– Issues Executive Order # 131 establishing office of WECC
On Thursday, May 2, 2024, President Joseph Nyuma Boakai, Sr., signed Executive Order #131, an order that establishes the Office of a War and Economic Crimes Court for Liberia.
According to International Statistics, Liberia’s bloody civil unrest cost the International Community about Ten billion United States Dollars (USS10,000,000,000) and destroyed the properties of citizens and non-citizens, including the Liberian Economy, which is still struggling.
Not just with this financial destruction, during the unjustifiable conflict, over 250,000 people lost their lives; Liberians and non-Liberians, including the ECOMOG soldiers of the West African Peacekeeping force and Peacekeepers from the United Nations; amongst others
Considering this, pundits say the order, signed at the Executive Mansion is a crucial endeavor towards bringing justice and closure to the scars of the country’s tragic civil conflict.
In a special remark at the signing of the Executive Order, President Boakai highlighted the nation’s need to unite in seeking accountability for the violence that plagued Liberia and ensuring that justice is served. He emphasized the importance of justice and healing in paving the way for peace and harmony to prevail in Liberia.
President Boakai acknowledged the historic move by the National Legislature in passing a resolution urging tangible steps toward addressing the issues of the past conflict. The President expressed gratitude to legislators, justice and peace advocacy groups, the interfaith community, and victims for their perseverance in seeking justice.
The President called on all Liberians to support this noble effort in moving the country forward and leaving behind the painful memories of the past. He urged everyone to embrace the values of thinking, loving, and building Liberia as the nation works towards a reconciled and united future.
The Executive Order unveils
WHEREAS, the Republic of Liberia underwent fourteen years of civil war, during the course of which numerous atrocities, including murder, genocide, rape, destruction of properties, and looting of the natural and other resources of the nation were committed by various warring factions and individuals.
WHEREAS, protracted and intractable peace processes undertaken by Liberians and the international community culminated into the execution of the Comprehensive Accra Peace Agreement (CPA) in 2003 which led to the creation in 2005 of a Truth and Reconciliation Commission (TRC), with the mandate to investigate the circumstances attending the Liberian civil war and to make recommendations in respect thereto, and as a consequence of which a Final Comprehensive Report was presented to the Government of Liberia in 2010.
WHEREAS, the TRC Report cataloged, some of the war and economic crimes committed during the Liberian civil war and listed certain organizations and individuals who engaged in or were otherwise complacent in the perpetration of war crimes, as well as others who allegedly committed economic crimes against the Republic and the people of Liberia, and predicated thereon, recommended the establishment of an Extraordinary Criminal Court for Liberia to prosecute those responsible for the commission of the enumerated war crimes, as the term is defined internationally.
WHEREAS, the failure of successive Legislatures and Executive to attend to the recommendations of the TRC and to actualize the setting up of a court to address the issues of war crimes and a court to deal with issues of economic crimes committed against the Republic, or take action to address the war crimes allegations levied in the Report or the atrocities said to have been carried out, left a painful void in the nation and amongst its people, and hampered the quest for national unity.
WHEREAS, the House of Representatives of the Fifty Fifth Legislature of Liberia passed a Resolution, number 001/2024, on April 8, 2024, advocating its approval for the setting up of a war and economic crimes court; and which Resolution was concurred with by the Liberian Senate, carrying the title “THE MECHANISMS FOR THE ESTABLISHMENT OF AN EXTRAORDINARY CRIMINAL COURT AND DOMESTIC CORRUPTION COURT FOR WAR AND ECONOMIC CRIME”.
WHEREAS, the Resolution, relying on Article 34 le) (b) 0. and Chapter 2. Article S(c) of the 1986 Constitution of Liberia, implored the Executive Branch of Government to use its executive powers to issue an Executive Order setting out a mechanism which shall study and recommend the machinery and process relative to the establishment of a SPECIAL WAR CRIMES COURT FOR LIBERIA, with the aim that such Court will prosecute persons and organizations identified as responsible for war crimes and crimes against humanity committed during the Liberian civil war between the periods 1979 and 2003, as well as the mechanism for the establishment of an ANTI CORRUPTION COURT, subject to domestic jurisdiction and operating and guided by domestic jurisprudence, with power to adjudicate matters involving acts of corruption committed between 1979 to the present.
WHEREAS, the current Executive Government, under my leadership, being mindful of the atrocities committed in the course of the Liberian civil war and the enormous sufferings to which the Liberian people have been subjected, and recognizing the need for accountability and healing of the wounds growing out of the war, is committed to ensuring the enforcement of justice for
war crime victims, as part of its rule of law initiative, and has determined that it is in the best interest of the Liberian people that the implementation of the TRC Report, which calls for the establishment of an Extraordinary Criminal Tribunal for Liberia that will prosecute people who committed war crimes and, crimes against humanity, of whatever nature, during the course of the Liberian civil war, be pursued not only to address the impunities and atrocities that attended the Liberian civil war but also to serve as a deterrence for similar events in the future.
