–Defaults at UN General Assembly
A Backsliding Pres. Weah
IPNEWS: In 2004, Liberian international football icon (now President George Weah), prior to entering politics, served as the UNICEF Goodwill Ambassador and helped to champion and lead the disarmament, demobilization, rehabilitation and reintegration of former combatants of Liberia’s 14-year brutal civil war that took the lives of more than 250,000 people as estimated by local international groups.
In April 2004, Weah in his role as UNICEF’s Goodwill Ambassador, called for the formation of War Crimes Court for Liberia “to arrest and prosecute warlords for recruiting and arming children in Liberia.”
Weah at time said, “The tribunal when established, should be given the authority to identify, locate, arrest and prosecute all those who committed heinous crimes during the devastating and bloody war in the country.”
Addressing a news conference held at the UNICEF-Liberia headquarters in Monrovia on 23rd April 2004, he made specific reference to warlords who “forcibly recruited, trained and armed the Liberian children to participate in the 14-year arms conflict.”
“Those who armed the children and committed heinous crimes against them should be brought to book,” he said in 2004 at the news conference in Monrovia. Weah added that those to be prosecuted include “warlords and military commanders of the various belligerent groups who, for their own selfish gains, brought children into the conflict.”
How the Story Changed
Now as President of Liberia, Weah has repeatedly said while his priority remains reconciling and focusing on reconstruction rather than establishing War and Economic Crimes Court, he would leave it up to the Liberian people to decide. On that note, President Weah in September 2019 wrote the Legislature asking the body to advice on the way forward with regards to the establishment of the Court.
“I … do hereby call on the National Legislature to advise and provide guidance on all legislative and other necessary measures towards the implementation of the TRC (Truth and Reconciliation Commission) report, including the establishment of the Economic and War Crimes Court,” his September 12, 2019 letter to the Legislature states.
There has been no concrete action from the executive on this quest since then.
Nimba County Senator Prince Y. Johnson, known for the commission of some of the most heinous crimes during the war is a close political ally of President Weah. Many believe that President Weah’s shift of position on the formation of the Court is only intended to protect his few political allies who would be prosecuted when the Court is established.
Senator Johnson who vehemently resists the establishment of the Court provided Weah massive support in his vote-rich Nimba during the 2017 presidential and legislative elections.
The U.S. Embassy had to rebuke the Liberian Senate for electing Sen. Johnson to head the Senate Committee on National Security owing to his records of gross human rights abuses and war crimes. In the end, the Nimba County had to resign as Chair of the Committee.
Senator Johnson, and Grand Gedeh County Representative George Boley who is also a member of the House of Representatives, have expressed no regret for their activities during the war.
The irony of Mr. Johnson’s civil war atrocities is often based on his justification that Samuel Doe and his Armed Forces of Liberia (AFL) killed innocent citizens of Nimba. Thus, he and his men had to fight to defend the people of Nimba. However, a lot of those reportedly killed by Johnson and his INPFL rebel forces were civilians, and not combatants. More importantly, a lot – if not all of those victims were not involved in any atrocity against the citizens of Nimba. Some were reportedly arrested and executed in Monrovia by Johnson or his forces.
President Weah Reneges on Previous Promise at UNGA
In his second address to the United Nations General Assembly (UNGA) in September 2019, President George Weah reminded the delegates of his first speech at the UNGA in September 2018 in his first nine months as President of Liberia, where he indicated a preference for dialogue as a conflict-resolution mechanism in the wake of the mounting calls for the establishment of the War & Economic Crimes Court for Liberia for alleged perpetrators could be given a day in court to exonerate themselves from the allegations of war crimes and crimes against humanity, reportedly committed against innocent Liberians during the 14-year Liberian war.
President Weah said in September 2019 that his preference for dialogue as a conflict-resolution mechanism, was indicative of the fact that as a Government and People, they could focus their efforts on poverty-reduction, growth, and economic development, rather than on retribution.
