Senator Prince Y. Johnson of Nimba County has joined his colleagues at the Liberian Senate to unanimously sign the Joint Resolution from the House of Representatives calling for the establishment of War and Economic Crimes Court in Liberia.
Our Legislative Reporter said 28 of the 29 senators affixed their signatures to the document on Tuesday, April 9, 2024, except Maryland County Senator James Biney, who abstained from the process.
Additionally, Senator Thomas Yaya Nimely of Grand Gedeh Counties also signed the resolution for the establishment of War and Economic Crimes Court.
However, the Chair of the relevant body – the Senate Committee on Judiciary, Claims and Petitions, Sinoe County Senator, Cllr. Augustine Chea told his colleagues that the document signed by the Liberian Senate is entirely a new version; as such, it is being sent back to the House of Representatives for their concurrence for onward submission to the Office of the President of the Republic.
The Joint Resolution said the Extraordinary Criminal Court established shall be known as UN Backed “Special War Crimes Court for Liberia” (SWACCOL) to prosecute those who bear the greatest responsibility for war crimes and crimes against humanity committed between the period 1979 and 2003 under Article 34(f).
Consistent with Article 34(e) (b)(j) (l) of the 1986 Liberian Constitution, the Executive shall develop a legal framework and submit same to the Legislature for enactment into law for the establishment of an Anti-Corruption Court (ACC) focusing from 1979 to 2003.
The agreement also said the President shall write the United Nations, the European Union, and the United States Government expressing the Liberian Government’s intention to establish the Extraordinary Criminal Tribunal on Liberian soil or alternatively to a country to be designated and shall further request financial and other assistance.
“That the President shall report to the Legislature as to the progress made on the establishment of the two courts as well as challenges, if any, or outcome(s) of his engagements with the United Nations, the EU, the US Government, and other international partners regarding the resource mobilization plan and results, including domestic resource mobilization through the budgetary process, pursuant this resolution,” the document said.
“That consistent with Chapter 2, Article 5(c) of the 1986 Constitution, the President shall issue an Executive Order to establish the Office of War Crimes (OWC) within the Ministry of Justice, and appoint forthwith, a Special Envoy or Officer-In-Charge (OIC), duly certified by the International Criminal Court (ICC) in The Hague, Netherlands, or the African Court on Human and Peoples’ Rights (ACtHPR) or any other International Courts and Tribunals with the relevant experience, qualification and competence in international criminal law and practice, to organize and coordinate all actions and activities regarding the Court and assist the President to mobilize resources and do all that is legally feasible, including the establishment of a secretariat, where applicable, to facilitate its operations and the successful implementation of its mandate, among others, done in consultation with the UN, the EU, the US, and/or other independent parties,” it added.
According to the Joint Resolution, to jump-start this renewed campaign of national reconciliation and healing as the final phase of Liberia’s recovery process, the President shall implement the following recommendations of the TRC; (a) Offer apology on behalf of the State to the many victims and the people of Liberia in general for its role in the conflict and for the injuries and losses sustained by individuals and communities.
Senator Francis Dopoe made a motion for the Liberian Senate to endorse the signed joint resolution and be sent to the House of Representatives for concurrence.
In remarks, Montserrado County Senator Saah Joseph said their decision has proven the public wrong about their opinion that the Liberian Senate was opposing the endorsement of the resolution.
He termed the move as historic, stressing that the decision is not intended to target any individual but meant to serve as a deterrence of what happened during the war.
Also speaking, Senator Abraham Darius Dillon thanked the President Pro-Tempore for her courage, adding that the action taken should send a message that indeed no crime should ever go unpunished.
