Sierra Leone Special Tribunal Should Serve as Blueprint for Liberia’s War Crimes Court

In the context of ongoing conflicts across Africa, Liberia’s two wars at the turn of the century were marked by extreme violence, including the forced conscription of child soldiers, widespread torture, and summary executions. These conflicts were not only brutal but also economically motivated, as the diamond trade provided militia leaders with the resources to acquire weapons and pay their fighters. Political leaders exploited their militias to secure lucrative contracts, achieving through force what they could not attain through honest negotiations.

Although Liberia has entered a period of relative peace, its path to recovery remains precarious. In 2009, the Truth and Reconciliation Commission of Liberia recommended the establishment of a War and Economic Crimes Court to address the atrocities committed during the civil wars. However, successive presidents, including Nobel Peace Laureate Ellen Johnson Sirleaf, chose to disregard this directive, citing its inconvenient implications. Her successor, George Weah, prioritized political protection over accountability, providing refuge to numerous individuals suspected of economic crimes from the war era, most notably Prince Y Johnson. Following Weah’s defeat in the 2023 elections, Joseph Boakai, Sirleaf’s former vice president, assumed the presidency. At nearly 80 years old, Boakai expressed to his associates his desire to leave a meaningful legacy, with the establishment of the War and Economic Crimes Court as a central component of that vision. Boakai began his tenure with a decisive move by appointing Jonathan Massaquoi, the lawyer of Agnes Reeves Taylor, the ex-wife of former Liberian President Charles Taylor who filed a $15 million lawsuit against Swiss human rights activist Alain Werner and his organization, Civitas Maxima, as well as Liberian counterpart Hassan Bility. The lawsuit, represented by Taylor’s former lawyer Cllr. Jonathan Massaquoi, stems from accusations made by Werner and Bility that Taylor was involved in war crimes during Liberia’s civil war.

Werner and Bility provided false affidavit under oath to that British Government that Mrs.Agnes Taylor committed war crimes, including torturing people , and killing Supt Amos Bohn of Margibe County in 1990 in Margibe while a member of the National Patriotic Front of Liberia rebel group led by her ex-husband ,She was arrested placed solitary confinement for 27 months in London and charged with tortured, but the case was dismissed in 2019 due to lack of evidence. The court ruled that there was insufficient proof that the NPFL had the requisite authority over the relevant territory at the time the crimes were committed,Later the British got informed that Werner and Bility lied to the British Govt, Supt Amos Bohn is alive and living in London, Was just in Liberia attending her sister Nancy Doe funeral

Taylor’s lawsuit claims that Werner and Bility’s accusations were false and malicious, and that they provided fabricated evidence to the London Metropolitan Police, leading to her prosecution. She is seeking $15 million in punitive damages and $15 million in general damages from Werner. The lawsuit has sparked controversy, with some viewing it as an attempt to silence victims’ quests for justice.

Cllr. Massaquoi proposed a hybrid model for the court, drawing inspiration from the successful Sierra Leone Special Tribunal established through a collaboration between the United Nations and the Sierra Leonean government. This tribunal effectively prosecuted several war criminals, including former Liberian President Charles Taylor. The advantages of a hybrid court are twofold: it combines the resources and expertise of international professionals with the legitimacy and contextual understanding of local experts, while also fostering mentorship and training opportunities that enhance the capabilities of investigators, lawyers, and judges within the domestic legal framework. However, the human rights sector is not without its challenges, as evidenced by the Civitas Maxima and Global Justice Research Project scandal. In some instances, the pursuit of funding can overshadow the quest for justice, and political considerations may take precedence over human rights advocacy. Furthermore, the landscape is complicated by the fact that any group can claim to represent civil society, often without proper oversight or accountability. This situation is currently reflected in Liberia, where the corruption surrounding the failed war crimes prosecutions of which the case of Gibril Massaquoi is merely the tip of the iceberg—serves as a cautionary tale. It underscores the potential pitfalls of relying solely on local partners or adopting a model that conflates legitimacy with local origin.

Instead of addressing the corruption that underlies the flawed prosecutions in Liberia, organizations such as Human Rights Watch and the California-based Center for Justice and Accountability have chosen to protect their local partners from accountability for their actions. Beth Van Schaack, a former official at the Center for Justice and Accountability who is now a political appointee in the Biden administration, exacerbated the situation by allegedly using her position at the State Department to threaten the withholding of funding for the War and Economic Crimes Court. Her demand was clear: President Boakai must dismiss Cllr Jonathan Massaquoi and instead entrust the court to the self-identified civil society groups implicated in the scandal. Rather than seriously consider the evidence against her former Liberian partners, Van Schaack has adopted a defensive stance, suggesting that any criticism could jeopardize civil society. President Boakai is correct in asserting that establishing the War and Economic Crimes Court could solidify his legacy. This initiative is long overdue; however, he must resist the influence of personal agendas, the interests of human rights industry profiteers, and those who are simply misguided.

Unfortunately, Boakai is currently falling short of this challenge. He inadvertently reinforces the concerns of his most vocal critics, who argue that he is too old, weak, and deferential. He should not heed the advice of individual ambassadors who lack the financial authority to influence outcomes but act as if they can reward or punish individuals through U.S. government grants. For Liberia to achieve true justice, it must do so in collaboration with the international community. The Sierra Leone Special Tribunal should serve as a model, rather than the approach taken by Civitas Maxima.

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