However, the Liberian leader noted in 2019 at the UNGA that since his first address in 2018, there had been a rising chorus of voices from many quarters, calling for the establishment of an Economic and War Crimes Court. “These voices include not only thousands of war victims, but also some of the alleged perpetrators, who seem to wish to either clear their names or their conscience,” he noted in 2019. The President also stated then “Support for the establishment of the Court has also been voiced by many international organizations, as well as some of our international partners.”
In the 2019 UNGA address, President Weah said his government was at a loss to understand why the clamor for the establishment of the Court is now being made, almost a full decade it was first called for, and during which time no such pressure was brought to bear on the government that grew out of the Accra Peace Accord.
Nevertheless, he noted in 2019: “Our Government is a listening Administration, and we have been paying keen attention to the voices of our people. What I have discerned from their cries is that it is important to bring closure to the wounds from the 14 years of Liberia’s brutal civil war, and that we need to agree on a mechanism that would guarantee the sustenance of peace, stability, justice, and reconciliation, as well as enhance our prospects for economic recovery.”
“Considering the importance of this matter, I have already begun consultations with our National Legislature – the representatives of our people – and we intend to have a broader engagement with the Liberia Judicial System, and with our strategic International Partners and Organizations, in order to determine pertinent issues such as legal framework, timing, venue, and funding, among others.
That t is my hope that at the end of this consultative process, a National Consensus will evolve that will determine the pathway to resolving this issue. I therefore ask for your unflinching support, as we embark upon this important national endeavor,” the Liberia Chief Executive stated in September 2019 at the UNGA
The Liberian civil conflict came to an end when all parties and warring factions signed a Comprehensive Peace Agreement in Accra, Ghana, in August, 2003.
The Accord called for the establishment of a Truth and Reconciliation Commission (TRC), to provide a forum that would address issues of impunity, as well as an opportunity for both the victims and perpetrators of human rights violations to share their experiences, in order to facilitate genuine healing and reconciliation.
The TRC was duly established, concluded its hearings, and produced a final report in 2009. Among other things, the report called for the establishment of an extraordinary 6 criminal tribunal to prosecute those identified as having committed gross violations of human rights and economic crimes between 1979 and 2003.
It is important to note that the TRC report also recommended the use of a conflict-resolution mechanism that has been traditionally used in Liberia, called the “Palava Hut” mechanism, whereby, in various district meetings conducted by community elders, perpetrators could publicly request forgiveness from their victims, and where the aims of restorative justice could be served.
President Backs War Crimes Court – Lawmakers Should Act Now for Justice
In September 2019 President George Weah took a major step to bring justice for atrocities committed during Liberia’s civil wars by endorsing a War Crimes Court, 10 Liberian and international groups, including Advocates for Human Rights, Center for Justice and Accountability, Centre for Civil and Political Rights, CSO Human Rights Advocacy Platform of Liberia, Global Justice and Research Project, Human Rights Watch, Liberia Massacre Survivor Association, Search for Common Ground-Liberia, Transitional Justice Working Group, and the Secretariat for the Establishment of a War Crimes Court in Liberia disclosed to Liberians on that day. The legislature was expected to promptly establish a court in line with international human rights standards, drawing on relevant international support and expertise.
President Weah, in a letter to the Legislature dated September 12, 2019, wrote: “I … do hereby call on the National Legislature to advise and provide guidance on all legislative and other necessary measures towards the implementation of the TRC [Truth and Reconciliation Commission] report, including the establishment of the Economic and War Crimes Court.”
“President Weah’s support for a War Crimes Court is an important step for victims and for helping to ensure the violence that brought so much pain and loss to Liberia will not happen again,” said Adama Dempster at CSO Human Rights Advocacy Platform of Liberia and the Secretariat for the Establishment of a War Crimes Court in Liberia. “This decision benefits the victims, the country, and the rule of law in Liberia.”
During Liberia’s armed conflicts from 1989-96 and 1999-2003, Liberians suffered widespread violations of international human rights and humanitarian law such as mass killings, rape and other forms of sexual violence, summary executions, mutilation and torture, and use of child combatants.
