-- Whose interest does Boakai's War Crimes Court Chief represent?
Liberia inches closer to the establishment of a War Crimes Court (WCC) to prosecute perpetrators of heinous human rights and economic crimes, but there is a new battlefront on the horizon that could possibly distract the process.
And while the establishment of the court has eluded the country for over two decades, President Boakai's bold move to sign the executive order, establishing the Office of the WECC, was met with support and enthusiasm from many Liberians, signaling a strong commitment to addressing past injustices and promoting reconciliation.
The unanimous resolution endorsed by the National Legislature further underscores the importance of a united political will to ensure a successful and peaceful implementation of the WECC.
However, the recent appointment of Cllr. Jonathan Massaquoi as the Executive Director of the Office of the WECC has opened a battle among Liberian war crimes court advocates and other international counterparts, especially Alan White, the former chief investigator of the Special Court for Sierra Leone, and US Representative Chris Smith, over whom to control the process and who to play what role(s).
The local advocates, led by former Truth and Reconciliation Commissioner, Massa Washington, and Adama Dempster lead campaigner of the Coalition for the Establishment of War and Economic Crimes Court in Liberia, believe Cllr. Massaquoi is the wrong pick for the post as he lacks the requisite knowledge and competence to lead such a monumental national task.
"Jonathan Massaquoi is a lawyer who has a ZERO clue about human rights issues in Liberia and the world," said Washington in a Facebook post. "[He] has NEVER interested himself in it. Not even the TRC process. Worst of all, he is the lawyer who represents the interests of perpetrators against human rights advocates. Joseph Boakai is supporting the persecution of human rights advocates. The Liberian President has just stuck out his middle finger to the genuine fight for justice in Liberia," Washington said in a post on her Facebook page, questioning Massaquoi's credentials and suitability.
Dempster's Coalition for the Establishment of War and Economic Crimes Court in Liberia described as troubling, the fact that Massaquoi has filed multiple lawsuits against human rights defenders, institutions, and individuals who have long advocated for the establishment of the war crimes court.
He is also said to have represented Sierra Leonean national Gibril Massaquoi, who is being prosecuted by Finnish authorities for crimes committed during Liberia's civil war, which left hundreds of victims in Lofa County because of his alleged brutal actions.
The coalition argues that a person who has represented alleged perpetrators of gross human rights violations and war crimes cannot also represent the victims and survivors of those same atrocities. This duality, they believe, poses a significant conflict of interest.
These previous legal representations, including cases involving prominent figures linked to war crimes, economic sabotage, and illicit drug trafficking, raised questions about Massaquoi's impartiality and credibility in overseeing the WECC.
Observers have expressed concerns that Massaquoi's involvement in representing clients, including Agnes Reeves-Taylor in defamation lawsuits, against justice activists such as Hassan Bility of the Global Justice and Research Project, former Truth and Reconciliation Commissioner Massa Washington, and Alain Werner, head of the Swiss organization, Civitas Maxima, could raise doubts about his impartiality and independence in the eyes of the public. This could lead to a perception that he may lean towards protecting accused perpetrators, affecting public trust in his role within the WCC.
Responding to questions from the Daily Observer Newspaper on Sunday, Kula Fofana, Presidential Press Secretary, noted that Cllr. Massaquoi, as Executive Director of the WECC, "his roles are clearly outlined in the Executive Order 131. He is not going to be the prosecutor, nor is he heading a court when established. On the issue of conflict of interest, the role of the Office won't be adjudication. As stated supra."
Also speaking with New Narratives last week, Fofana said: "As executive director, you are not the court. This office is not the prosecuting arm. The office is to review and answer all the lingering questions surrounding establishing the court, also looking at the legal issues, the different laws and ensuring that there's harmonization and will ultimately report and put forward the recommendation to the president for onward action."
"The activists should support this process to allow the leadership to do their job. Based on the different work that they do, then they can determine whether Cllr. Massaquoi lives up to the terms of reference. They can flag issues if they see the counselor is proceeding wrongly.
"For now that is the appointment," said Fofana. "If for any reason the President changes his mind, again, the Constitution gives him the authorization to push forward his agenda."
Despite these backlashes, Massaquoi's appointment has been received favorably by Alan White and U.S. Congressman Chris Smith -- a move that has created uneasiness among local advocates.
Is Massaquoi a Pawn?
While the appointment of Massaquoi seems to be the issue of contention, the bigger picture of the issue is still concealed -- and this has to do with who has the most influence or who would call the shots when the court is established.
Advocates such as Washington, Bility, Dempster, and others believe that Massaquoi is being used as a pawn by international elites who want to hijack the process back home.
White is reported to have found favor with President Boakai to play a leading role in the establishment of the court -- a move that does not sit well with Liberian advocates. White is accused of making demeaning remarks about fellow advocates, especially Hassan Bility and his group at a US Congressional hearing on the Liberian courts.
US Republican congressman, Chris Smith (R-NJ), Chair of the House Global Human Rights Subcommittee, acknowledged President Boakai's "timely appointment" of Massaquoi.
Said Smith: "We can assure our partners both locally and internationally that the people of Liberia who suffered brutal human rights violations and economic crimes for many years shall get the justice they so deserve."
He added, "Office remains open to engaging with civil society organizations that are sincerely and genuinely involved in the advocacy of accountability and the rule of law in Liberia."
Smith, who is also the Co-chair of the Tom Lantos Human Rights Commission of the United States Congress, disclosed at the hearing that President Boakai had recognized White, an American, as "a trusted advisor and has personally requested him to assist in the establishment of the court."
However, Fofana told New Narratives that White had not been appointed to any advisory role. "President Boakai speaks to many people on many things," said Fofana. "I wouldn't know if Mr. White is informally advising President Boakai. Currently, there has not been any appointment of an advisor to the office. This process -- of the war and economic crimes court -- is Liberian. And it's going to be led and driven by the Liberians themselves."
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Adama Dempster, who was also at the U.S. congressional hearing, said he was not aware of White's role, indicating that the war crimes court process should be led by Liberians.
"International experts cannot supplant the vital role that Liberians must play," Dempster told the Lantos committee. "For this court to have a lasting impact on Liberian society and rule of law, it must be Liberian led."
Dempster was buttressed by Human Rights Watch's Liz Evenson, an international activist who also addressed the hearing.
"Liberian experts should also fill key positions in the judiciary, the prosecution, the defense and registry. Liberian ownership of the court is crucial to build and maintain local support for accountability processes," she said.
Adding to the controversy is the swift endorsement of Cllr. Massaquoi's appointment by US Congressman Chris Smith. The coalition criticized this endorsement, stating it lacked a thorough investigation into the allegations against those involved, which were presented during the Tom Lantos Human Rights Commission hearings on Liberia on June 13, 2024, in Washington, DC.
The coalition and human rights community emphasize that while Liberia seeks further US government support to end the culture of impunity, maintaining neutrality and accountability is crucial. They assert that Congressman Smith's neutrality would better support the rule of law and accountability.
