Former notorious warlord turned Senator Prince Y. Johnson has reluctantly affixed his signature to a resolution passed by majority members of the Liberian Senate, committing to the establishment of two separate courts to prosecute perpetrators of war and economic crimes in Liberia with prerequisite that the United Nations carryout new investigations that would also unearth the names of those who provided arms, ammunitions and training to rebels during the Liberian civil conflict
Senator Johnson was the ex-leader of the notorious Independent National Patriotic Front of Liberia (NPFL) which captured humiliated, tortured and brutally killed former Liberian President Samuel Kanyan Doe on September 9, 1990.
He was recommended for prosecution by the erstwhile Truth and Reconciliation Commission (TRC) for committing war and heinous crimes and atrocities against humanity.
However, Senator Johnson has persistently opposed the establishment of the court citing the Amnesty Law granting freedom to former warlords and a ruling from the Supreme Court of Liberia on the matter.
But during the regular sitting of the Senate on Capitol Hill in Monrovia on Tuesday, April 9, Senator Johnson shockingly joined about 27 other Senators to sign the resolution for the court establishment.
Ex-rebel leader of the Movement for Democracy in Liberia (MODEL), now Senator of Grand Gedeh County Thomas Yaya Nimely, also signed the resolution.
Senator James Biney of Maryland County was the only lawmaker from the Senate who did not sign the document.
Speaking in an interview with Reporters shortly after signing the resolution, Senator Johnson pointed out that his consistent opposition of the formation of the court in the past was due to his selection as the Spokesperson by leaders of former warring factions in Liberia.
He said the former warlords expressed concerns that the Comprehensive Peace Accord (CPA) they signed in Ghana to end the 14-years civil conflict, was not being adhered to as evidenced by mounting calls and pressure for the establishment of the court to prosecute them.
"Over the years, there has been too much talk about establishment of war and economic crime court in Liberia and people think that I'm so afraid that's why I have been speaking. We (former rebel leaders) meet at my house in Paynesville, we had an election among ourselves and I was made the general spokesman at the time Charles Julu was alive and many of the faction leaders were available. Thomas Yaya Nimely who is now a Senator was the Secretary General of the group and he drafted the resolution that we delivered to the Liberia Council of Churches (LCC) that we are up for peace and we do not want any trouble. That's why you hear me speaking all of the time. I am not afraid."
Senator Johnson claimed that calls for the establishment of the court have been mostly driven on the recommendations contained in the final report of the TRC.
He justified that he and others accused of war crimes cannot be held liable based about the recommendations from the commission.
"Recommendations are not laws that are binding. So, for people to be clamoring that it (recommendations) must be fully implemented or enforced, it's a sad mistake. They are speaking out of ignorance because; recommendations are advice, suggestion, counsel or opinion. They are subject to legal scrutiny."
Supreme Court ruling
He recalled that the recommendations from the erstwhile TRC prompted a lawsuit filed by Mr. Archie Williams as petitioner against the government, represented by former Justice Minister Christiana Tah, and the Independent National Human Rights Commission (INHRC).
In its ruling, the Supreme Court states that "Section 48 of the TRC act directing mandatorily that the President implements all of the recommendations of the TRC is unconstitutional, of no legal effect and therefore unenforceable, and it is hereby so declared."
"Accordingly, the Act of the TRC in adjudging the petitioner guilty of certain criminal offenses and imposing a thirty year ban on him from holding any public office, elected or appointed, without according to the petitioner and all persons named in the TRC Report and subject to the ban, relying on section 48 of the TRC Act as the basis for the decision, is unconstitutional and of no legally enforceable effect. The petition is hereby granted," former Chief Justice Johnnie Lewis ruled in the case on January 21, 2011.
Relying on the ruling from the High Court, Senator Johnson claimed that the recommendations contained in the final report of the TRC run contrary to the Liberian constitution.