The Truth and Reconciliation Commission (TRC), which operated between 2006 and 2009, recommended creating a war crimes court – the Extraordinary Criminal Court for Liberia – to try those responsible for grave crimes committed. Many of the TRC’s recommendations, including for the war crimes court, have never been carried out.
The few cases involving civil wars-era crimes have all occurred outside Liberia before United States and European courts. Authorities have been pursuing cases under the principle of universal jurisdiction, which allows national courts to try international crimes committed abroad, as well as for crimes related to immigration, such as lying on immigration forms.
“In the past few years we have made significant progress in cases abroad to try alleged perpetrators of Liberia’s wartime crimes,” said Hassan Bility at Global Justice and Research Project and the Secretariat for the Establishment of a War Crimes Court in Liberia. “But our people should have the chance to see justice at home. Liberia should work with the United Nations and other international partners to set up a court that can hold fair, credible trials.”
Liberians have held marches to campaign for a War Crimes Court, and petitioned the Legislature to carry out the Commission’s recommendations. Liberian, African, and international nongovernmental organizations have come together to campaign for justice in Liberia. In May 2019 several of the groups released a video appeal for the court, with statements from people of varied backgrounds who took part in a national conference on accountability in Monrovia in November.
The Liberian Bar Association added its support for a War Crimes Court in April. The Traditional Chiefs Council backed a War Crimes Court in early September. On September 6, the National Economic Dialogue, attended by 350 Liberians, including members of the government, political parties, youth, and civil society, recommended establishing the Court.
In July, Lawmakers attended a Legislative conference on accountability organized by local and international groups. The joint committee of Liberia’s House of Representatives then put forward a resolution backing the Court, which was immediately endorsed by nine lawmakers.
The groups urged the Legislature to move ahead with a law to establish the Court and request assistance from Liberia’s international partners in the effort, particularly the United Nations, as well as the European Union, African Union, United States, United Kingdom, Germany, and Sweden. There should also be greater involvement from nongovernmental organizations with expertise in war crimes courts.
Governments and international organizations have supported War Crimes Courts and developed expertise in recent decades in addressing challenges that often arise with them. Such expertise includes protection and support for witnesses and victims, security for judges and staff, assuring fair legal process, and educating the local population about the court.
“All eyes now turn to our national legislature,” said Aaron Weah in 2019 at Search for Common Ground-Liberia and the Secretariat for the Establishment of a War Crimes Court in Liberia. “Some victims have been waiting more than two decades. The legislature should move ahead to establish the court without delay.”
26 Lawmakers Sign Resolution for the War Crimes Court following President Weah’s Letter
In the same September of 2019, Twenty-six members of the House of Representatives signed a resolution calling for the establishment of War and Economic Crimes Court in Liberia.
The support from the lawmakers hit new heights in less than one week after President George Weah sent a communication to the Legislature seeking the body’s advice on the establishment of both a War and Economic Crimes Courts.
“As President of the Republic of Liberia, I am committed to a holistic implementation of the National Consensus (recommendations of the dialogue) and do hereby call on the National Legislature to advise and provide guidance on all legislative and other necessary measures towards the implementation of the TRC report, including the establishment of war and economic crime courts,” wrote President Weah in a letter to the legislature sent on Thursday September 12.
Prior to Weah’s letter, only 11 representatives had signed the resolution, among them were four lawmakers who are leading the advocacy in the House. That means 17 additional lawmakers signed the document since it was introduced barely two months after it was first introduced.
Representative Thomas Goshua of District #5, Grand Bassa County said “there’s now relief for many Liberians since the President sent the communication to us.”
Goshua claimed the letter is caused lawmakers from “the ruling parting who were opposing the courts to have a rethink.” “A couple of them have been hiding and saying that the President has not come out full to back what we were doing and because of their party politicking, they have been a little bit quiet,” he said.
