In a historic move, President Joseph Nyuma Boakai, Sr. has issued Executive Order No. 131, establishing the Office of a War and Economic Crimes Court for Liberia. This order comes as a response to the atrocities committed during the fourteen-year civil war that plagued the nation.
The civil war in Liberia witnessed horrific acts such as murder, genocide, rape, destruction of properties, and looting of natural resources. The Comprehensive Accra Peace Agreement (CPA) was executed in 2003, leading to the creation of the Truth and Reconciliation Commission (TRC) in 2005. The TRC’s Final Comprehensive Report, presented to the Government of Liberia in 2010, documented the war and economic crimes committed during the civil war and recommended the establishment of an Extraordinary Criminal Court for Liberia.
However, the recommendations of the TRC were not acted upon, leaving a painful void in the nation and hampering the quest for national healing and justice. In response to this, the House of Representatives of the Fifty-Fifth Legislature of Liberia passed a resolution advocating for the establishment of a war and economic crimes court. This resolution was concurred with by the Liberian Senate, paving the way for the issuance of the executive order.
President Boakai, recognizing the need for accountability and healing, is committed to ensuring justice for war crime victims and deterring similar events in the future. Although the Liberian Penal Law does not define or provide for the prosecution of war crimes, Liberia has ratified international treaties and protocols dealing with war crimes and crimes against humanity. This places Liberia under a legal and international obligation to comply with these provisions and cooperate with the international community in addressing war crimes and crimes against humanity committed by its citizens.
The Office of the War and Economic Crimes Court for Liberia, established by this executive order, will be headed by an Executive Director, an astute lawyer well-versed in Liberian constitutional and criminal law. The office will be responsible for investigating, designing, and prescribing the methodology, mechanisms, and processes for the establishment of a Special War Crimes Court for Liberia and a National Anti-Corruption Court for Liberia.
The Office will conduct research and studies, liaise with international partners for funding, draft legislation for the Anti-Corruption Court, recommend the scope and duration of the Special War Crimes Court, and propose means for its expeditious establishment.
The Office of War and Economic Crimes Court shall report to the Minister of Justice and Attorney General but shall operate independently, free from political influence, and guided solely by legal considerations.
This Executive Order is a significant step towards justice, accountability, and healing for the people of Liberia. It is aimed at addressing the impunities and atrocities that occurred during the civil war and serving as a deterrent for future crimes against humanity. The establishment of the War and Economic Crimes Court is expected to bring closure to the events of the civil war and contribute to the rule of law in Liberia.
The Executive Order takes immediate effect, showcasing the government’s commitment to prioritizing justice and ensuring a brighter future for Liberia.