WHEREAS, although the Liberian Penal Law does not define or provide for the prosecution of war crimes, the said acts being within the international sphere and defined by international law, and Liberian law prohibits the prosecution of crimes which at the time of their commission were not stated or categorized as crimes under the Liberian Penal Law, yet by virtue of the Constitution of
Liberia which authorizes the State to enter into international treaties, conventions, agreements protocols, etc. a number of treaties and other international instruments were signed and ratified by Liberia, inclusive of treaties defining war crimes and crimes against humanity, stipulating acts
constituting war crimes and crimes against humanity, and providing the penalties therefor, thus making them a part of the Liberian domesticated law.
WHEREAS, by virtue of Liberia being a signatory to and having ratified several treaties and protocols dealing with war crimes and crimes against humanity, Liberia is under a legal and international obligation to comply with the provisions of said treaties and protocols and to facilitate, cooperate and coordinate fully with the international community in addressing the issues of war crimes and crimes against humanity committed by citizens of Liberia and organizations formed and operating under the laws of Liberia or within the territorial confines of Liberia, including the setting of war crime structures and processes for the prosecution of persons and organizations identified as having been involved in the commission of war crimes and crimes against humanity; both in accord with Liberia’s international obligations as well as the protection of the Liberian people by mechanisms which accord them access to international justice.
NOW, THEREFORE, the Legislative Branch of the Government of Liberia having resolved and authorized the setting up of the mechanism and processes for the establishment of a war crimes court of an international nature and of an international mix, and giving Liberia’s assurance of fullest cooperation in achieving the goal of establishing an international war crimes court for Liberia to prosecute persons identified as having committed in Liberia acts constituting war crimes and crimes against humanity, I, Joseph Nyuma Boakal, Sr, President of the Republic of Liberia, by the powers in me vested by the Constitution of Liberia, and in compliance with Liberia’s international obligations and the will of the Liberian people to obtain justice and bring closure to the events of the civil war, do hereby establish the Office of the War and Economic Crimes Court for Liberta.
The office shall investigate, design, and prescribe the methodology. mechanisms, and the processes for the establishment of a Special War Crimes Court for Liberia as well as for the establishment of a National Anti-Corruption Court for Liberia. The following shall constitute the structure and terms of reference to the Office 1.
The Office of War and Economic Crimes Court shall be headed by an Executive Director who shall be an astute lawyer of impeccable character, knowledgeable in the Liberian constitutional and criminal law, and capable of working with the international community in the formulation of the mechanisms, procedures, and processes attending the establishment of a war crimes court and an anti-corruption court for Liberia.
Further, the Office of the Executive Director shall be assisted by a secretariat and a core of highly professional legal minds, with such other officers and consultants as shall be required to effectively carry out the duties and tasks assigned to the Office. The Office shall, in addition, have the following responsibilities: a Conduct research and studies, and growing therefrom, and in consultation with international partners, select a model of an international tribunal for war crimes, including the jurisdiction and status of the Special War Crimes Court for Liberia, consistent and in harmony with international models that have been used for similar trials of war crimes. b. Liaise with international partners in sourcing the funding for the Special War Crimes Court for Liberia. Draft legislation for the establishment of the Anti-Corruption Cout for Liberia, taking into full consideration jurisdictional configuration which shall be separate and distinct from those ascribed to other current criminal courts in Liberia, capable of addressing all forms of corruption cases connected to and growing out of the civil war as well as corruptions committed during the governance of the Republic subsequent to the Liberian civil war and to the present. d. Recommend the scope and duration of the Special War Crimes Court for Liberia, after due consultation with funding partners and other considerations necessary to the existence and operations of the court.
Recommend any other means by which the Special War Crimes Court for Liberia can be expeditiously established. e. The mandate, duration, tenure, and operations of The Office of War and Economic Crimes Court shall come to an end and cease to function upon the full establishment, functioning. and coming into effect (operations) of the Special War Crimes Court for Liberia and the Anti-Corruption Court for Liberia. Nothing in this Executive Order shall be interpreted to interfere with, hinder, or diminish any of the rights of any citizen of the Republic of Liberia.
The Office of War and Economic Crimes Court shall report to the Minister of Justice and Attorney General but shall be semi-independent, divorced of any and all political influence, and guided strictly by legal considerations. This Executive Order shall take immediate effect.
Following the signing of the Executive Order #131 on the War & Economic Crimes Court by President Boakai, U.S. Chargé d’affaires Catherine Rodriguez commended the President for the decision.
“I commend President Joseph Nyuma Boakai Sr for taking this historic and courageous step to bring justice and accountability for the atrocities committed during the Liberian civil wars. The United States firmly supports Liberia’s establishment of the War and Economic Crimes Court and stands ready to assist all Liberians as it moves forward,” she noted.
Many Liberians, including Boakai’s critics, have also hailed the decision, as they believe it marks a milestone in Liberia’s journey towards accountability, justice, and healing from the wounds of the civil conflict.
On Thursday, April 11, 2024. the plenary of the House of Representatives of the 55th National Legislature Of the Republic Of Liberia autonomously concurred with the Liberian Senate on the amended joint resolution for the establishment of war and economic crimes courts In Liberia.
