- Why is PYJ afraid of War and Economic Crimes Court?
During a live interview on Truth 96.1 FM’s Truth Breakfast Show on Tuesday, March 5, 2024, Nimba County Senator Prince Y. Johnson, expressed frustration over the lack of response to his calls by Liberian President Joseph Nyuma, following a reported meeting with war advocate Allen White.
Johnson alleged that the President received $300 million to endorse the establishment of a War Crimes Court in Liberia. Despite this, Johnson remained defiant, stating that he was not afraid and claimed that former generals and combatants were currently strategizing on the issue.
It can be reference that In 2022, Montserrado District #11 Representative Richard Nagbe Koon introduced a bill to strip the President of the authority to grant amnesty to war and economic crimes offenders in Liberia. The bill, titled “Repealing An Act to Grant Immunity from Civil and Criminal Proceedings for Acts and Crimes Committed during the Civil War from December 1989 to August 2003,” was presented during the House of Representatives’ 8th sitting on Thursday, February 3.
In his Communication with his colleagues, the Montserrado Electoral District #11 Representative described the law granting amnesty to those who committed hideous crimes as nourishing and supporting acts of impunity; something he said tends to undermine peace, security, and social justice.
As disclosed by the lawmaker, the law has been in existence for the past 19 years and succeeded in preventing those involved from facing justice, after destroying lives and properties without remorse.
But in his argument, the Nimba County Senator insisted that the law was repealed sed and therefore, it is wrong on the part of the president to commit himself to the establishment of a war crime court in Liberia, and noted that despite all of these, he still supports the presidency of Joseph Nyuma Boakai 100%, adding, whether he signs the resolution for the establishment of the court or not”, he lamented.
“But we will equally reciprocate legally or any other means to maintain the peace the Liberian people have been yearning for. We cannot give you the leadership of the nation at the age of 79, and you are bringing people to have a secret meeting with them to try to impose something on Liberia targeting me”, Senator Johnson told the Liberian people during the Truth Breakfast show.
He continued: “Boakai cannot solve sample things like his 100 Days deliverable where cars will not be stuck in the mud; he refuses to pick up my calls because of his commitment with Allen White to impose War Crimes Court on Liberia targeting me. We gave you a vote and you want to go after us, all former armed generals and combatants are listening to us. You think they will grab me and charge me, wait and see”, Senator Johnson in his interview asked.
It appears that justice will be served soon for those who lost their lives during Liberia’s bloody civil war, an apt step towards justice has been taken by the House of Representatives of the 55th National Legislature of the Republic of Liberia, as the body has adopted a resolution for the establishment of a war and economic crimes court.
This decision comes on the heels of the visit of Dr. Beth Van Schaack, the United States Ambassador-at-Large for Global Criminal Justice, adding weight to the importance of this move. The resolution sets the stage for the enactment of a statute that would bring the Court into operation, marking a crucial milestone years after the traumatic civil war that claimed thousands of lives and displaced many more.
The adoption of the resolution, supported by 42 out of 73 members of the House, represents a significant victory for the victims of the civil war. Notably, all representatives except one, Taa Wongbe from Nimba County where the former warlord Prince Johnson originates, voted in favor of the resolution. Musa Bility, a businessman who recently secured a seat from the county, abstained from the vote.
The resolution urges President Joseph Boakai to collaborate with the United Nations, international partners, institutions, and civil society organizations to seek support in establishing the Extraordinary Criminal Court in Liberia. This court aims to conduct trials for international crimes in alignment with global standards and best practices.
Highlighting the interconnectedness of economic crimes with war crimes, the resolution also calls for legislative action to establish an Economic Crimes Court. This specialized court would facilitate the prompt and fair trial of corruption and economic crimes, addressing the root causes that often lead to more severe violations.
Recalling the atrocities of the civil wars that ravaged Liberia from 1989 to 2003, the resolution emphasizes the widespread devastation caused by the conflicts. These include mass displacement, heinous abuses such as summary executions, massacres, rape, sexual violence, mutilation, torture, and the forced conscription of child soldiers. The establishment of the war and economic crimes court is a crucial step towards holding perpetrators of these crimes accountable and delivering justice to the victims.
