IPNEWS: US Ambassador-at-Large for Global Criminal Justice Beth Van Schaack is scheduled to visit Liberia on today, Thursday, October 6, 2022.

According to a press release on the itinerary of Ambassador Van Schaack, is scheduled to meet top-level government actors in the rule of law sector, the legislature, and the executive.

A Human Rights Watch (HRW) press release says the groups are Advocates for Human Rights, Center for Justice and Accountability, Civitas Maxima, Civil Society Human Rights Advocacy Platform of Liberia, Global Justice and Research Project, Human Rights Watch, the Secretariat for the Establishment of a War Crimes Court in Liberia, and Transitional Justice Working Group in Liberia.

Liberia has not prosecuted anyone for the grave crimes committed during its two armed conflicts and has yet to establish a war crimes court that the country’s Truth and Reconciliation Commission recommended in 2009. Judicial authorities in the United States, Belgium, France, Finland, Switzerland, and the United Kingdom have pursued criminal cases related to Liberia’s civil wars in recent years, often spurred by civil society efforts.

“The Liberian people have waited too long for justice and accountability for abuses suffered during the civil wars,” said Adama Dempster of the Civil Society Human Rights Advocacy Platform of Liberia and the Secretariat for the Establishment of a War Crimes Court in Liberia. “The US government has the opportunity to stand with victims of atrocities committed in Liberia’s civil wars by assisting Liberia in establishing a war crimes court.”

During the armed conflicts from 1989-1996 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 the use of child combatants.

The US government has played a pivotal role in fostering accountability in West Africa, including in the landmark trials of former Liberian President Charles Taylor by the Sierra Leone Special Court and of the former Chadian President Hissène Habré in Senegal that should be replicated in Liberia, the groups said.

Criminal accountability for civil wars-era atrocities has widespread support in Liberia, the groups said. Individuals, families of the victims, and activists have marched in the streets of Monrovia multiple times in recent years calling for accountability and demanding the creation of a war crimes court.

The Liberian Bar Association added its support for a war crimes court in April 2019. The Traditional Chiefs Council and the National Economic Dialogue, attended by 350 Liberians, including members of the government, political parties, youth, and civil society, backed establishment of a war crimes court in September 2019. In addition, more than 50 members of Liberia’s House of Representatives have endorsed a resolution backing a war crimes court for Liberia.

“Accountability for Liberia’s past crimes has been limited to cases abroad,” said Hassan Bility of the Global Justice and Research Project and the Secretariat for the Establishment of a War Crimes Court in Liberia. “Liberia needs a dedicated War Crimes Court so that victims have greater access to justice for the crimes committed against them and a fuller scope of perpetrators can be held to account.”

A Backsliding Pres. Weah

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.

Former int’l football icon George Weah as UNICEF’s Goodwill Ambassador in 2004 called for War Crimes Court for Liberia

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.

Rep. George Boley (former LPC rebel leader) and Sen. Prince Johnson (former INPFL rebel leader)

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 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.

Will the Visit of US Global War Crimes Ambassador to Liberia Change the Dynamics?

With reports of the United States Ambassador-at-Large for Global Criminal Justice Beth Van Schaack coming to Liberia on  today, Thursday, October 6, 2022, political pundits are wondering whether the dynamics relating to the establishment of the War and Economic Crimes Court for Liberia will change

According to Human Rights Watch, ahead of Schaack’s visit, eight Liberian and international organizations have called on the United States government to stand with victims of civil wars-era crimes in Liberia by signaling its support for a war crimes court to deliver justice and to foster durable peace and stability in the country.

The groups are Advocates for Human Rights, Center for Justice and Accountability, Civitas Maxima, Civil Society Human Rights Advocacy Platform of Liberia, Global Justice and Research Project, Human Rights Watch, the Secretariat for the Establishment of a War Crimes Court in Liberia, and Transitional Justice Working Group in Liberia.

Liberia has not prosecuted anyone for the grave crimes committed during its two armed conflicts and has yet to establish a war crimes court that the country’s Truth and Reconciliation Commission recommended in 2009. Judicial authorities in the United States, Belgium, France, Finland, Switzerland, and the United Kingdom have pursued criminal cases related to Liberia’s civil wars in recent years, often spurred by civil society efforts.

“The Liberian people have waited too long for justice and accountability for abuses suffered during the civil wars,” said Adama Dempster of the Civil Society Human Rights Advocacy Platform of Liberia and the Secretariat for the Establishment of a War Crimes Court in Liberia. “The US government has the opportunity to stand with victims of atrocities committed in Liberia’s civil wars by assisting Liberia in establishing a war crimes court.”

During the armed conflicts from 1989-1996 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 the use of child combatants.

The US government has played a pivotal role in fostering accountability in West Africa, including in the landmark trials of former Liberian President Charles Taylor by the Sierra Leone Special Court and of the former Chadian President Hissène Habré in Senegal that should be replicated in Liberia, the groups said.

Criminal accountability for civil wars-era atrocities has widespread support in Liberia, the groups said. Individuals, families of the victims, and activists have marched in the streets of Monrovia multiple times in recent years calling for accountability and demanding the creation of a war crimes court.

The Liberian Bar Association added its support for a war crimes court in April 2019. The Traditional Chiefs Council and the National Economic Dialogue, attended by 350 Liberians, including members of the government, political parties, youth, and civil society, backed establishment of a war crimes court in September 2019. In addition, more than 50 members of Liberia’s House of Representatives have endorsed a resolution backing a war crimes court for Liberia.

“Accountability for Liberia’s past crimes has been limited to cases abroad,” said Hassan Bility of the Global Justice and Research Project and the Secretariat for the Establishment of a War Crimes Court in Liberia. “Liberia needs a dedicated war crimes court so that victims have greater access to justice for the crimes committed against them and a fuller scope of perpetrators can be held to account.”