The May 2nd, 2024, announcement by President Joseph Nyumah Boakai regarding Executive Order 131, which establishes the Office of the War and Economic Crimes Court, was heralded as a landmark moment in Liberia's long quest for justice. This declaration came two decades after the Comprehensive Peace Agreement ended hostilities and 15 years following the Truth and Reconciliation Commission (TRC) process. The air was thick with anticipation that justice and healing were finally on the horizon.
Liberians have endured the presence of perpetrators and financiers of the civil conflict in their governance structures. Thus, this announcement was met with a sense of relief and optimism across many communities. The hope was that the voices of those who suffered during the war years would be heard and redress sought. Implementing the TRC recommendations, primarily undermined by the influence of warlords and financiers, had left many yearning for true justice. Women and girls, in particular, who faced severe gender-based violence, looked forward to comprehensive documentation of these atrocities and subsequent support mechanisms for survivors, such as those living with fistula.
For advocates, this announcement represented a significant turning point. Many, personally affected by the conflict, saw it as an opportunity for accountability and healing, impacting stakeholders regionally and globally.
However, this optimism is now at a crossroads!
On June 20th, 2024, President Boakai appointed Cllr Jonathan Massaquoi as Executive Director of the Office of the War and Economic Crimes Court, which sparked significant outrage and scepticism. Critics point to Massaquoi's lack of neutrality due to his legal ties as a representative of Agnes Taylor, ex-wife of former President Charles Taylor, and Gibril Massaquoi, both named in the TRC for their roles in the brutal civil conflict. His involvement in their extraterritorial criminal defenses raises concerns about conflicts of interest, given that his clients should be subjects of investigation and potential trial once criminal prosecution commences.
Liberia's Knitted Society and Governance
With its intricate web of connections, Liberia's neo-patrimonial society often undermines democratic governance. Massaquoi's appointment exemplifies this issue. As a partner in the International Law Group, LLC, where the current Speaker of the Liberian Legislature is also a partner, Massaquoi's ties raise questions about influence and impartiality. Speaker Koffa's wife, Dama Yekeson-Koffa, is a relative of President Boakai, further complicating matters. Speaker Koffa is also a disbarred U.S. lawyer and former convict, highlighting the problematic nature of political appointments in Liberia and divided loyalty and patriotism. Furthermore, Koffa had just appointed in his office the daughter of a war financier and confidante of Charles Taylor. Benoni Urey is also mentioned in the TRC report for dealing with guns and smuggling natural resources.
This intricate web underscores why civil society's uproar cannot be dismissed. The recent appointment could potentially derail the justice and reconciliation process, placing it at the mercy of persons with complicated pasts, duality of interest and external partners. After two decades, Liberians cannot afford a false start or a compromised justice process.
Outsourcing the Liberian Justice Experience? The Boakai-Massaquoi-Koffa and the US Debacle
Power, influence, and connections are vital in understanding Liberia's governance dynamics. The United States has long played a significant role in Liberia, from its foundation to recent political developments. The TRC report details the U.S. government's direct and indirect involvement, including the support of rebel factions by the Firestone Corporation, a U.S. company still operating one of the largest rubber plantations in Liberia.
Recent visits by US officials, such as Dr. Beth Van Schaack, Ambassador-at-Large for Global Criminal Justice, have fueled concerns about external influence in Liberia's justice process. A visible contention exists between US figures like Congressman Chris Smith and Alan White over leadership roles in the War and Economic Crimes Court. A Koffa-Massaquoi process remains at the mercy of external (US particularly) and national (warlords and beneficiaries of the war years) counterparts, who may have agendas not associated with ordinary Liberians' common purpose and goal of justice, national healing and reconciliation.
This external brawl impacts national stakeholders, further complicating the situation. Liberia cannot afford to miss the opportunity to tell its history and ensure accountability for past atrocities in this complex landscape. The involvement of figures like Massaquoi and Koffa and perceived US interests raise fears of a performative approach to justice that undermines genuine accountability.
Implications of National Government Outsourcing Funding Obligations
Reliance on external financial assistance for prosecuting war crimes poses significant risks. Politically, it may undermine Liberia's autonomy and the legitimacy of its judicial process. While international involvement can bring resources and expertise, it may also be seen as neocolonial interference, eroding national authority and confidence in the judicial system. This dependency might prioritize donor interests over local needs, skewing the justice process and sidelining critical domestic concerns.
Socially, the quest for justice is crucial for national healing and reconciliation. However, addressing the atrocities of the civil wars requires a balanced approach. Effective prosecution of war crimes is necessary to deter future violations and demonstrate that impunity will not be tolerated. Yet, focusing solely on prosecutions without integrating truth-telling, reparations, and community-building initiatives risks deepening existing animosities and threatening the fragile peace.
In conclusion, the credibility and neutrality of whoever heads the Liberian justice process are cardinal in seeking justice. President Boakai must not fan a false start. Furthermore, while external financial support is vital for Liberia's criminal prosecution efforts, it must be managed carefully to avoid undermining national autonomy and genuine justice. A balanced approach that considers national interests and integrates international assistance with locally driven initiatives is essential for Liberia's long-term stability and peace.