“Recognizing that economic crimes are the progenitor of war crimes, call for legislative action to establish Economic Crimes Court for the swift and speedy trial of corruption and economic crimes,” the resolution states.
The resolution recalls that the civil wars from 1989 to 2003 resulted in death and destruction across Liberia, including the displacement of nearly half the population, horrific abuses, including summary executions, massacres, rape, and other forms of sexual violence, mutilation and torture and forced conscription and use of child combatants.
The resolution also recalls that Article XIII of the Liberian Comprehensive Peace Agreement signed on August 18, 2003, provides for the establishment of a Truth and Reconciliation Commission (TRC) to provide a forum that will address issues of impunity, as well as an opportunity for both 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.
According to the resolution, the Liberian legislature enacted the Act to Establish the Truth and Reconciliation Commission of Liberia (TRC ACT) in 2005, formally creating the TRC with a mandate to promote national peace, security, unity, and reconciliation by investigating gross human rights violations and violations of humanitarian law, sexual violations, economic crimes that occurred between January 1979 and October 2003.
The resolution also notes that the Liberian TRC submitted its final report to the National Legislature on December 19, 2009, recommending the establishment of an Extraordinary Criminal Court of Liberia, an international domestic court with authority to prosecute individuals accused of gross human rights violations, serious humanitarian laws violations, and certain domestic crimes.
According to the resolution, Section 48 of the TRC Act provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations,” and “All recommendations shall be implemented,” and “Where the implementation of any recommendation has not been complied with, the Legislature shall require the Head of State to show cause such non-compliance.
Accordingly, the resolution states that the Government of Liberia has not fully implemented the recommendations of the Truth and Reconciliation Commission to date, including the establishment of an Extraordinary Criminal Court for Liberia, despite being obligated to do so under the TRC Act.
The resolution also laments that Liberia has not prosecuted a single person for the grave crimes committed during its armed conflicts from 1989 to 2003. “Whereas the United Nations (UN) and other international partners have experience with the creation and functioning of war crimes courts, including courts with international and domestic participation and expertise, the resolution declares that the UN Human Rights Committee in July 2018, expressed, with regard to Liberia, “concerns that none of the alleged perpetrators of gross human rights violations and crimes mentioned in the TRC report has been brought to justice” and urged Liberia to establish a process to bring about accountability from past crimes and report back to the issue of impunity and accountability for civil wars -era crimes by 2020.
The House in a majority voice resolved to expresses its support for full implementation of the TRC recommendations, including the establishment of an Extraordinary Criminal Court in Liberia and commits to working with President Joseph Nyumah Boakai for the Court’s establishment.
Based on Section 48 of the TRC Act that provides that “The Head of State shall report to the National Legislature within three months of receipt of the report of the TRC, and on a quarterly basis thereafter as to the implementation of the Commission’s recommendations,” and “All recommendations shall be implemented, and “Where the implementation of any recommendation has not been complied with, the Legislature shall require the Head of State to show cause for such non-compliance,” therefore this matter before us is overdue, and that the president should act effectively, immediately on said legislative enactment without seeking advice from the legislature because, the TRC is already and Act of enacted by the Legislature that is awaiting full implementation.
The House also notes that the head of state is committed to providing funding for the conversion of the records of the Liberian Truth and Reconciliation Commission. Conserving the records of the TRC would be crucial in serving the following purposes.
The head of states is also required to ensure the availability and ownership of the country’s collective memory on the conflict, the TRC is just but a fraction of the colossal information contained in these records and form an indispensable part of the implementation of the TRC recommendation, promote the culture of justice, rule of law and bolster the ongoing democratization process in Liberia.
The House of Representatives states that the resolution is a lasting legacy and tribute to the thousands of victims and witnesses whose selfless contribution to the process led to the generation of these records. All this will ensure that state and international resources put in the TRC process were worth the exercise.
However, minutes after the House of Representatives endorsed a resolution for the establishment of the War Crimes Court, Former Pro Tempore Albert Chie said reconciliation could be the way forward as recommended in the TRC Report. According to him, the establishment of the court is not possible under the constitution of Liberia.