The House reached the decision following a motion to concur with the Senate by Grand Bassa County District #5 Representative Thomas Goshua during the fifth day sitting of the extraordinary session of the first quarter of the first sitting of the 55th National Legislature.
Prior to the concurrence of the resolution, House Speaker Fonati Koffa encouraged his colleagues to act on the document and ensure that It is sent to the President today.
Speaker Koffa: “Since we believe this is an important matter, we reviewed it and are requesting that the eight members sign on to the Sales version, so we can agree with the Senate version and send it to the President for approval today. To move forward, I suggest that we send the resolution from the Senate to the President for signature.”
On Tuesday, April 9, 2024, 27 of the 29 Senators signed a resolution endorsing Liberia’s establishment of a war and economic crimes court. The document provides that the Extraordinary Criminal Court to be established shall be known as the UN-backed “Special War Crimes Court for Liberia” (SWACCOL) to prosecute those who bear the greatest responsibility for war crimes and crimes against humanity committed between the period 1979 and 2003 under Article 34(f).
Consistent with Article 34(e)(b)(j)(l) of the 1986 Liberian Constitution, the Executive shall develop a legal framework and submit the same to the Legislature for enactment into law for the establishment of an Anti-Corruption Court (ACC) focusing from 1979 to 2003.
The agreement also said the President shall write the United Nations, the European Union, and the United States Government expressing the Liberian Government’s intention to establish the Extraordinary Criminal Tribunal on Liberian soil or alternatively to a country to be designated.
The Liberian Leader shall further request financial and other assistance; develop a financial resource mobilization plan and submit it to the United Nations, the EU, the US Government, and other international partners to seek financial and economic support for the establishment and operations of the court.
“That the President shall report to the Legislature as to the progress made on the establishment of the two courts as well as challenges, if any, or outcome(s) of his engagements with the United Nations, the EU, the US Government, and other international partners regarding the resource mobilization plan and results, including domestic resource mobilization through the budgetary process, pursuant this Resolution,” the document says.
“That consistent with Chapter 2, Article 5(c) of the 1986 Constitution, the President shall issue an Executive Order to establish the Office of War Crimes (OWC) within the Ministry of Justice, and appoint forthwith, a Special Envoy or Officer-In-Charge (OIC), duly certified by the International Criminal Court (ICC) in The Hague, Netherlands, or the African Court on Human and Peoples’ Rights (ACtHPR) or any other International Courts and Tribunals with the relevant experience, qualification, and competence in international criminal law and practice, to organize and coordinate all actions and activities regarding the Court and assist the President to mobilize resources and do all that is legally feasible, including the establishment of a secretariat, where applicable, to facilitate its operations and the successful implementation of its mandate, among others, done in consultation with the UN, the EU, the US, and/or other independent parties,” it adds.
The Joint Resolution furthered that to jump-start this renewed campaign of national reconciliation and healing as the final phase of Liberia’s recovery process, the President shall implement the following recommendations of the TRC; (a) Offer apology on behalf of the State to the many victims and the people of Liberia in general for its role in the conflict and the injuries and losses sustained by individuals and communities.
It called on the Liberian Government to work with the United Nations, the EU, the US Government, and other international partners to set up a Reparation Trust Fund (RTF) for victims and communities worst affected by the conflict, to benefit through direct financial assistance or through development programs and projects.
The document also wants the state to continue the National Palava Hut Program and other programs for national healing, peacebuilding, and reconciliation and construct a national monument to commemorate the victims of the atrocities, to serve as a reminder of the war, and to create a national consciousness against armed conflicts. “WHEREFORE, members of the Senate and the House of Representatives hereunto affix their signatures this 8th day of April A. D. 2024,” the Joint Resolution notes.
Meanwhile, our legislative reporter said the Joint Resolution was an initial step taken by the 55th National Legislature as the full establishment of such a court shall be done through a bill or an act to be passed by the Legislature, signed by the President, and finally printed into a handbill for its implementation.
The International acknowledged how horrific Liberia’s civil war was and how it continues to hunt the state even after more than 18 tears. Following the civil unrest, the TRC came into play. The Truth and Reconciliation Commission of Liberia (TRC) presented its final report containing findings, determinations, and recommendations made by the Commission to the National Legislature, following the peace agreement.
The 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).
The report also determined and recommended that Criminal Prosecution for these violations, Reparations, and a “Palava Hut” Forum are necessary and desirable to redress impunity and promote peace, justice, security, unity, and genuine national reconciliation. The TRC was agreed upon in the August 2003 Comprehensive Peace Agreement in Accra and created by the TRC Act of 2005.
Over the years, there have been calls from ordinary Liberians and foreign diplomats for the implementation of the Truth and Reconciliation Commission of Liberia (TRC) report. Sadly, it has taken about three presidential terms and two different administrations since the report was made available, but it has not been implemented. Fortunately, visible signs appear to be seen from the current administration for the establishment of the Court.
