UN Security Council to Pass War Crimes Court Resolution?

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UN Security Council to Pass War Crimes Court Resolution?

–Liberian Lawyers Appeal; Says People are Powerless

IPNEWS – Monrovia: Following a recent decision of the Senate to reject the establishment of a War and Economic Crimes Court (WECC) for Liberia, one of leading groups advocating for the court setup, has taken another major step regarding its establishment for the country.

Despite calls from Liberians, human rights organizations, civil society groups as well an international partners for Liberia tackle impunity in relations to those who committed war crimes and crimes against humanity, the Plenary of the Senate Thursday, July 15, 2021 endorsed the recommendation of its leadership committee to set up a Transitional Justice Commission (TJC) as a response to the request of President George Weah to advise him on how his administration will proceed in handling the recommendations of the Truth and Reconciliation Commission (TRC).

According to reports from the Legislature, the Senate took a unanimous decision after taking inputs from individual Senators against the backdrop of the expert opinions garnered from the Solicitor General of Liberia, Cllr. Saymah Syrenius Cephus, the Liberian National Bar Association and other interested parties.

It is not clear whether senators representing the Collaborating Political Parties (CPP) supported or went against the endorsement but Senator Abraham Darius Dillon, who spoke after the plenary said that he did not support it because it was against the CPP stand on the recommendation of the TRC. The Political leader of the Liberty Party and Chairman of the CPP, Senator Nyonblee Karnga-Lawrence, as part of the Leadership Committee of the Senate had earlier rejected the recommendation by not appending her signature to the document.

In reaction to the Senate’s decision to reject the establishment of the WECC, the Liberia National Bar Association (LNBA) has appealed to the United Nations Security Council (UNSC) to pass a resolution establishing a War and Economic Crimes Court for Liberia.

The association’s President, Cllr. Tiawon Gongloe said the UN Security Council should set up a justice mechanism for Liberia, because people of Liberia are powerless in ensuring the establishment war and economic tribunal in the country.

Cllr. Gongloe spoke at a recent program to observe the International Justice Day organized by the Civil Society Human Rights Advocacy Platform of Liberia, in collaboration with the Office of the United Nations High Commission for Human Rights in Monrovia.

According to him, relying on the Liberian government will never yield in to the establishment of such court so the UNSC should pass the resolution and impose it on the state and the government

The Liberia National Bar Association’s President maintained that this is so because the Executive is dominating the other two branches of the government and it has been so over the years.

“It has been this way under the governments under William Tubman, Richard Tolbert, Samuel Doe, Charles Taylor and Ellen Johnson Sirleaf” If the Executive Mansion does not want something in the legislature and supreme court, it does not happen,” said the LNBA President.

Cllr. Gongloe noted: “President George Weah does not want War and Economic Crimes Court established in Liberia but if he wants it; because, there must be accountability for war, the next day , the Legislature will past it into law and allot the budget.”

The LNBA President added: “Liberian presidents have a divisional tactics because when he or she does not want to solve certain problem  based on public outcry , he or she sets up a committee or commission to deal with it but the out of the committee or commission will never be made public.” the LNBA President pointed out.

Cllr. Gongloe, who is former Solicitor General of Liberia, said this is one of the reasons he resigned from the Unity Party-led government because former President Ellen Johnson Sirleaf deviated from her political pronouncement, action and good governance.

“The worst thing she did,” he went on: “was to institutionalize bribery in the Legislature and currently, nothing go through the lawmakers without envelope.”

Cllr. Gongloe explained that the good things in the interest of the masses will be buried unless their pockets are full and it is an open secret that the President controls the Legislature and the Judiciary.

He noted that the international community is wondering whether the estimated 250,000 who were killed as a result of the war is not an issue to the lawmakers in Liberia.

Cllr. Gongloe expressed surprise that some of the lawmakers have relatives who were killed during the war but they do not care simply because greed for power. The counselor expressed skepticism on the lower House on passing a law establishing the war and economic court because the list on which the representatives affixed their signatures is also missing.

