In a blow to victims and survivors of the brutal 1990 St. Peter's Lutheran Church massacre in Liberia, the Ecowas Community Court of Justice has thrown out their case against the Liberian government. The court has ruled it lacks jurisdiction to hear their complaint which accused the Liberian government of dereliction of duty for failing to prosecute of those responsible for the mass murder.
More than 600 people, including men, women and children were shot and, in some cases, hacked to death allegedly by soldiers of the Armed Forces of Liberia more than 34 years ago during Liberia's first civil war, killings that drew the world's attention to Liberia's civil wars.
Four survivors and victims of the carnage, acting on behalf of the rest, had accused successive governments since the wars formally ended a little more than 21 years ago of neglecting their constitutional and moral obligation by refusing to act on the massacre. But after more than two years of legal wrangling before the court, including about a contention by the government through that the case does not fall within the scope of the court's mandate based on the legal principle of "non-retroactivity," the court has finally agreed with the government. The court was established in 1991, but only had jurisdiction to hear human rights cases in 2005. While acknowledging some of the concerns of the victims and survivors, including the fact "that continuous violation where established is internationally recognized as an exception to the principles of non-retroactivity," they did not meet the exception requirements.
"The 2005 Supplementary Protocol, while conferring jurisdiction on the court in matters of human rights, did not establish any possibility of its retroactive application," read
Justice Dupe Atoki of Nigeria on behalf of the 5-judge panel during the hearing held by zoom. "The court therefore cannot assume jurisdiction until it is satisfied that the alleged violation occurred during the existence of not only the court but the assumption of its human rights. The court therefore holds that its jurisdiction cannot be assumed retroactively."
"The court finds that the alleged continuous nature of the failure of the investigation not grounded on a substantive right over which the court can assume jurisdiction does not engender a retroactive application of its jurisdiction."
Lawyers for the victims and survivors have not immediately responded to the ruling.
Rulings of the Ecowas Court are final and binding on all member states, individuals and institutions. This means that Thursday's ruling can't be appealed before any other court. The ruling closes the door for what experts say would have been a case of immense legal significance, as efforts for Liberia's war and economic crimes courts get underway. No Liberian court has held anyone to account for atrocious crimes during any of Liberia's two civil wars, let alone the Lutheran Church massacre. But in 2022, the U.S. District Court for the Eastern District of Pennsylvania ordered Moses Thomas-- a former commander for the Special Anti-Terrorist Unit (satu), to pay $US84 million to victims of the massacare follwing a civil suit, but an angry Thomas dismissed the ruling. Satu was loyal to Samuel Doe, the Liberian President at the time of the massacre, who was being battled from office by forces of Charles Taylor, an ex-rebel leader who became president himself. Troops from Satu and the Liberian army were accused of committing the mass killings because they claimed the civilians, mainly of the Mano and Gio ethnic groups, who were being housed in the church, a Red Cross shelter, supported Taylor and his forces.
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Moses Wright, believed to be the commander of the army the oversaw the killings, is expected to go on trial in 2025 in the U.S. for perjury and criminal immigration fraud charges. U.S. prosecutors said he lied about witnessing or odering his troops to commit human rights violations. A Brigadier General of the army then, Wright was well respected and widely considered by many as one of the most important figures in Liberia at the time.
This story was a collaboration with New Narratives as part of the "Investigating Liberia" project. Funding was provided by the Swedish Embassy in Liberia. The funder had no say in the story's content.
