By Cllr. Tiawan Saye Gongloe
COMMENTARY
The latest move by some members of the Liberian Senate to propose a purely domestic War Crimes Court—composed entirely of Liberian judges and prosecutors, placed under the judiciary, and with all appeals to the Supreme Court—is a betrayal of justice and legislative bad faith.
This proposal directly contradicts Joint Resolution #JR-001/2024, which the Senate and the House of Representatives jointly enacted on April 8, 2024. That Resolution expressly mandated the Executive Branch, not the Senate, to “develop a legal framework and submit same to the Legislature for enactment into law for the establishment of an Extraordinary Criminal Court for Liberia” and an Anti-Corruption Court.
Yet while the War and Economic Crimes Court (WECC) Secretariat, created by Executive Order under that very Resolution, is drafting those bills in consultation with national and international experts, two senators have preempted and undermined the process by submitting their own bill. This act is in clear violation of the Legislature’s own directive and reveals bad faith on the part of its sponsors.
Contradicting Their Own Resolution
Joint Resolution #JR-001/2024 was deliberate and unambiguous.
It called for the establishment of an “Extraordinary Criminal Court for Liberia to be known as the UN-backed Special War Crimes Court for Liberia (SWACCOL)”, emphasizing international and domestic participation and cooperation with the United Nations, the European Union, and the United States Government.
It also directed the President to appoint a Special Envoy or Officer-in-Charge certified by the International Criminal Court or another international tribunal, to coordinate the process, mobilize resources, and ensure compliance with international law.
Nowhere did the Resolution authorize the Senate to unilaterally craft a domestic bill or to reduce the envisioned hybrid tribunal into an ordinary national court. The new Senate proposal therefore defies the Legislature’s own record and undermines the transitional justice process rooted in the Accra Peace Agreement and reaffirmed by the Joint Resolution.
Isolationism in the Name of Sovereignty
The Senate’s claim that a purely Liberian court would preserve “sovereignty” is misplaced and hypocritical. It confuses sovereignty with isolationism and nationalism with self-deception.
Liberia’s civil wars were not caused by foreign interference—they were caused by bad governance, corruption, abuse of power, and contempt for human rights. Over three hundred thousand Liberians lost their lives because successive governments chose the path of impunity over justice.
To now use “sovereignty” as an excuse to exclude international participation from Liberia’s war crimes process is unpatriotic, unnationalistic, and contrary to international law. Liberia is a signatory to the four Geneva Conventions of 1949 and their Additional Protocols of 1977, which impose binding obligations on all states to prosecute or extradite those responsible for war crimes and grave breaches of international humanitarian law.
To walk away from that responsibility now would not only dishonor Liberia’s dead—it would violate its international commitments and betray the very principles of justice that form the foundation of civilized nations.
Hybrid Courts: The Proven Path
Experience across Africa shows that credible justice for mass atrocities requires a hybrid court, not a domestic one.
In Sierra Leone, the Special Court’s combination of local and international judges ensured impartiality and competence—and successfully convicted Charles Taylor, Liberia’s former president and others with great responsibility war crimes and crimes against humanity committed during the Sierra Leonean civil conflict.
In Senegal, the Extraordinary African Chambers combined Senegalese and international jurists to try Hissène Habréfor crimes against humanity.
In the Central African Republic, the Special Criminal Court continues to function effectively under a mixed panel of national and international judges.
These hybrid courts gained credibility and financial backing because they were anchored in international humanitarian law and not trapped in local politics.
Moreover, organizations such as the Open Society Justice Initiative and CIVITAS Maxima, working through the Global Justice and Research Project (GJRP), have already supported successful war crimes prosecutions in the United States and Europe involving Liberian perpetrators. If justice for Liberia can happen in Philadelphia, London, and Paris, why not in Monrovia—under the right conditions?
Justice Anchored in Law, Peace Anchored in Justice
The proposed War and Economic Crimes Court is a transitional justice mechanism, not an ordinary constitutional court. It must be rooted in international humanitarian law, and composed of both Liberian and foreign judges, prosecutors, and investigators, with a majority of international personnel to guarantee impartiality, credibility, and adherence to global standards.
Anything less will produce another compromised institution—strong on paper, weak in principle.
Justice must comfort victims, reassure the accused, and restore the moral authority of the state. Only a credible hybrid court can achieve this.
Conclusion: Legislative Bad Faith and National Consequence
The Senate’s unilateral bill is not only procedurally illegal under Joint Resolution #JR-001/2024; it is morally indefensible. It substitutes political convenience for justice, undermines Liberia’s international reputation, and risks turning the pursuit of accountability into another exercise in deception.
Liberia cannot claim peace while shielding impunity. The Accra Peace Agreement, the TRC Act, the Rome Statute, and the Geneva Conventions all point to one truth: justice delayed is peace denied.
By rejecting international partnership in favor of domestic control, the Senate’s bill does not strengthen sovereignty—it weakens it. True sovereignty is exercised through justice, not isolation.
Liberia must not walk away from its international humanitarian responsibilities. To do so would be to abandon not only our commitments to the world but also our covenant with the dead.
Only a hybrid War and Economic Crimes Court, internationally anchored and nationally embraced, can fulfill Liberia’s promise of “Never Again.”
