Senators on Capitol Hill on Tuesday, April 9, 2024 signed on to a resolution, titled, “Liberian Legislature Joint Resolution #JR-001/2024 of the Senate and the House of Representatives of the Republic of Liberia on the mechanisms for the establishment of an extraordinary criminal court and domestic corruption court for war and economic crimes, respectively”, which is completely different from the version sent by the House of Representatives for concurrence.
The resolution underscored that justice should prevail and there should be no impunity for those who bear the greatest responsibility for war crimes, crimes against humanity, other violations of international humanitarian law and other domestic crimes which occurred during the Liberian civil crisis.
The resolution expressed support for the full implementation of the Truth and Reconciliation Commission (TRC) recommendations, including the timely establishment of an Extraordinary Criminal Court for Liberia, to be known as UN backed “Special War Crimes Court for Liberia (SWACCOL)”, to prosecute those who bear the greatest responsibility for war crimes and crimes against humanity committed between the period 1979 and 2003.
Consistent with Chapter 2, Article 5(c) of the 1986 Constitution, the Legislature requested that President Joseph N. Boakai issues an Executive Order to establish the Office of War Crimes (OWC) within the Ministry of Justice, and appoint forthwith a Special Envoy or Officer-In-Charge (OIC), duly certified by the International Criminal Court (ICC) in The Hague, Netherlands, or the African Court on Human and Peoples’ Rights (ACtHPR) or any other international courts and tribunals with the relevant experience, qualification and competence in international criminal law and practice, to organize and coordinate all actions and activities regarding the court and assist the President to mobilize resources and do all that is legally feasible, including the establishment of a secretariat, where applicable, to facilitate its operations and the successful implementation of its mandate, among others, done in consultation with the UN, the EU, the US, and/or other independent parties.
According to the resolution, to jump-start the renewed campaign of national reconciliation and healing as the final phase of Liberia’s recovery process, the President shall implement the following recommendations of the TRC: offer apology on behalf of the state to the many victims and the people of Liberia in general for its role in the conflict and for the injuries and losses sustained by individuals and communities; work with the United Nations, the EU, the US Government, and other international partners to set up a Reparation Trust Fund (RTF) for victims and communities worst affected by the conflict, to benefit through direct financial assistance or through development programs and projects; continue the National Palava Hut Program and other programs for national healing, peace building and reconciliation; andconstruct a national monument to commemorate the victims of the atrocities, to serve as a reminder of the war and to create a national consciousness against armed conflicts.
The Senate resolution however craved for the separate establishment of an economic crimes tribunal, requesting that the Executive develops a legal framework and submit same to the Legislature for enactment into law for the establishment of an Anti-Corruption Court (ACC), under domestic jurisprudence, for fast-track trial of those who will be investigated and subsequently indicted for acts of corruption and other economic crimes committed from 1979 to 2003 and crimes committed from 2004 to present,constituting Constitutional rule.
“This fast-track corruption court shall remain the primary court for the dispensation of justice for corruption and other economic crimes going forward, in line with Liberia’s Penal Code and prevailing international laws and standards,” the resolution observed.
“The President shall write the UN, the EU, and the US Government expressing the government’s intention to establish the Extraordinary Criminal Tribunal on Liberian soil and thereby request financial and other assistance; develop a financial resource mobilization plan and submit it to the United Nations, the EU, the US Government, and other international partners to seek financial and economic support for the establishment and operations of an Extraordinary Criminal Tribunal on Liberian soil or alternatively to a country to be designated,” the resolution added.
Twenty-eight senators signed the resolution, including Nimba County Senator, Prince Johnson, and Grand GedehCounty, Senator Thomas Yaya Nimley. Maryland County Senator, James Bainey, is the only individual who did not sign the resolution.
However, because the resolution is different from the one sent by the lower House, it has been sent back to the House of Representatives for concurrence before it can be forwarded to the Office of the President for signing.
War and economic crimes court advocates have described the Senate’s move as another delay for the speedy establishment of the court, as the lower House, too, will have to review the Senate’s version and make a determination whether or not to concur.
According to them, the haul-and-pull with the resolution at the National Legislature could go for several months or, possibly, be downplayed during the process, and this is not in the interest of serving justice to the 250,000 victims of the civil crisis.