The debate for the establishment of a war and economic crimes court, as recommended by the erstwhile Truth and Reconciliation Commission (TRC) in 2009, has overwhelmed the intellectual space of the country and imposed a stressful pressure on the administration of President George M. Weah, with lobbyists and advocates extending their tentacles as far as to the United States Congress, leaving the Liberian government with little or no option in making an independent decision about the court’s establishment.
On one hand, proponents of the Weah administration are accusing the opposition of politicizing the establishment of the court and using the situation to undermine the workings of the CDC government at the international level. Topnotch individuals in the CDC, including Jallah Grayfield, Deputy Director General for Public Affairs, Liberia Broadcasting System (LBS), are of the belief that the opposition is doing so for the CDC to succumb to pressure and establish the court, at the detriment of losing the political support of Nimba County Senator, Prince Y. Johnson. They say Senator Johnson holds an undisputed command in Nimba politics, and that his support could catapult any candidate to victory in Nimba County, which is dire to the second-term bid of President Weah in 2023.
On the other hand, critics of the regime are accusing President Weah of lip-servicing the TRC recommendations, which they see as important to bringing justice to the over 250,000 individuals who lost their lives, calming the grudges and malice in the hearts of the victims’ families, making the perpetrators to account for their cruelty and ending the age-old tradition of impunity. They say the likes of Senator Prince Johnson, who is accused by the TRC of killing, extortion, massacre, destruction of property, force recruitment, torture, force labor and rape, should not be among those who determine what is good or not in the Liberian society. They, too, accused the CDC government of shielding the war criminals in order to gain their political support for 2023, which they see as cruel and disservice to the Liberian people.
The two sides seem unapologetic in their quest to secure political power come 2023 but however forgot that the TRC recommendations are much more than just Senator Prince Johnson, and that the effect of the court, if established, could be cataclysmic for their political dreams.
Among prominent and influential names recommended by the TRC for war crimes prosecution are Charles Taylor (NPFL), Prince Johnson (INPFL), Alhaji G.V. Kromah (ULIMO-K), Roosevelt Johnson (deceased) (ULIMO-J), George Boley (LPC), Thomas Yaya Nimely (MODEL), Sekou Damante Konneh (LURD) and Francois Massaquoi (LDF). These were the leaders of the well-known factions in the Liberian civil war from 1989 to 2003.
Besides them, the TRC also recommended Dan Morias, Adolphus Dolo (Peanut Butter), Gen. Charles Julu, George Dweh, Momo Gebah (Bull Dog), Coco Dennis (Gen. Gonda), Michael Davies (Sundaygar Dear-boy), Jonathan Banney, Moses Z. Blah, Siafa Norman, Roland Duo, Benjamin Yeaten, Sando Johson, Cllr. Richard Flomo, Saah Gborlie, Alex Tolbert, Reginald Ballout, Kai Farley, etc. All these names are placed on the “Most Notorious Perpetrators” list of TRC and charged with crimes, ranging from rape, mutilation, murder, massacre to looting, abduction, cannibalism and forced labor.
With or without Senator Johnson, the implementation of the TRC recommendations appears no less important, as all the names recommended by the TRC committed gross human rights violations, including violations of international humanitarian law, international human rights law, war crimes and egregious domestic laws violations. They were accused of killing, gang raping, multiply raping and forcefully recruiting, as well as sexual slavery, forced labor, exposure to deprivation, etc.
Reducing the war crimes court’s establishment to the prosecution of Senator Johnson, in the eyes of international observers, is swaying from the true intent of the court’s establishment. “What if Senator Prince Johnson dies before the establishment of a war and economic crimes court? Does that mean the court’s establishment is no longer relevant or negate the fact that other perpetrators need to face justice?” an inquisitive observer who resides in the US asked.
The Truth and Reconciliation Commission (TRC) was established at the end of the peace conference in Accra, Ghana, when the Comprehensive Peace Agreement was signed by all parties to the conflict, including the international community as guarantors, in August 2003. Under the agreement, sitting President Charles Taylor stepped down and departed Liberia into exile, paving way for a two-year National Transitional Government, headed by Chairman Gyude Bryant. In June 2005, the National Transitional Legislative Assembly enacted the TRC Act into law. National elections were held in November 2005 and Ellen Johnson-Sirleaf was elected, sealing a long period of conflict and creating the space for national reckoning. President Sirleaf inaugurated the nine-member TRC Commission in February 2006 and the Commission launched to commence its operation on June 22, 2006.
The TRC had a mandate to document and investigate the massive wave of human rights violations that occurred in Liberia during the period January 1979—October 2003; establish the root causes of the conflict and create a forum to address issues of impunity; identify victims and perpetrators of the conflict; establish a forum to facilitate constructive interchange between victims and perpetrators to recount their experiences in order to foster healing and reconciliation; investigate economic crimes and other forms of human rights violations and determine whether these violations were part of a systematic and deliberate pattern of violations or isolated events of violations; conduct a critical review of Liberia’s historical past to acknowledge historical antecedents to the conflict and correct historical falsehood; adopt specific mechanisms to address the experiences of women and children; make recommendations to the Government of Liberia (GOL) for prosecution, reparation, amnesty, reconciliation and institutional reforms where appropriate to promote the rule of law and combat impunity; and compile a report and submit same to the government and people of Liberia.