Liberia Inches Closer to War Crimes Court

Downtown Monrovia

Liberia inched closer to a long-awaited reckoning for its brutal civil wars with the signing of a landmark executive order on May 2, 2024. Signing the historic Executive Order #131, President Joseph N. Boakai established the Office of the War and Economic Crimes Court (WECC), a critical first step towards the potential creation of a Special War Crimes Court. This move follows decades of calls for justice from victims' groups, international observers, and Liberian civil society.

The signing ceremony, a solemn event witnessed by government officials, diplomats, and representatives of the justice advocacy community, held immense weight. President Boakai acknowledged the nation's deep wounds, the "downpours of agony" endured by Liberians. He emphasized the importance of "justice and healing" as cornerstones for lasting peace.

In a statement, President Boakai described the signing of the executive order as a consummation of "a process that will set in motion deliberate action steps toward bringing justice and closure to the scars and memories of our tragic and violent misadventure into more than fourteen years of senseless civil conflict. Through the several years following the silencing of the guns, we as a people have endured downpours of agony, an avalanche of recriminations, and clarion calls from either victims or alleged perpetrators."

According to him, for peace and harmony to have a chance to prevail, justice and healing must perfect the groundwork, which is the conviction that has brought the nation to this point of decision.

"I acknowledge the historic move by our National Legislature -- both the House of Representatives and House of Senate -- to reach separate, and then, a joint resolution urging the nation to take tangible steps towards paving the way to bringing a just, healed, and reconciled finality to the issues of that ugly period of our past. The direct representatives of the people spoke through their collective and overwhelming vote as they passed the resolution. And so, we must act, and act now!

"On behalf of the Republic, I register sincere thanks to you, our legislators, and also to the justice and peace advocacy community, the interfaith community, as well as the various shades of victims who have for so long restrained themselves with the faith that at long last justice will one day arrive.

"This nation needs to be united in this resolve to ferret the causes and effects of the violence that was visited upon this Land to justly apportion the blame and rewards wherever they may lie.

"And so, to signify in the clearest possible terms our commitment to justice and the rule of law, as well as to amplify our affirmation that impunity will not be allowed to stand under our watch, I find it only prudent and fair to embrace and further bolster the efforts that the National Legislature has so courageously invested in this matter," President Boakai said.

A Multi-Faceted Effort

The newly established Office of the WECC serves a multifaceted purpose. It will spearhead the creation of a framework for the Special War Crimes Court, tasked with holding perpetrators of war crimes accountable.

The Office WECC will also "draft legislation for the establishment of the Anti-Corruption Court for Liberia, taking into full consideration jurisdictional configuration which shall be separate and distinct from those ascribed to other current criminal courts in Liberia, capable of addressing all forms of corruption cases connected to and growing out of the civil war as well as corruptions committed during the governance of the Republic subsequent to the Liberian civil war and to the present," the executive order says.

Furthermore, the Office of the WECC is mandated to research international models for such tribunals and secure funding from the international community - a vital aspect considering the complexities and resource requirements of such courts.

International Support, Local Resolve

The signing of the executive order has been met with cautious optimism. The European Union (EU) lauded the move as a positive step towards implementing the recommendations of Liberia's Truth and Reconciliation Commission, which had called for such a court in 2009.

"The EU and its Member States welcome these decisions taken by the Government and Legislature of Liberia contributing to the implementation of the recommendations of the Truth and Reconciliation Commission," said a statement from the European Union Delegation to Liberia. "The EU and its Member States continue to actively monitor developments as the concrete next steps of this historic Liberian-led and Liberian-owned process become clear. We are optimistic that this initiative will bring an end to impunity for war and economic crimes, while promoting national reconciliation and sustainable peace."

STAND, a local NGO and a vocal advocate for justice, applauded President Boakai and the Legislature for their commitment to the establishment of the WECC.

"As an unflinching supporter of this effort, STAND has been relentlessly vocal in advocating for President Boakai to issue this executive order favoring the setting-up of such an office," the organization, headed by Mulbah K. Morlu, Jr., said.

"In this regard, STAND wishes to commend President Boakai and the Liberia National Legislature under the leadership of Speaker J. Fonati Koffa for fulfilling this key and crucial premise of justice, in part, to pursue and hold accountable those bearing the greatest responsibility for the bloodletting and destruction visited upon Liberia for nearly two decades.

"Now that this historic and monumental feat has been achieved, STAND urges President Boakai to take the next prudent step to write the secretary General of the United Nations. This important step forward will ensure the provisions of all necessary technical, diplomatic and logistical support needed to bring an end to impunity in Liberia."

Challenges and Uncertainties Remain

While the signing is a significant milestone, the road ahead is long and fraught with challenges. The Office of the WECC faces the mammoth task of establishing a functional court system, navigating complex legal and logistical issues. Securing international funding will be critical, and the process is likely to be lengthy and dependent on the international community's continued commitment.

The success of this initiative also hinges on Liberia's ability to navigate the sensitive political landscape. The potential for the court to target individuals with political influence or loyalties cannot be discounted. Balancing the pursuit of justice with national reconciliation will also be a delicate act.

A Glimmer of Hope

Despite the uncertainties, the establishment of the Office of the WECC offers a glimmer of hope for victims of the Liberian civil wars and those seeking accountability. The prospect of a War Crimes Court, though distant, represents a potential turning point for Liberia. Whether the country can achieve true reconciliation and lasting peace through this process remains to be seen. However, this move signifies a crucial step towards that goal, a testament to the unwavering pursuit of justice by victims, activists, and Liberia's leadership.

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