Rustonlyn Dennis, Chair of the House’s Committee on Claims and Petition, who was one of the first backers of the resolution, said the President’s letter has “removed the dark cloud over their advocacy.” She disclosed that additional 15 persons have also expressed interest in signing the resolution.
What Was Then Next?
With that number, those in favor of the resolution would have pushed have up to 41 of 73 representatives. Backers of the resolution will need a two-thirds majority during a working session before it can be moved to the Senate. At the Senate it would also need a two-thirds majority votes of 30 Senators to be sent to the President for signing into law.
For now, Rep Dennis says President Weah’s letter is a “fast track endorsement of the process” which leads the resolution becoming a law, she stated in 2019.
If the resolution which is still at the House of Representatives passes, it means a bill for the court drafted by the Liberian National Bar Association will not pass through that long, formal legislative process. “I can assure you that if the communication is being put on the floor today, it will be debated and the work we have done in terms of the resolution will be endorsed,” she said in 2019.
“The resolution is only a strong statement that tells the President and the rest of the world that we are ready for the War and Economic Crimes Court,” Rep. Dennis stressed in 2019. “We do have a Draft Bill and we’re working with the Bar Association and we will now admonish the Executive that we all work along with the lawyers to augment the Draft Bill,” Dennis averred.
Representative Hanson Kiazolu of District #17, Montserrado County, who is a member of the former ruling Unity Party, has been advocating alongside Dennis and other colleagues. He sees the President’s letter as a breakthrough.
“What the President has done is also good because there have been a lack of political will and now that he has written, all we have to do now is do small editing to the resolution we already have by soliciting more signatures and tell the President yes, the Liberian people have spoken through their representatives and let’s establish the courts,” stated Kiazolu in 2019.
Thousands Dead but No Prosecutions – Why Liberia Has Not Acted Despite Int’l Goodwill
Tales of atrocities dominate accounts of Liberia’s years of civil war but not a single person has been tried for War Crimes in the country’s courts, the BBC reported in February 2021.
This is despite the estimated 250,000 dead – amounting to around 8% of the population at the time – and survivors willing to testify about the conflicts from 1989 to 1997 and 1999 to 2003.
- Liberia endured two bouts of brutal fighting in 1989-1997 and 1999-2003
- Charles Taylor led an uprising against President Samuel Doe, who himself had taken power in a coup in 1980
- Doe was executed in 1990 by a rebel group led by Prince Johnson
- Some 250,000 people were killed in the fighting overall
- Thousands more were mutilated and raped
- Taylor was elected president in 1997 after a peace deal
- The war was reignited in 1999 when two new rebel groups emerged
- Taylor stepped down and went into exile ahead of a peace deal in 2003
‘Why a War Crimes Court Now?’
The current government, under President George Weah, who unsuccessfully ran against Mrs. Johnson-Sirleaf in 2005, has given mixed messages on a War Crimes Court.
In 2019, he wrote to parliament to say that it should advise and provide guidance on the legislation needed to implement the TRC’s recommendations.
But later that year he told journalists that “since we came to power in 2018, I have not one day called for a war crimes court. Why now? When we have economic issues, we’re trying to develop our country, why focus on a war crimes court now?”
When contacted by the BBC, Information Minister Ledgerhood Rennie said “any decision of a War Crimes Court is one that would emanate from the Liberian people through their representatives in the Legislature”. But there does not seem to have been any progress.
Rather than waiting, some activists, including the Switzerland-based group Civitas Maxima that works with Liberians and provides information to the authorities, have tried to find alternative routes to justice in foreign courts, hence the Finnish trial of former Sierra Leone warlord Gibril Massaquoi who it was alleged committed atrocities in Liberia during the country’s civil war.
In the US, ex-warlord Mohammed “Jungle Jabbah” Jabateh was jailed in 2017 for 30 years convicted of immigration fraud for lying about his past as a leader of a force that carried out multiple murders and acts of cannibalism.
