Written by Frederick A.B. Jayweh, B.A., LL.B. LL.M
Sunday, 21 June 2009
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Statement by the Association of Liberian Lawyers in the Americas, Inc. (ALLA)
No matter whatsoever the case may be, or how long it took, as it
stands, come June 22, 2009, the Truth and Reconciliation Commission of
Liberia will have to finally proclaim and pronounce the names of all
individuals, armed groups, and associated corporations charged with
bearing greater responsibility for the commission of egregious domestic
crimes, gross human rights violations, and serious humanitarian law
violations up to and during the armed conflict in the Republic of
Liberia.
If, the TRC should so define and determine, each individual, armed groups, their masters, and their associates will certainly be required to establish a defense as to whether their principals or agents knowingly and intentionally committed a violation of national and international law against the force and effect of international human rights law, international humanitarian law, the laws of war, or against the domestic laws of Liberia. Already, the hearts and minds of purported perpetrators and their families are filled with fear and frustration. To victims and their families, justice seemed to have being a long distance away to measure; but the sum total is, justice has finally come and justice is ready to be applied.
Already and referring to its Final Report of December 2008, Volume 1, the TRC has investigated and determined that the following warring factions, their financiers, commanders, combatants, and advisors are primarily responsible for committing egregious domestic crimes, gross violations of human rights law and serious humanitarian law violations and economic crimes in Liberia.
The groups that the TRC also defined and determined as Significant Violator groups are:
1)The National Patriotic Front of Liberia (NPFL)
2)Liberians United for Reconciliation and Democracy (LURD)
3)Liberian Peace Council (LPC)
4)Militia
5)Movement for Democracy in Liberia (MODEL)
6)United Liberation Movement (ULIMO)
7)Armed Forces of Liberia (AFL)
8)United Liberation Movement-Kromah (ULIMO-K)
9)Independent National Patriotic Front of Liberia (INPFL)
10)United Liberation Movement-Johnson (ULIMO-J), and
11)Anti-Terrorists Unit (ATU)
As to the 2nd group, the TRC determined and designated them as Less Significant Violator Groups. Although the culpability of both groups are the same and they could be equally punished for committing the same crimes, the distinction between the two groups has to do with how frequent or infrequent each group chose to violate their victims’ rights during the armed conflict in Liberia.
Members of the 2nd group so determined and referred to by the TRC are:
1)Lofa Defense Force (LDF)
2)Liberian National Police
3)Special Operation Division of the Liberian National Police (SOD)
4)Revolutionary United Front (RUF)
5)Special Anti-Terrorist Unit (SSU)
6)Special Security Service (SSS)
7)National Security Agency (NSA)
8)National Bureau of Investigation (NBI)
9)Criminal Investigation Division (CID)
10) Rapid Response Unit (RRU), and
11) Vigilantes,
ECOMOG, the West African Military Force and the Black Beret, a local Liberian military group, according to the TRC were drawn into the conflict due to their defensive and offensive postures. They too are referred to as less significant violator groups; but they are equally responsible and culpable for all violations that they may have committed against national and internationally law and against the peace and dignity of the people of Liberia.
So, apart from all of the definitions and designations assigned to all of the groups listed above, the Truth and Reconciliation Commission of Liberia determined and found that they are fully responsible for committing egregious domestic crimes, cross human rights violations and serious humanitarian law violations against the peace and dignity of their separate and collective victims in Liberia during the armed conflict.
To prosecute and further ensure accountability for the crimes committed in Liberia from 1979 to 2003, the TRC also determined that a criminal court with the competence and jurisdiction be established to hear and adjudicate matters relating to criminal responsibility committed by all armed groups and their masters in Liberia. Accordingly, this determination is notwithstanding the final determinations and findings that might be contained in the final and overall report of the TRC intended to be handed down on June 22, 2009.
Apart from the brilliant and scholarly investigation and findings reached by the TRC, together with its concomitant determination that a criminal court be setup to prosecute alleged wartime criminals and human rights violators during the armed conflict in Liberia, nevertheless, a permanent criminal court with the exclusive jurisdiction and competence over egregious domestic crimes, gross violations of human rights and serious humanitarian law violations to include economic crimes in Liberia, is most preferred to a temporary criminal court; and such permanent criminal court needs to be established in Liberia to indict and prosecute future warlords, their financiers, and masters for any future commission of war crimes, crimes against humanity, and economic crimes in Liberia. Whether, victims and survivors of the armed conflict in Liberia imaged justice to have being so far away or not, call it whatsoever you may, June 22, 2009 will represent the day of reckoning and accountability in Liberia.
The Role of a Temporary Criminal Court
In its recommendation and determination to prosecute war crimes, gross human rights violations, serious humanitarian law violations, and economic and other crimes in Liberia, the TRC investigated and determined that a criminal court with the competence and jurisdiction be setup in Liberia to adjudicate criminal responsibility for individuals, armed groups and other criminal agencies that the TRC determined as being responsible for the commission of egregious domestic crimes, gross violations of human rights and serious humanitarian law violations in Liberia and against the people of Liberia. This court will be expected to have competence and jurisdiction over crimes that were committed from 1979 to 2003. Thus, this will be a temporary and limited criminal court.