“I am of the opinion that the lower house will also agree with the Senate because there will be financial inducements and they have all fail us because the pedicle of governance is for the government to seek the interest of the governed,”  Cllr. Gongloe.

Also speaking at the International Justice Day program, former Commissioner of the Truth and Reconciliation Commission, Massa Washington said the Senators who voted in favor of the establishment of the Transition Justice Commission constitutes a betrayal of the trust of the people who voted for them

According to her, most of the disadvantaged adults who are on the streets are of the result of the war because their futures were snatched away. She claimed that whatever that has happened at the Senate is just a constitutional established institution doing what is illegal and she has lost respect for some of these senators.

Ms. Washington described the decision of the Senate to vote in favor of the establishment of the Transitional Justice Commission as fraud, bogus, illegal and a shame.

She called on Liberians to vote out those Senators who backed the TJC and their collaborators in any other elections because they do not care about the people or have any interest in the people they are representing

Ms. Washington maintained that the Truth and Reconciliation Commission was established on the act of the legislature following the recommendation of the Comprehensive Peace Agreement

On his part, the Executive Director of the Global Justice and Research Project, Hassan Bility, described the decision of the Senate as “a crime against justice and honesty in the country”; terming them as “hypocrites”.

According to him, the decision of the Senate is based on their desire to secure the votes from Nimba County during any presidential elections in the future.

Mr. Bility pointed out that the establishment of the Transitional Justice Commission is intended to derail what all that have been achieved by the Truth and Reconciliation Commission.

He pointed out that his organization will continue to mount pressure outside the country so that all of those suspected of war and economic crimes will be apprehended as long as they step in any country against international crimes.

The Liberian war crimes court campaigner noted that the United States Home Land Security is awaiting all those whose names have appeared in the TRC report and his organization will continue to remind them of these individuals.

It can be recalled that on Tuesday, June 22, 2021, the leadership on the Senate submitted a three-page document to Plenary, among others, advising the President to constitute a Transitional Justice Commission to determine why the TRC recommendations have not been timely and fully implemented; whether the Commission fully complied with its mandates, such as the face-to-face meeting between perpetrators of crimes and other offenses, and the respective victims.

It was also reported that the leadership advises that its proposed TJC should examine the effect of the August 2003 Act of the Legislature that grants amnesty to participants, including warlords; to analyze credibility and legitimacy issues surrounding the TRC Final Report in respect of the fact four (4) of the Commissioners had serious issues with the Report and consequently, two did sign the document but instead presented a dissenting report.

Information from the Senate said the leadership also counsels the President to examine ratification/accession of Liberia to the Rome Statute in 2004 after the civil war on the establishment of a war crimes court and to separate said court if established, that has an international dimension from an economic crimes court, which already exists in Liberia.

The leadership opined that the cardinal purpose for which the TRC was proposed by the Accra Comprehensive Peace Agreement was “to provide a forum that will address issues of impunity, as well as the opportunity for both the victims and perpetrators of human rights violations to share their experiences, in order to get a clear picture of the past to facilitate genuine healing and reconciliation.”

The agitation for the establishment of the war crime court has taken a center stage among the various demands for the government to attend to the recommendation of the TRC report in recent time. A number of rights groups and victims of the brutal civil war have been mounting pressure on the government and petitioning the international community to fast track the court, which according to them if established will put to pay impunity and closure after the carnage that took place in the country.

If President Weah goes ahead to accept the recommendation and implement it, that means setting up of the court will be a foregone issue and Liberians will embrace restorative justice as against retributive justice if the court is established.

It is however unclear how the agitators of the war will react to it as their zeal was recently bolstered with the Liberia National Bar Association preparing a draft of the proposal for the establishment of the court as well as the recent public hearing by the Human Rights Committee of the US Congress.

The establishment of the War and Economic Crimes Court for Liberia has become a daily song in the mouths of most Liberians who do not want impunity to be the order of the day in the county. For those Liberians people who bore the heaviest responsibilities of the 14-year Liberian civil war should and must account for the deeds to serve as deterrent.

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