Between 1989 and 2003, Liberia experienced two terrible armed conflicts that were characterized by widespread and persistent violations of international human rights and humanitarian law. Liberians of all genders and ages were fatally shot in their homes, markets, and places of worship. Several instances saw the slaughter of several people within a span of a few hours. Females endured abhorrent acts of sexual violence, such as gang rape, sexual enslavement, and torture. Minors were forcibly taken from their homes and educational institutions and were compelled to serve rebel militia and state military, sometimes after witnessing the murder of their guardians. The violence severely affected the lives of a large number of citizens and resulted in the displacement of almost half of the population (Twose & Mahoney, 2015).
By Julius T. Jaesen, II, BA, MA, Candidate MSc, Email: [email protected]
Even though our terrible civil wars ended twenty years ago, the government of Liberia has refused to hold perpetrators accountable for the terrible atrocities committed. The lingering specters of the two protracted civil conflicts that spanned from 1989 to 2003, briefly interrupted by a ceasefire between 1996 and 1999, continue to haunt us, as there is no effective system in place to guarantee fairness and accountability for the extensive and organized violation of human rights and humanitarian laws during the wars (Dhizaala, 2018).
The 2022 Report by the U.S. Department of State pointed out profoundly that the Liberian government has failed to implement the majority of the recommendations included in the 2010 Final and Consolidated Report of the Truth and Reconciliation Commission (TRC) of Liberia. The TRC recommendations aim at promoting justice and accountability. Despite the legal need for the President to regularly provide progress updates to the legislature on the implementation of the recommendations and to ensure justice and accountability for war crimes and human rights abuses, the U.S. Department of State 2022 Report reveals that President Weah has not fulfilled this requirement since assuming office in 2018. Liberia’s efforts to establish justice and accountability for war crimes and human rights violations have encountered a standstill, with suspected atrocious crimes continuing to be a significant obstacle. Some of the people accused of playing leading roles in horrendous crimes committed during Liberia’s two civil wars are still in influential positions in politics and government, while others avoided punishment altogether (Parry, 2016).
Beth Van Schaack, the US War Crimes Ambassador, stated in an open letter to the people of Liberia in December 2022 that the only justice Liberians have received for war crimes and human rights abuses so far has come from foreign courts, despite the TRC’s recommendation to establish a Special Criminal Court for Liberia with the onerous responsibility of investigating war crimes and economic offenses. According to Amb. Beth Van Schaack, Kunti Kamara was convicted in France and sentenced to life imprisonment for her involvement in crimes against humanity, torture, and acts of cruelty.
Also, in May 2014, Jucontee Thomas Woewiyu, fondly known as Tom Woewiyu, was detained at the Newark Liberty International Airport in the United States while returning from Liberia. The arrest was the result of a criminal investigation that had begun in January of 2014. Woewiyu was charged with falsifying his immigration application for U.S. citizenship by omitting his involvement in the NPFL and other war crimes. This effort by the US is commendable but Liberia as sovereign country, has done little to ensure justice after the wars (Jalloh & Marong, 2015).
Conclusion
The establishment of lasting peace and respect for the rule of law in Liberia depends on the holding of fair and credible criminal trials for the most heinous crimes. The absence of legal responsibility for acts of criminal nature committed during the civil war period in Liberia persists as a significant impediment to the progress of post-war societal advancement. It is imperative to establish a fresh consensus regarding the importance of criminal accountability as a fundamental component in fostering trust and facilitating the transition towards a state of positive peace and stability. In the absence of these aforementioned measures, it is highly probable that Liberia will continue to be ensnared in its current predicament.
In Liberia, people who committed atrocities are moving freeing without been brought to justice. Sadly, some of the perpetrators of heinous atrocities are even members of the legislature and are the ones making decisions for victims of the civil wars. Liberia’s situation is so sickening and gut-churning as we are not setting any deterrent to prevent future reoccurrences of war. In Sierra Leone, our close door neighbor, those who perpetrated the almost 11 years war are debarred from holding both appointed and elected offices. But in Liberia, we continue to nurture the culture of impunity.
Recommendations
- The Liberian government must actively push for the prosecution of those who bear the greatest responsibility for committing egregious human abuses and war crimes that violate international law.
- The Liberian government should form an autonomous committee consisting of representatives from civil society and a member of the Independent National Commission on Human Rights, together with two government officials. This group would be responsible for providing guidance to the government on matters related to justice and the rule of law. The group’s task will be to develop a thorough plan for achieving justice for war crimes and strengthening the application of legal principles under the direction of a civil society representative.
- To guarantee victims’ access to justice and the accused’s right to a fair trial, the Liberian government must ask foreign partners for sufficient help and funds to reform the country’s criminal justice system.