Monrovia, Liberia – A resolution calling for the creation of a war and economic crimes court was approved on Tuesday by the lower house of Liberia’s national legislature. The adoption takes place in conjunction with the visit of Dr. Beth Van Schaack, the Ambassador-at-Large for Global Criminal Justice for the United States. If approved, the proposal would result in the passage of a law creating the Court, decades after the bloody civil war that claimed thousands of lives and sent many more into exile.
A historic vote for victims of the Civil War has been marked by the resolution signed by 40 of the 73 members of the House. Paradoxically, every legislator from Nimba County, the home of former warlord Prince Johnson, with the exception of Taa Wongbe, voted against the measure. Musa Bility, a businessman who just won a county seat, did not vote.
In order to help establish the Extraordinary Criminal Court in Liberia in a way that enables the trial of international crimes in conformity with international standards and best practices, the resolution calls on President Joseph Boakai to collaborate with the UN, foreign partners, institutions, and civil society organizations.
The resolution reminds people that the civil wars that raged in Liberia between 1989 and 2003 caused death and destruction throughout the country. They also resulted in the displacement of almost half of the population and horrifying abuses such as rape and other sexual violence, massacres, summary executions, mutilation, torture, forced conscription, and the use of child fighters.
In addition, the resolution reminds us that Article XIII of the Comprehensive Peace Agreement between Liberia and the United States, which was signed on August 18, 2003, calls for the creation of a Truth and Reconciliation Commission (TRC) to serve as a forum for discussing impunity and to give both victims and offenders of human rights violations a chance to share their experiences and gain a clear understanding of the past in order to promote real healing and reconciliation.
The resolution states that the TRC was formally established in 2005 when the Liberian legislature passed the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT). The TRC’s mandate is to investigate gross human rights violations, violations of humanitarian law, sexual violations, and economic crimes that took place between January 1979 and October 2003 in order to promote national peace, security, unity, and reconciliation.
The resolution further states that on December 19, 2009, the Liberian TRC delivered its final report to the National Legislature, recommending the creation of an Extraordinary Criminal Court of Liberia, an international domestic court with the power to bring criminal charges against anyone suspected of grave human rights violations, serious violations of humanitarian laws, and specific domestic crimes.
The resolution states that Section 48 of the TRC Act mandates that “The Head of State shall report to the National Legislature as to the implementation of the Commission’s recommendations within three months of receipt of the report of the TRC, and on a quarterly basis thereafter,” that “All recommendations shall be implemented,” and that “Where the implementation of any recommendation has not been complied with, the Legislature shall require the Head of State to show cause such non-compliance.”
As a result, the resolution notes that even though the TRC Act requires it to, the Liberian government has not yet completely carried out the recommendations of the Truth and Reconciliation Commission, including the creation of an Extraordinary Criminal Court for Liberia.
The resolution expresses regret that not a single individual has been prosecuted in Liberia for the serious crimes perpetrated during the country’s military conflicts between 1989 and 2003. As the UN and other international partners possess expertise in setting up and running war crimes courts, including those with both domestic and international participation and knowledge, the resolution states that in July 2018, the UN Human Rights Committee expressed concerns about Liberia, stating that “none of the alleged perpetrators of gross human rights violations and crimes mentioned in the TRC report has been brought to justice.” The committee further urged Liberia to establish a process to bring about accountability from past crimes and to report back on the issue of impunity and accountability for crimes era civil wars by 2020.
A majority of members of the Lower House agreed to support the full execution of the TRC’s recommendations, including the creation of an Extraordinary Criminal Court in Liberia, on Tuesday, March 5, 2024, and pledged to collaborate with President Joseph Nyumah Boakai on the project.
