-Senators, including ex-warlord, sign resolution to establish war and economic crimes court
By Jerromie S. Walters
The Liberian Senate’s plenary unanimously signed the Joint Resolution calling for the establishment of a War and Economic Crimes Court in the country to end the culture of impunity.
On Tuesday, April 9, 2024, 27 of the 29 Senators signed a resolution endorsing Liberia’s establishment of a war and economic crimes court.
Following the senate decision, including the involvement of Nimba County Senator Prince Johnson, who has been known as an anti-war and Economics Crimes Court lawmaker due to his involvement in the bloody civil unrest, Senate Pro-tempore Nyonblee Karnga Lawrence branded it as the beginning of ending impunity in Liberia. “We believe this decision will put an end to the perception in the public that members of the Liberian Senate are against establishing a war and economic crimes court. We believe this decision is the beginning of ending impunity in Liberia.”
She confirmed that the Senate has communicated with the Speaker of the House of Representatives Cllr. Fonati Koffa and members of the House of Representatives are seeking their concurrence. “I am pleased to announce that, Twenty-seven (27) of the Twenty-nine (29) Senators have signed a resolution endorsing the establishment of the war and economic Crimes courts in Liberia. Thanks to Senators who have trusted in my leadership on why they should sign this resolution and also thanks to those who have another view on this matter.
What the resolution says
The document provides that the Extraordinary Criminal Court to be established shall be known as the 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 under Article 34(f).
Consistent with Article 34(e)(b)(j)(l) of the 1986 Liberian Constitution, the Executive shall develop a legal framework and submit the same to the Legislature for enactment into law for the establishment of an Anti-Corruption Court (ACC) focusing from 1979 to 2003.
The agreement also said the President shall write the United Nations, the European Union, and the United States Government expressing the Liberian Government’s intention to establish the Extraordinary Criminal Tribunal on Liberian soil or alternatively to a country to be designated.
The Liberian Leader shall further 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 the court.
“That the President shall report to the Legislature as to the progress made on the establishment of the two courts as well as challenges, if any, or outcome(s) of his engagements with the United Nations, the EU, the US Government, and other international partners regarding the resource mobilization plan and results, including domestic resource mobilization through the budgetary process, pursuant this Resolution,” the document says.
“That consistent with Chapter 2, Article 5(c) of the 1986 Constitution, the President shall issue 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,” it adds.
The Joint Resolution furthered that to jump-start this 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; (a) 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 the injuries and losses sustained by individuals and communities.
It called on the Liberian Government to 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.
The document also wants the state to continue the National Palava Hut Program and other programs for national healing, peacebuilding, and reconciliation and construct 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.
“WHEREFORE, members of the Senate and the House of Representatives hereunto affix their signatures this 8th day of April A. D. 2024,” the Joint Resolution notes
Meanwhile, our legislative reporter said the Joint Resolution is an initial step taken by the 55th National Legislature as the full establishment of such a court shall be done through a bill or an act to be passed by the Legislature, signed by the President, and finally printed into a handbill for its implementation.
The War and the TRC Report
According to International Statistics, Liberia’s bloody civil unrest cost the International Community about Ten billion United States Dollars (USS10,000,000,000) and destroyed the properties of citizens and non-citizens, including the Liberian Economy, which is still struggling.
Not just with this financial destruction, during the unjustifiable conflict, over 250,000 people lost their lives; Liberians and non-Liberians, including the ECOMOG soldiers of the West African Peacekeeping force and Peacekeepers from the United Nations; amongst others.
Following this tragedy, the TRC came into play. The Truth and Reconciliation Commission of Liberia (TRC) presented its final report containing findings, determinations, and recommendations made by the Commission to the National Legislature, following the peace agreement.
The report contains major findings on the root causes of the conflict, the impact of the conflict on women, children, and the generality of the Liberian society; responsibility for the massive commission of Gross Human Rights Violations (GHRV), and violations of International Humanitarian Law (IHL), International Human Rights Law (IHRL) as well as Egregious Domestic Law Violations (EDLV).
The report also determined and recommended that Criminal Prosecution for these violations, Reparations, and a “Palava Hut” Forum are necessary and desirable to redress impunity and promote peace, justice, security, unity, and genuine national reconciliation. The TRC was agreed upon in the August 2003 Comprehensive Peace Agreement in Accra and created by the TRC Act of 2005.
Over the years, there have been calls from ordinary Liberians and foreign diplomats for the implementation of the Truth and Reconciliation Commission of Liberia (TRC) report. Sadly, it has taken about three presidential terms and two different administrations since the report was made available, but it has not been implemented. Fortunately, visible signs appear to be seen from the current administration for the establishment Of the Court.
