After more than twenty years of clamour, Liberia has taken a big step towards addressing the horrifying atrocities committed during its long civil wars. On May 2, 2024, President Joseph Boakai signed an executive order to officially establish the Office of War and Economic Crimes Court. This is a significant turning point for Liberia as it seeks justice and reconciliation. This historic move is in response to a resolution passed by Liberia’s parliament in April 2024, which strongly supported the creation of a special criminal tribunal. With the backing of the United Nations, this court will prosecute those who are deemed most responsible for war crimes and crimes against humanity that occurred during the brutal conflicts that ravaged Liberia from 1989 to 2003.
Despite overwhelming calls both nationally and internationally for accountability, Liberia had failed to prosecute anyone for the terrible human rights violations that took place during its back-to-back civil wars. This lack of action continued even after the Truth and Reconciliation Commission (TRC) released a detailed report in 2009, explicitly recommending the establishment of a war crimes tribunal. Previous administrations, including those led by Nobel Peace Prize winner Ellen Johnson Sirleaf and former football star George Weah, cited limited resources and security concerns as reasons for not taking action on the Truth and Reconciliations Commission’s (TRC) recommendations. As a result, a sense of impunity prevailed, with many alleged perpetrators holding influential positions in their communities and even rising to prominent political roles. One such figure is Senator Prince Y. Johnson, who gained notoriety for his involvement in a chilling video that showed him sipping beer while overseeing the brutal torture and execution of former President Samuel Doe in 1990. Initially an outspoken opponent of the war crimes court, Johnson eventually supported the parliamentary resolution that paved the way for its establishment.
While Liberia itself has yet to hold trials for the crimes committed during its civil wars, a few prosecutions have taken place abroad. Notable cases include the conviction of Mohammed Jabbateh, a rebel commander found guilty of horrific acts such as slicing open a pregnant woman to kill her unborn child, and Kunti Kamara, who was sentenced to life imprisonment in France for crimes against humanity involving systematic torture. However, the most high-profile conviction remains that of former Liberian President Charles Taylor, currently serving a 50-year sentence in the United Kingdom for war crimes committed in neighbouring Sierra Leone during the 1990s. Ironically, Taylor once campaigned with the slogan, “He killed my ma, he killed my pa, but I will vote for him anyway,” highlighting the prevalent culture of impunity that has plagued Liberia for a long time.
Despite the significance of the executive order, there are still many legal and logistical obstacles to overcome before the war crimes court can become operational. President Boakai’s directive establishes the Office of War and Economic Crimes Court, which will work towards creating a tribunal that follows international models used for similar war crimes trials. This office will also collaborate with international partners to secure funding for the court, which is crucial considering Liberia’s limited resources. Beth Van Schaack, the US envoy for global criminal justice, has expressed America’s willingness to provide financial support, but it depends on the court being appropriately established and having a solid framework. There is also uncertainty surrounding the court’s jurisdiction, the number of cases it will handle, and the timeframe for commencing proceedings. Many of the alleged perpetrators and their victims have passed away, which further complicates the pursuit of justice after such a long period.
The establishment of Liberia’s war crimes court is a game-changer for a country that is still dealing with the deep scars of its troubled past. For many victims and survivors who had lost hope of ever seeing justice, this development brings a glimmer of comfort and the possibility of closure. Adama Dempster, a human rights advocate who witnessed the horrors of child soldier recruitment and summary executions as a young student, perfectly captured the feelings of many Liberians when he said, “No one saw this coming.” His words highlight the immense importance of this initiative, which goes beyond legal proceedings and aims to foster healing and reconciliation on a national level.
Establishing the war crimes court marks a significant milestone but not without potential hurdles. It is crucial for Liberia’s leaders to stay steadfast in their commitment to this process and to resist any attempts at interference or obstruction from those with vested interests. At the same time, educating and involving Liberian citizens is vital, especially those in communities where alleged perpetrators hold sway. Building a broader understanding of the court’s purpose and the need for accountability will be critical in gaining public support and minimising potential backlash. Additionally, the country must consider providing reparations and comprehensive support services to the victims and survivors of the civil wars. Furthermore, neighbouring countries and regional bodies like the Economic Community of West African States (ECOWAS) can play a pivotal role by offering technical assistance, sharing best practices, and facilitating the extradition or transfer of accused individuals if necessary. This collaboration will help overcome logistical and legal obstacles while reinforcing the regional commitment to combating impunity and safeguarding human rights.
The establishment of Liberia’s war crimes court is a turning point in the nation’s tumultuous history. It offers hope for justice and reconciliation after years of impunity. Although there will undoubtedly be challenges on the path ahead, this endeavour stands as a testament to the resilience and determination of the Liberian people in confronting their past. It also serves as an avenue for forging a more just and peaceful future.