Thomas Woewiyu, who had founded the NPFL along with Charles Taylor, was also convicted in the US of immigration fraud in 2018, but died before sentencing.
Taylor’s son, “Chuckie” Taylor, was tried as an American citizen in a US court and sentenced to 97 years in 2009 for torturing and killing people while he was the head of Liberia’s anti-terrorist services.
Taylor himself is in prison, but he was sentenced in connection with crimes relating to the conflict in neighbouring Sierra Leone.
And Alieu Kosiah – a former commander of a rebel group that fought Charles Taylor’s NPFL – went on trial in 2020 in Switzerland.
Mr Massaquoi – who is Sierra Leonean – had given evidence to the UN-backed Special Court for Sierra Leone set up to investigate War Crimes committed in that conflict. He was relocated to Finland in 2008 as part of a witness protection programme, which provided immunity for crimes committed in Sierra Leone, but not in Liberia. The two conflicts were intertwined.
There are some Liberians for whom the memories of the fighting are too traumatic and they would rather not look back. According to the BBC, Godfrey Konnah, now 40, lost his leg after shrapnel from a grenade explosion hit him as he was going out to buy bread in Monrovia.
“I don’t like to talk about the war, I don’t like to think about it,” he says. “I have moved on, whether they bring War Crimes Court or not, I am fine. What God wants to happen would happen.”
But Cllr. Dempster Brown, who has campaigned for a court, believes that its establishment would give victims hope that their concerns could be addressed. He adds that the money would come once the political will was there.
What Mr Massaquoi’s trial might do is reignite the discussions in the country about finally finding justice for the hundreds of thousands of victims.
U.S. Congressional Bipartisan Caucus on Human Rights Held Special Hearing on Establishing War and Economic Crimes Court in Liberia
In June 2021, while several proposals calling for the establishment of War and Economic Crimes Court for Liberia was dangling at the Capitol in Monrovia for years, Congress in Washington took on the case of the hundreds of thousands of victims yearning for justice for the heinous atrocities meted and their loved ones during the 14 years of senseless war.
The Tom Lantos Human Rights Commission, a bipartisan caucus of the United States House of Representatives, heard a proposal for the establishment of a War and Economic Crimes Court for Liberia.
The Congressional Human Rights Caucus promotes, defends and advocates internationally recognized human rights norms in a nonpartisan manner, both within and outside of Congress, as enshrined in the Universal Declaration of Human Rights and other relevant human rights instruments.
The Caucus noted that President George Weah who had been equivocal with regards to the establishment of the court prior to becoming President of Liberia is now backsliding in his commitment and previous position on the establishment of the war and economic crimes court.
On its website the Tom Lantos Human Rights Commission stated, “For the past few decades, Liberia’s people have suffered untold human rights violations while perpetrators acted with near-complete impunity during the country’s multiple civil wars. Between 1989 and 2003, 250,000 Liberians died from the fighting, and thousands more were conscripted as child soldiers, raped, suffered loss of limb, and other traumatic experiences. Since that time, not a single war crimes trial has occurred in Liberia as part of the country’s judicial process.
“The hearing will examine the legacy of Liberia’s civil wars on its people and economy, the structure and likely policy implications of a proposed War Crimes & Economic Crimes Court for Liberia, and grassroots efforts to secure rule of law in the country and meet victims’ needs.”
TRC Ignored
Despite the Truth and Reconciliation Commission’s conclusions that atrocity crimes and serious violations of international law were committed, the Liberian government continues to waver over the creation of a recommended war crimes court to hold perpetrators to account. Some see an accountability mechanism as an essential step for Liberia to heal from the wounds of the past and to address Liberia’s culture of impunity. Others, however, worry that a court will reignite old tensions, that it could be misused for political purposes, and that it would be too costly given Liberia’s struggling economy.
The Truth and Reconciliation Commission (TRC), which operated between 2006 and 2009, recommended creating a War Crimes Court – the Extraordinary Criminal Court for Liberia – to try those responsible for grave crimes committed. Many of the TRC’s recommendations, including for the War Crimes Court, have never been carried out.