For all intents and purposes, while the foregoing recommendation and determination is sound and supported by the facts of the atrocities and crimes committed in Liberia over the years, the establishment of a temporary criminal court just to prosecute war crimes, crimes against humanity and economic crimes committed in Liberia from 1979 to 2003, may not be sufficient and enough to deter and discourage the commission of future crimes. That being said, a permanent criminal court with the competence and authority to hear and determine violations for egregious domestic crimes, gross violations of human rights, and serious humanitarian law violations and economic crimes, needs to be permanently setup in Liberia to ensure continuous prosecution and accountability in Liberia.
Another compelling reasoning why the setting up of just a temporary criminal court to prosecute perpetrators of war crimes, crimes against humanity and economic crimes in Liberia committed from 1979 to 2003 will be insufficient to prevent future crimes and curtail reckless violations of national and international law is that a criminal court of this nature if setup, will be statutorily bind by time and obligated to complete its works and activities within a specified time and giving period. The life of a temporary criminal court, such as the court determined by the TRC in its December 2008 report, if setup, will certainly have ended at the demise of its works and activities. A limited court of this nature will only serve the purpose of prosecuting those who are said to have committed crimes from 1979 to 2003. Perpetrators, thereafter, may escape justice with the demise of such a temporary and limited criminal court.
Additionally, recounting the many rights violations that Liberia has suffered and sustained, Liberia does not have much need for such a temporary and limited criminal court because Liberia will only be returned to more and more violations of international human rights law, international humanitarian law, and the commission of egregious domestic crimes and economic crimes, with or without any timely solutions. Moreover, the current judges and justices of the courts of Liberia are mainly trained and have competence to hear and determine cases that have their origin in the statutory and domestic laws of Liberia, and not cases that may involve and invoke the complexity, specialized investigation, and determination of egregious domestic crimes, gross human rights violations, serious humanitarian law violations and economic crimes as these cases may relate to Common Article 3 of the 1949 Geneva Conventions, and the 1977 Additional Protocol II of the Geneva Conventions. Furthermore, if cases that demand and invoke such broad and specialized investigation and determination were to be taken for adjudication before the domestic courts of Liberia, those courts and judges will be overworked. To prevent the waste of time and resources, a permanent criminal court with exclusive universal jurisdiction is recommended and preferred to ensure the prevention of future crimes and effective law enforcement in the Republic of Liberia.
The Role of a Permanent Criminal Court
Since 1847 to this point, the Republic of Liberia has suffered and endured many crimes against its peace and dignity. So many of these criminal violations and responsibilities have not been investigated and adjudicated because Liberia has had no system and policy put in place to investigate, try and punish those criminally responsible. In many of these instances, egregious domestic crimes were committed, there were gross human rights violations, and crimes against humanity and economic crimes were continuously committed in Liberia and against the people of Liberia with impunity. A permanent criminal court, if considered and statutorily established in Liberia, should have the power and reserve to itself the right to invoke and exercise exclusive and universal jurisdiction in cases of mutilation, cruel treatment and torture, outrages upon personal dignity, terrorism, and hostage taking, and genocide in Liberia.
Additionally, a permanent criminal court, if setup in Liberia, such a court, needs to be presided over by at least three (3) trial judges and have the competence and jurisdiction to hear and adjudicate cases wherein egregious domestic crimes are committed, gross human rights violations are observed, and serious violations of humanitarian laws to include economic crimes are suspected and committed. Also, this preferred permanent criminal court should have the power and competence to try and sentence anyone determined to have committed massacres, sexual violations, economic crimes, and extra-judicial killings. Armed with the authority and exclusive universal jurisdiction, this permanent criminal court should also prosecute cases of murder, extermination, enslavement, rape, enforced disappearance of persons, persecution, deportation or forcible transfer of population, and anyone that commits genocide and other serious crimes in the Republic of Liberia. Actually this is a specialized court.
Because Liberia has experienced and may continue to still experience wanton and reckless abuses and violations of the rights of its people, the commission of egregious domestic crimes, gross human rights violations, and serious humanitarian law violations to include incessant economic crimes, crimes that could best be investigated and prosecuted by applying both domestic and international laws, Common Articles 3 of the Geneva Convictions, Protocol II Additional to the Geneva Conventions, International Criminal Law, as well as the domestics laws of Liberia, there needs to and must be setup a permanent criminal court in Liberia as opposed to a temporary and limited court determined by the TRC.
If enacted into law and established in Liberia, this permanent criminal court should have the competence and jurisdiction to reserve to itself the right to apply international human rights, international humanitarian and domestic criminal laws to all cases filed and pending before it for adjudication. Further, this court must also be permitted to reserve to itself, the right to hear and determine cases brought before it with or without the right to trial by jury. Ideally, a bench trial is preferred and highly recommended when it comes to properly adjudicating these cases.
Above All Else, the Rule of Law First!
Prepared and executed this 20th day of June, A.D 2009, by:
The Association of Liberian Lawyers in the Americas, Inc. (ALLA)
By and Thru, Frederick A.B. Jayweh, B.A., LL.B. LL.M
Counsellor-At-Law & Executive Director
4111 Odessa, Street, Denver, CO 80240
E-mail:
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Website: www.liberianlawyers.org
Office Phone: 303-373-0423
Fax: 303-371-6981
Comments (1)
1. 22-06-2009 08:30
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Editor, When TRC was set up in Ghana, was it mentioned in the agenda to set up a criminal court? I would like code one Roy Cee,a musician of the 70s whose literals I was not there when they took theship butIcould feel the pains.I rest my case.
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Statement by the Association of Liberian Lawyers in the Americas, Inc. (ALLA)
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