"Liberia is a country of law and not man and the Supreme Court is the final arbiter of justice. If the Supreme Court ruled against recommendations that contain bias and says it's unconstitutional or unenforceable and you in the House of Elders (Senate) want to force it and do something to the contrary-to me it's a mistake and that's what I been speaking against."
Forgetting Nimba?
Senator Johnson further claimed that the leadership of the Senate did not make available the resolution for him to sign on the date majority of his colleagues were signing.
He was seen reminding Pro Tempore Nyonblee Karnga Lawrence during the reading of the resolution on the need for his county to be represented on the final document.
He complained of being conspired against by his colleagues in the Senate for the passage of the resolution.
"Nimba that I represent is a county and not an individual. Bring the resolution to the county or the office to either reject or accept to affix the signature of whoever represents the county. They did not do that. They did it like a conspirator maneuver. That's why in the presence of all I had to ask the Pro Temp 'where is Nimba? Why you did not bring it (resolution) to us to sign? Why did you leave Nimba out?"
Senator Johnson claimed that though the Internal Affairs Committee which he chairs was nominated to form part of the Joint Committee which finalized the resolution for the establishment of a war and economic crime court, Pro Temp Lawrence refused to allow him form a part of the process.
He said other members of his committee were not opportune to also form part of the technical aspects of the resolution prior to its submission for signing.
He accused his colleagues of signing the resolution "secretly" in the office of Senator Lawrence, thereby initially denying him the opportunity to do so.
However, Senator Johnson signed the resolution openly during the Tuesday's sitting.
"My people know the entire Senate conspired against me. But those who even signed the paper (resolution), they cannot be freed from economic crime. A lot of them inside there fought war."
Calling for UN backed investigation
Senator Johnson said recommendations in the TRC report should not be used to prosecute or go after those accused of committing war and economic crimes.
He stated that the United Nations should take charge of prosecuting the accused by gathering fresh information, instead of relying on the "bogus" TRC recommendations.
"If you want to bring a war crime court, the best thing to do is to write the United Nations directly so the UN can send their investigation team to go all over the counties again to find information about those people who may have committed heinous crimes."
Senator Johnson maintained that the dissenting position given by some commissioners of the TRC clearly shows that the entire process was bias.
This, he claimed, prompted the delay in the implementation of the TRC report, especially the prosecution of those accused of war crimes, by past governments.
He wondered why his colleagues in the Senate took two years to advise former President George Manneh Weah on ways forward to establish the court, but took less than a month to make a u-turn by signing a resolution.
Why PYJ signed the resolution
"If you want to deal with the war crime court issue by using the recommendations (from the TRC) and that's the best way to go, I will say no. I saw all the counties have signed and so I say, let me go and sign. After signing the document today, we are watching to see what will be the outcome. This is a national security issue and we want peace in our country. What is not done properly, it's not done at all."
"All of my colleagues signed at the Pro Temp office or somewhere behind my back. They made me look so funny and ugly in the eyes of the Liberian people through the electronic media. So, I just sign to let people know that I'm not afraid."
The big job
Senator Johnson said though he wants justice for both the accused and war victims, he cannot be held liable for statements made before the TRC.
He observed that the task of the court would be a "big job" that should also look at the "sponsors of the war, countries that provided training bases and those who purchase weapons, and the changing of ECOMOG mandate from peacekeepers to peace enforcers," amongst others.
"We support the war and economic crime court provided if there will be a direct communication to the UN to establish the court by firstly sending their investigation team to restart, but it should not be based on the TRC recommendations that were condemned by the Supreme Court of our country. I am a brave soldier. I came to liberate my people."
When quizzed whether he's willing to call big names who provided his warring faction arms, ammunitions and training, Senator Johnson stated: "the investigation will come out with it; we are not afraid of that."
He vowed to hire local and international lawyers to ensure that the war and economic crime court does not perform its tasks and responsibilities by using the TRC report.