The recommendations were immediately mired in political controversy. Among those who were supposed to be barred was Mrs. Ellen Johnson Sirleaf herself because of a past connection with one-time rebel leader and former President Charles Taylor.
She had admitted that she had donated money for a relief operation that ended up in Taylor’s hands and had apologized at the commission – but she did not step down.
She was not the only one, and some remain in office today. There were others in positions of authority who were identified for prosecution – including two lawmakers who still sit in parliament.
“The TRC recommendations had political implications for those in government,” Liberian researcher into transitional justice Tennen Dalieh Tehougue was quoted by the BBC as saying. “A logical reason why they didn’t sign off on a war and economic crimes court, or other measures, is that it would have affected them.”
She also thinks that the TRC was a missed opportunity because “it did not provide a platform for truth telling and remorse from most of the major actors in the war. Most of them justified their actions before the tribunal’s hearings.”
However, the few cases involving civil wars-era crimes have all occurred outside Liberia before United States and European courts. Authorities have been pursuing cases under the principle of universal jurisdiction, which allows national courts to try international crimes committed abroad, as well as for crimes related to immigration, such as lying on immigration forms.
Several Calls for War Crimes Court
Over the last years since the Weah’s government ascendancy, both political actors, civil society activists and human rights defenders have been mounting calls for the establishment of War and Economic Crimes Court for Liberia. But that call has fallen on duck’s back.
Senate Wants Pres. Weah Set up Transitional Justice Commission to Analyze TRC Recommendations and Issues of War Crimes Court
In June 2021, the Senate of the Liberian legislature advised President George Weah to set up a Transitional Justice Commission (TJC) that would analyze and investigate the findings of the final report of the Truth and Reconciliation Commission (TRC) amid diverse public opinion on whether or not to implement the recommendations of the report and the establishment of War and Economic Crimes Court.
In the past years, and since the sitting of the 54th Legislature and inauguration of President George Weah, there have been debates on how to proceed with the implementation of the TRC Report. One group has been calling for the establishment of a War and Economic Crimes Court to prosecute those who committed heinous crimes during the civil crisis while on the other hand, another group of Liberians are calling for a Palava hut mechanism through which the perpetrators and victims will be brought face-to-face.
The TRC report contains major findings on the root causes of the conflict, the impact of the conflict on women, children and the generality of the Liberian society; responsibility for the massive commission of Gross Human Rights Violations (GHRV), and violations of International Humanitarian Law (IHL), International Human Rights Law (IHRL) as well as Egregious Domestic Law Violations (EDLV).
On September 12, 2019, President George Weah wrote the Senate requesting the body to advice on how to proceed with the implementation of the report of the TRC.
The leadership of the Liberian Senate stated that it reviewed the request of President Weah under the framework and scope: Review of the Accra Comprehensive Peace Agreement (ACPA), signed by all warring factions and political parties on August 12, 2003.
The Accra Comprehensive Agreement’s cardinal purpose was to provide a forum that will address issues of impunity, as well as an 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 Senate’s review of the President’s request also took into consideration the Act Establishing the TRC; Steps taken by Ellen Johnson Sirleaf Administration of the TRC; An Act of Legislature granting amnesty to all participants of the civil crisis and criminal liabilities and responsibilities; Supreme Court Opinion on some of the issues arising for the TRC; review of some international precedents regarding transitional justice such as South Africa model and the Sierra Leonean civil conflict.
Other yard stick used by the Senate include dissenting report filed by some of the Commissioners of the TRC, and issues of whether restorative justice or retributive justice should be meted out to perpetrators of crimes during the course of Liberia’s civil crisis.
The Senate noted that the TRC Report in Section 43 indicates that “The TRC shall submit a final report containing recommendations at the end of its tenure to the National Legislature” for the purpose of review to ensure there was no biases and conflict with provisions of the Liberian Constitution and statues and to have the people’s representatives in the healing, reconciliation and accountability process.
