Liberian President Signs Executive Order to Establish War and Economic Crimes Court.
On May 2, 2024, Liberian President Joseph Nyuma Boakai, Sr., signed Executive Order #131, creating the Office of the War and Economic Crimes Court for Liberia. This decision follows increasing calls, including from the legislature, for justice regarding war crimes and human rights violations committed during Liberia’s civil wars, which officially ended in 2003 but left a legacy of impunity.
The Liberia Truth and Reconciliation Commission (TRC) had recommended a hybrid “Extraordinary Criminal Court” composed of both Liberian and international judges, prosecutors, and staff to prosecute individuals accused of war crimes, crimes against humanity, and serious violations of international humanitarian law during the period from January 1979 to October 2003.
Executive Order #131 mandates the appointment of an executive director to work as a local and international envoy toward establishing the Special War Crimes Court for Liberia (SWCCL). The executive director will conduct research and select a model for the international tribunal, including its jurisdiction and location.
Critics, including former warlords, members of the legislature with wartime involvement, ex-rebel generals, and former President Ellen Johnson Sirleaf, argue that this move will reopen old wounds and believe that Liberians should move on. However, President Boakai contends that the wounds are still open and that the court would facilitate real healing instead of prolonging the pain.
Critics’ comments often come from individuals who might face charges due to their roles in the civil wars. Human rights experts suggest that criminal trials for atrocities can deter future violations, providing a long-term benefit that outweighs short-term risks.
As the new office takes shape, logistical, procedural, personnel, and cost issues remain up for debate. A broader history of war crimes tribunals can provide insights into how accountability efforts have worked in various contexts and the precedents they have set.
History of International Tribunals for Atrocities:
On May 25, 1993, the United Nations Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY), which served as a precedent for hybrid tribunals. The ICTY’s mandate ended in 2017, but its offshoot, the Bosnian War Crimes Chambers (BWCC), continued to facilitate reconciliation in Bosnia-Herzegovina through domestic prosecutions with international assistance.
The Security Council also established the International Criminal Tribunal for Rwanda (ICTR) in response to the 1994 genocide. The ICTR was the first internationalized tribunal in Sub-Saharan Africa, operating independently with trial judges, a registry system, and administrative staff.
Unlike the ICTY, Rwanda created a parallel reconciliation process called “Gacaca,” blending traditional community justice with modern transitional justice procedures. Although celebrated for grassroots engagement, Gacaca faced criticism for political manipulation and inadequate due process.
Hybrid Tribunals:
Since the 1990s, hybrid courts have been used in post-conflict environments, combining international and domestic law. Examples include Bosnia, Cambodia, Timor-Leste, Kosovo, the Central African Republic, and Sierra Leone.
The Special Court for Sierra Leone (SCSL), established in 2002, addressed atrocities from the Sierra Leonean civil war and serves as an important example for Liberia. The SCSL, created through a bilateral agreement between the U.N. and Sierra Leone, had jurisdiction over crimes violating international humanitarian law and specific Sierra Leonean laws. It tried 23 individuals and completed proceedings against all but one.
Expensive Justice:
War crimes trials are costly. The Yugoslavia Tribunal’s annual budget reached $1 billion by its tenth year, and the Rwanda Tribunal’s budget ranged between $10-15 million annually by its tenth year. Hybrid tribunals also incur high costs. For example, the Bosnian War Crimes Chamber required approximately $709,000 per accused.
Liberia’s TRC recommended investigating and prosecuting 120 individuals, which would require substantial financial and technical resources from outside Liberia.
Opposition and Political Considerations:
Despite renewed enthusiasm for the SWCCL, there is significant opposition. Key figures named in the TRC’s report for possible prosecution have since gained political power in Liberia. Former President Ellen Johnson Sirleaf opposes the court, advocating for a traditional healing model like Rwanda’s Gacaca. Senator Prince Y. Johnson, a prominent wartime figure, warns that a war crimes court could bring “trouble” back to Liberia.
Public opinion in Liberia appears divided, with some fearing that prosecutions could undermine the country’s relative peace. President Boakai will need to ensure that the court provides due process and builds political will among leaders and supporters.
Structure of the Extraordinary Criminal Court for Liberia:
The TRC’s final report proposed a draft statute for the SWCCL, suggesting eight judges in two chambers, with appointments made by the Liberian president and international actors. The prosecutor’s office would include both Liberian and international staff, and the registrar would be a foreign national appointed by the judges.
International experts have raised concerns about potential political interference, suggesting that the president’s appointment of the chief prosecutor might require legislative approval.
The creation of the Extraordinary Criminal Court for Liberia (ECCL) presents a crucial opportunity for the nation to address its legacy of conflict and impunity. The success of this initiative will depend on careful planning, political will, and international support.
International Support and Funding:
Given the high costs associated with war crimes tribunals, Liberia will need substantial financial and technical assistance from the international community. The ECCL’s budget will likely require contributions from U.N. member states, private donors, and international organizations committed to justice and human rights. Previous hybrid tribunals, such as the Special Court for Sierra Leone, relied on voluntary contributions from interested states, highlighting the need for a similar funding model for Liberia.
Ensuring Fairness and Transparency:
To gain legitimacy and public trust, the ECCL must operate with the highest standards of fairness and transparency. This includes ensuring due process for all accused individuals and safeguarding against political manipulation. The appointment of judges and prosecutors should be free from political interference, with mechanisms in place to address any concerns about impartiality.
Security Considerations:
Security will be a significant concern for the ECCL, particularly given the potential for high-profile defendants and politically sensitive cases. The court will need robust measures to protect judges, prosecutors, witnesses, and other personnel. Drawing on the experiences of other tribunals, the ECCL should establish secure facilities and protocols to ensure the safety of all involved.
Public Engagement and Education:
Public support will be crucial for the ECCL’s success. The government and its international partners must engage with the Liberian public to explain the court’s purpose, procedures, and benefits. Educational campaigns and community outreach programs can help to build understanding and support for the tribunal, addressing concerns and misconceptions about its role.
Learning from Past Tribunals:
The experiences of other hybrid tribunals offer valuable lessons for Liberia. For instance, the SCSL demonstrated the importance of having a clear and objective prosecution strategy to avoid perceptions of bias. Similarly, the integration of local and international staff in the ECCL can help balance international standards with local context and knowledge.
Addressing the Broader Context of Justice and Reconciliation:
While the ECCL focuses on prosecuting serious crimes, it should be part of a broader strategy for justice and reconciliation in Liberia. Complementary measures, such as truth-telling processes, reparations for victims, and institutional reforms, can help to address the root causes of conflict and build a more just and peaceful society. The TRC’s recommendations should be revisited to ensure a comprehensive approach to transitional justice.
Moving Forward:
The establishment of the ECCL represents a significant step towards justice and reconciliation in Liberia. By learning from the successes and challenges of past tribunals, Liberia can create a court that delivers justice for victims, deters future violations, and contributes to long-term peace and stability. The international community’s support will be essential in this endeavor, providing the necessary resources and expertise to ensure the court’s effectiveness.
As Liberia embarks on this journey, the ECCL can serve as a model for other post-conflict societies seeking to address legacies of violence and impunity. Through careful planning, collaboration, and a commitment to justice, Liberia has the opportunity to pave the way for a brighter and more peaceful future.
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