Also speaking, Pro Tempore Lawrence claimed that Senator Johnson was aware of the signing of the resolution prior
"Every Senator was given the opportunity to read the resolution and come out to agree on signing. That's why you see Senators endorsed the resolution today and that didn't call for any debate. There were two Joint Committees-Defense and Judiciary. Senator Prince Johnson is a member of the Senate and the Senate operates through two different mediums. We have a Chatroom that we all communicate in every day to get update and talk about issues to discuss on the floor. All Senators were informed by the decision and the resolution."
"I also personally placed a call to Senator Prince Johnson this morning because I didn't see him in some of the meetings that were held to inform him about the resolution and decisions that were made and we had a conversation. We encouraged him to come and participate."
She said the establishment of the court is a critical step towards the formal closure of the terrible memories left behind as a result of the conflict, protecting the peace and encouraging the people's confidence and the rule of law and administration of justice in the country.
"It is against this backdrop that we gathered here today to inform the public about the Senate's decision on the establishment of the war and economic crime court for Liberia. This decision we believe will bring to the end long period of impunity for those who bear the greatest responsibility for crimes against humanity and other violations of international and humanitarian laws and other domestic laws."
She stressed that it is only by means of justice and accountability that citizens can help promote reconciliation and healing.
According to her, the establishment of the court would demonstrate the country's commitment to upholding the rule of law and ensuring that "there is no impunity for serious crimes."
"It will strengthen our justice system and promote respect for human rights and international laws. Most importantly, the existence of a war crime court will also serves as a deterrent against future human rights abuses and violations. Knowing that one can be held accountable for his or her actions can discourage potential perpetrators from committing similar crime in the future."
Pro Tempore Lawrence maintained that the court is also a crucial component of transitional justice efforts and would help address the legacy of conflicts in post-conflict societies.
"We call on all Liberians to see our actions as a start of reconciliation and a pathway for healing, forgiveness, peace-building and love for one another. We will remain committed to ensuring that all steps are taken led-by the President of Liberia to bring a closure leading to a new era of a more united and prosperous nation."
She, however, denied speculations that lawmakers were under international pressure or coerced to sign the resolution.
According to her, the hasty passage of the resolution was based on teamwork, time and commitment given and placed on the matter by every Senator.
The resolution
In the resolution, the Senators observed that the various phases of the Liberian civil wars from 1989 to 2003 resulted in deaths of innocent civilians and destruction across Liberia, including the displacement of nearly half of the population, horrific abuses, including summary executions, massacres, mutilation, torture, rape and other forms of sexual violence, and forced conscription and use of child combatants.
They called for justice to 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;
"That pursuant to Chapter 1, Article 1 of the 1986 Constitution which vests in the people of Liberia the right to alter and reform their government when their safety and happiness so require, and the Executive consistent with Article 57 has signed all United Nations Conventions on human rights, treaties, protocols and agreements, including, but not limited to, the Rome Statute of 1998, all of which the Legislature has ratified under Article 34(D); the Legislature supports the full implementation of the Truth and Reconciliation Commission 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."
They maintained that in consistent with Article 34(e) (b) (j)(I) of the Constitution, the Executive should develop 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 such 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."
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The Senators also want the President to 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.
"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; 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."
The Senators stressed 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 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; and continue the National Palava Hut Program and other programs for national healing, peace building and reconciliation.
They also called for the construction of 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.
With the latest action taken by Senators, the Joint Resolution would now be forwarded to the House of Representatives for concurrence.
Though the resolution emulated from the House of Representatives, the additional amendments made by the Senators triggered the return of the document to the Representatives.
If the House of Representatives makes additional amendments to the resolution, a conference committee would be setup comprising of members from the two bodies to finalize a single resolution.
But if the House maintains the latest amendments from the Senate, the document would be forwarded to President Joseph Nyumah Boakai to act by submitting a bill for the establishment of the court in fulfillment of Article 34 of the 1986 constitution, which amounts other things gives authority to the National Legislature to establish courts in the country.