The Recommendations
The Senate’s recommendations to President Weah include:
The establishment of a Transitional Justice Commission (TJC) to:
Determine why the TRC Recommendations have not been fully and timely implemented; To determine whether the TRC fully complied with its mandate, such as face-to-face meeting between perpetrators of crimes and other offenses and their respective victims; To examine the effect of the August 2003 Act of Legislature which granted general amnesty to all participants of the civil crisis; To analyze credibility/legitimacy issues surrounding the Final Report of the TRC in respect of the fact that four of the Commissioners had serious issues with the Report and consequently, two of the Commissioners did not sign the Final Report, but instead presented a dissenting report; To examine the effect of the ratification/accession of Liberia to the Rome Statute in 2004 (after the end of the civil crisis) on the establishment of a war crimes court; To consider the separation of the establishment of war crimes court which has international dimension from the establishment of an economic crimes court which already exists within the Liberia’s Judiciary and for which prosecution can take place using domestic law; To consider the effect of the constitutional and other legal implications of prosecuting war crimes at a war crimes court when domestic laws and criminal court for the same offenses exists and to also consider the constitutional implementations of appeals from the decision from a war crimes court, as the Constitution provides that the Supreme Court is the final arbiter of all legal proceedings and every person has absolute and unfettered right of appeal to the Supreme Court; To review the work and recommendations of the TRC, where necessary, and make additional recommendations when necessary such as how far back in Liberia’s history should the transitional justice process go; and To plan and implement programs and activities to solicit the opinion of the majority of Liberians on the issue of retributive justice versus restorative justice (war crimes court, South African style truth and reconciliation commission, etc.).
The Senate also recommended that the Transitional Justice Commission establishment should be enacted into law.
The Senate’s leadership further recommended that the President should without delay continue the National Palava Hut Program, an accountability and traditional dispute resolution mechanism, to foster healing and reconciliation within communities across the country.
The recommendations also called on the Liberian government to establish a Reparation Trust Fund. This would be used for restoring victims and communities worst affected by the conflict. It will help provide psychosocial relief for victims suffering from psychosocial and physical scars of the war, and other community-based reparation programs as indicated in the TRC Report.
The President is also advised to, in line with the TRC Recommendation, offer an official apology on behalf of the state to the thousands of victims and the Liberian people in general for its role in the long conflict and for the injuries and losses suffered by individuals and communities as consequences of the civil crisis.
President Weah Assures Senate of Acting on TRC Recommendations for Establishment of Transitional Justice Commission
In August 2021, President George Weah assured the Liberia Senate that his government would give timely and due considerations to the recommendations regarding the full implementation of the Truth and Reconciliation Commission (TRC) Report.
President Weah communicated with the Senate by expressing his appreciation to the august body for taking the time to deliberate on the TRC Report.
In his communication to the Senate, President Weah said, “I have taken due note of the advisement contained in the comprehensive report of the Honorable Senate aimed at bringing to closure the issues of reconciliation and justice arising from the Liberian Civil Conflict”.
“I would like to assure you that I shall give these recommendations timely and due considerations.”
It can be recalled in September 2019, President Weah officially communicated with the Senate to seek advice from the August Body with respect to the recommendations of the Truth and Reconciliation Commission Report, the matter was subsequently forwarded to the Senate’s Leadership.
During the Legislative proceedings, the Liberian Senate took weeks to debate the Leadership report and at the same time invited key stakeholders to seek their expert opinions on the Report for onward actions by Plenary.
Key amongst the experts invited were, representatives from the Liberian National Bar Association, the Press Union of Liberia, the Solicitor General of Liberia, as well as Civil Society and Justice Actors.
The Liberian Senate in its final report advised President George Weah to set up what it calls a “Transitional Justice Commission (TJC)” that would analyze and investigate the findings of the final report of the Truth and Reconciliation Commission (TRC) amidst diverse public opinion on whether or not to implement the recommendations of the report and the establishment of War and Economic Crimes Court.
