Liberia Unity Efforts Complicated by War Crimes Court Dispute

A dispute between Liberia’s War Crimes Court Office and a civil society coalition dominated a recent transitional justice conference in Monrovia. Officials and advocates called for collaboration, even as disagreements deepened over who should submit legislation to establish the court.

The conference, organized by the Liberia Civil Society Organization Initiative on Transitional Justice in partnership with the Danish Institute Against Torture and supported by the United Nations Office of the High Commissioner for Human Rights, brought together Liberian and international transitional justice advocates, including victims’ and survivors’ groups. However, the gathering highlighted a widening rift between the court’s office and prominent civil society actors.

Disagreement Over Legislative Process

A panel discussion on managing expectations and generating trust in the transitional justice process was largely consumed by the dispute. This disagreement arose after a civil society coalition, led by the Independent National Commission on Human Rights, submitted its own bill for the court without the Office’s involvement. President Joseph Boakai had initially anticipated the Office would draft the bill. Civil society actors drew up their own bill after delays and a decline in trust.

Aaron Weah, executive director of the Ducor Institute for Social and Economic Research, criticized the civil society action, emphasizing the need for collaboration and a change in attitude. Fredrick Gbemie, director for operations of the Office, echoed the call for collaboration, asserting that drafting the bill fell within the Office’s mandate. Adama Dempster, secretary general of the Civil Society Human Rights Advocacy Platform of Liberia, defended the coalition’s actions, stating their role as advocates for the voiceless.

Legislative Proposals and Concerns

The Senate introduced two separate bills in late October. These proposals seek to prosecute crimes committed during the wars under Liberian law, rather than international frameworks. One bill would route crimes through Liberia’s courts, while the other would exclude corruption and economic crimes committed during the civil wars. Legal experts and civil society groups warned that these bills could weaken accountability and shield alleged perpetrators, including sitting lawmakers. One of the senators later stated the bills were under review.

International Perspectives

Michelle Reyes Milk, senior international justice counsel at Human Rights Watch, emphasized the importance of broad consultations with all stakeholders, including civil society and survivors. Elise Keppler, executive director of the Global Justice Center, echoed this view, highlighting the value of incorporating victims’ insights into the process.

Calls for Leadership and Education

Hassan Bility, director of the Global Justice and Research Project, supported calls for unity but urged President Boakai to act decisively to ensure the court’s establishment. He also criticized Liberia’s lawmakers, urging them to support the court.

Binta Mansaray, registrar of the Residual Special Court for Sierra Leone, cautioned that expectations must be managed, noting that no transitional justice mechanism can try everyone who fought. She emphasized that justice should be fair and urged the War Crimes Court Office to prioritize public education.

Liberia’s proposed tribunal is expected to draw lessons from the Special Court for Sierra Leone, which convicted nine of the 13 people it indicted, including former Liberian president Charles Taylor.