Dear President Boakai:
The Coalition for Justice in Liberia ("CJL") commends your administration for your ongoing efforts to obtain justice for Liberia's war victims. As noted in our prior letter on May 11, 2024. The CJL is indebted to you for establishing the War and Economic Crimes Court in Liberia.
We write to express our concern regarding the appointment of Mr. Jonathan Massaquoi to lead Liberia's War and Economic Crimes Court Office.
Based on information that has surfaced since the appointment of Mr. Massaquoi, the CJL respectfully calls on you to rescind the appointment immediately.
Mr. President, the important office of WECC Republic of Liberia should be headed by an attorney whose character and professional reputation are above reproach. The leader of this office ideally should be a lawyer who is respected domestically, regionally, and internationally. Ideally, that person should know international law, and be familiar with other war crimes tribunals.
From all indications, Mr. Massaquoi doesn't possess any of the referenced traits. Mr. Massaquoi has not practiced law outside the Liberian judicial system, which has questionable ethics. Beyond this, he has no known expertise in international law.
In addition, Mr. Massaquoi has an insurmountable conflict of interest, which prevents him from ethically representing the War and Economic Crimes Court Office. Mr. Massaquoi previously represented Mrs. Agnes Taylor, wife of convicted former Liberian President Charles Taylor and other actors of war/economic crimes in Liberia. In that representation, Mr. Massaquoi sued Liberian war victims and Liberian human rights advocates on behalf of Mrs. Agnes Taylor.
Mr. Massaquoi's representation of Mrs. Taylor and other alleged war actors like notorious Sierra Leonean war commander, Gibril Massaquoi, is in direct conflict with his proposed work for the WECC. The Office of WECC will coordinate, aid, and participate in bringing charges against Liberian warlords in the Taylors, their associates, and other individuals who economically benefited from the Liberian Civil Wars, and/or committed crimes against the Liberian people.
The WECC appointment calls on Mr. Massaquoi to represent the interests of his previous opponents in the same or similar matter against the interests of his previous clients -- Mrs. Agnes Taylor, Former President Ellen Johnson Sirleaf, Former Vice President Jewel Howard Taylor and more. Pursuant to both the Liberian Rules of Professional Responsibility and the internationally accepted Model Rules of Professional Responsibility, Mr. Massaquoi has a conflict of interest and should be immediately removed from the position of WECC director.
Besides this obvious conflict, CJL believes that the appointment of Mr. Massaquoi casts doubts on your administration's commitment to the WECC process. There is an appearance that Mr. Massaquoi was appointed solely to undermine the effectiveness of the WECC.
The WECC recently issued a press release comparing the appointment of Mr. Massaquoi to the appointment of Justice Ketanji Brown Jackson to the U.S. Supreme Court. The comparison is not reasonable or remotely apt. According to the rules of ethics, Justice Brown is barred from participating in or rendering judicial opinions in matters in which she previously served as legal counsel for a party. To do so is a conflict of interest. If the same rules were to be applied to the WECC, Mr. Massaquoi would be immediately barred from holding this position, due to his past representation of Mrs. Taylor. To this end, CJL finds the WECC's comparison between the appointment of Justice Brown Jackson and Mr. Massaquoi to be misplaced, and sadly misleading.
We are equally concerned by the comparison of Mr. Massaquoi's appointment to that of Karim Admah Kahn, as Chief Prosecutor of the International Criminal Court. As Chief Prosecutor of the ICC, Mr. Kahn did not in any way participate in matters related to the Special Court for Sierra Leone, where he previously represented Charles Taylor. During his entire tenure at the ICC, Mr. Kahn's office did not handle any matter relating to the Sierra Leonean atrocities. Even if such a matter had surfaced before the ICC, Mr. Kahn would not have directly or indirectly participated in its litigation. Thus, the comparison is not accurate or fair.
President Boakai, Mr. Massaquoi's appointment will likely sow seeds of discord, and contribute to disunity and confrontation. We respectfully request that you reconsider this direction so that the purpose of the WECC is not mooted from the outset.
The CJL respectfully requests a meeting with you, to discuss the concerns raised in this letter and to discuss appropriate leadership for the War and Economic Crimes Court. To this end, we have asked the UN Security Council, the Economic Community of West African States (ECOWAS), the Government of Ghana & the Federal Republic of Nigeria, and the Republic of South Africa to work with you on this important appointment.
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The CJL will not be able to accept Mr. Massaquoi as the leader of the WECC. We are greatly concerned that he will use such a position to protect powerful warlords and their associates. The victims of the Liberian Civil War deserve to be addressed under international law, with the same commitment and dedication demonstrated by similar tribunals elsewhere.
President Boakai, once again, we are grateful to you for your commitment to human rights in Liberia. We remain optimistic and confident that you will act steadfastly to address the concerns of the Liberian Human Rights Community.
Thank you for your time and kind consideration of this matter.
Sincerely Yours,
Charles Kwalonue Sunwabe Jr., M.A. Esquire
President, Coalition for Justice in Liberia
Phone: (202) 773-0633