In the wake of the Senate recommendations, there have been no reports whether the House of Representatives reached a final conclusion on the Report that was also sent to them by the President for advice.
President Weah Defaults at UN General Assembly ‘2022 on Update for War & Economic Crimes Court for Liberia
And so on Thursday, September 22, 2022, when President George Weah mounted the podium to physically deliver his speech to the UN General Assembly, Liberians at home and abroad, as well as those who have been advocating for the establishment of War and Economic Crimes Court for Liberia were eager to hear update as to the status of the Court.
In his address to the UNGA, Pres. Weah has rallied the UNGA to confront the challenges of climate change and global warming. He stated climate change and global warming require immediate and collective global action, including the United Nations as an integral part of this looming challenge.
The Liberian leader noted in so doing, “we must give special consideration to the needs of developing countries, particularly, the Least Developed Countries; in line with the Doha Program of Action for Least Developed Countries for the Decade; 2022-2031.”
Working together with the United Nations family, President Weah stated that Liberia commits to protecting the planet, promoting peace, preventing conflicts, ensuring sustainable financing, and boosting partnerships.
He pointed out that this commitment “is reflected in the Pro-Poor Agenda for Prosperity and Development which embodies the expression of Liberia’s shared determination to achieve peace, prosperity, and national development; address extreme poverty, inequalities, regional disparities, infrastructure deficits, climate change, and equitable distribution of our national wealth.”
But in anticipation that President Weah would have given an update on the latest situation regarding the establishment of a War and Economic Crimes for Liberia, the Liberian leader defaulted as he said nothing at all concerning the much-heralded court.
Despite telling the UNGA that Democracy in Liberia continues to grow from strength to strength, but what he failed to note is that in democratic environment victims of alleged crimes are given justice, thus his failure the measure any steps his administration is taking to muster the political will to establish the War and Economic Crimes Court for Liberia for victims of the 14-year Liberian civil war.
According to the President, after many years of civil upheaval, Liberia is becoming a stronghold of peace and a safe haven for democracy. “This is because we have taken actions in the last few years to build and strengthen democratic institutions, such as the press and the Liberian Judiciary. We have put forward new legislation that empower the media, while eradicating those that have tended to suppress free speech. I am proud to say that, from the beginning of my Administration to date, there is no political prisoner in Liberia,” Mr. Weah stated.
For victims of the Liberian brutal civil war, while the country enjoys freedom of speech and reported strengthening of the judiciary, the Weah-led government has done nothing tangible to bring to full closure by establishing the War and Economic Crimes Court for Liberia, so that what he (Weah as UNICEF Goodwill Ambassador) said in April 2004 that perpetrators war crimes and crimes against humanity in the Liberia should be prosecuted must not go in vain now that he is President of Liberia and must muster the political will to do what is right in this regard.
In April 2004, Weah in his role as UNICEF’s Goodwill Ambassador, called for the formation of War Crimes Court for Liberia “to arrest and prosecute warlords for recruiting and arming children in Liberia.”
Weah at time said, “The tribunal when established, should be given the authority to identify, locate, arrest and prosecute all those who committed heinous crimes during the devastating and bloody war in the country.”
Addressing a news conference held at the UNICEF-Liberia headquarters in Monrovia on 23 April 2004, he made specific reference to warlords who “forcibly recruited, trained and armed the Liberian children to participate in the 14-year arms conflict.”
“Those who armed the children and committed heinous crimes against them should be brought to book,” he said in 2004 at the news conference in Monrovia. Weah added that those to be prosecuted include “warlords and military commanders of the various belligerent groups who, for their own selfish gains, brought children into the conflict.”
Meanwhile, political pundits say it is not late as President Weah can still muster the political courage to seek international assistance for the establishment of the War and Economic Crimes Court for Liberia, so that the victims and the perpetrators of war crimes and crimes against humanity as well economic crimes, by pillaging the country’s resources during the war can all have their day in court to get justice. Time is ticking and pundits are keenly watching.