Liberia’s brutal civil wars, spanning from 1989 to 2003, left an indelible mark on the West African nation. The violence was characterized by mass atrocities, including forced recruitment of child soldiers, sexual violence, and summary executions. Militia leaders fueled the conflict through the illicit blood diamond trade, enabling them to acquire weapons and maintain control over vast regions of the country. The intertwining of economic incentives and warlordism perpetuated a system where power could be bought and sold at the barrel of a gun.
Following the cessation of hostilities, Liberia has been on a long and uncertain path toward recovery. Despite achieving relative peace, the wounds of war have not fully healed. In 2009, the Truth and Reconciliation Commission (TRC) recommended the establishment of a War and Economic Crimes Court, a tribunal designed to hold accountable those responsible for the atrocities and the economic plundering of the country. However, successive governments have largely ignored these recommendations.
Even Ellen Johnson Sirleaf, Liberia’s Nobel Peace Prize-winning president and a leader lauded for her role in Liberia’s stabilization, turned a blind eye to the TRC’s call for justice. Political expediency took precedence over justice, as many war-era figures retained influence. George Weah, her successor, followed a similar pattern. Weah’s administration was marred by protectionism and alliances with figures implicated in war crimes and corruption. His political alliance with Monrovia’s controversial mayor, Jefferson Koijee, a figure linked to war-era crimes, further eroded public trust in his ability to bring about justice.
The Arrival of Boakai and a New Hope
The 2023 elections marked a significant turning point when Joseph Boakai, Sirleaf’s former vice president, took office. At nearly 80 years old, Boakai expressed a desire to leave a meaningful legacy, centering on the establishment of the long-awaited War and Economic Crimes Court. In the eyes of many Liberians, the court represents a critical step toward healing and a long-overdue reckoning with the past.
Boakai’s early moves signaled a serious intent to deliver on his promise. He appointed Jonathan Massaquoi, a lawyer with significant experience in international law, to lead the effort. Massaquoi had previously defended Gibril Massaquoi (no relation), an accused war criminal acquitted in Finland and Liberia after it was revealed that Civitas Maxima, a Swiss human rights NGO, had orchestrated a cash-for-testimony scheme against him. Witnesses later admitted to being paid by Civitas Maxima’s Liberian partners to falsely implicate Gibril. The scandal tarnished the integrity of the war crimes trials in Liberia, raising questions about the role of certain international NGOs in manipulating justice for their own gain.
A Hybrid Approach to Justice
Jonathan Massaquoi, in his capacity as the court’s new appointee, has proposed a hybrid court model, similar to the successful Sierra Leone Special Tribunal. Established jointly by the United Nations and the Sierra Leone government, this tribunal prosecuted several key figures responsible for the atrocities in the neighboring country’s civil war, including former Liberian president Charles Taylor.
A hybrid court, combining international expertise with local knowledge, offers several advantages. It provides international resources and credibility while simultaneously ensuring that local investigators, judges, and lawyers receive the mentorship and training needed to strengthen Liberia’s judicial system. Such a model allows the court to operate with a level of impartiality and technical precision that may be difficult to achieve through purely domestic institutions.
Despite the merits of this approach, Liberia’s experience with the Civitas Maxima scandal has highlighted the dangers of relying too heavily on local partners or embracing a model that confuses legitimacy with local origination. The human rights industry, as the scandal demonstrated, can sometimes become a vehicle for opportunism. Groups can misuse their platforms to prioritize grant applications and organizational survival over genuine justice, leading to deeply flawed trials. Civitas Maxima’s role in the false accusations against Gibril Massaquoi was a stark reminder of these risks.
The Challenge of Corruption
Boakai faces an uphill battle. The corruption that derailed Liberia’s earlier attempts at justice has not disappeared. Instead of confronting these systemic issues head-on, some international human rights organizations have circled the wagons, shielding their local partners from accountability. Groups like Human Rights Watch and the California-based Center for Justice and Accountability have resisted efforts to root out corruption within Liberia’s justice system, prioritizing the protection of their partners over the broader pursuit of justice.
This protectionism has also manifested in political interference. Beth Van Schaack, a former Center for Justice and Accountability official who now holds a prominent position in the Biden administration, allegedly used her influence to obstruct the court’s progress. According to reports, she pressured Boakai to remove Jonathan Massaquoi from his position and hand control of the court to local civil society groups, some of whom had been implicated in the Civitas Maxima scandal.
Van Schaack’s actions reflect a broader problem within the human rights community, where political agendas often overshadow the pursuit of justice. By casting any criticism of her former Liberian partners as an attack on civil society, she undermines the very principles that these institutions are supposed to uphold. Boakai’s administration must resist such external pressure and focus on delivering a court that prioritizes justice over political convenience.
Boakai’s Legacy at Stake
Boakai’s desire to leave behind a legacy of justice is admirable, but his administration’s actions will determine whether that legacy endures. Thus far, his hesitancy to confront entrenched interests has fueled concerns that he may be too weak to bring about the changes Liberia desperately needs. His critics argue that he lacks the decisiveness required to stand up to powerful figures, both at home and abroad, who are invested in maintaining the status quo.
Liberia’s War and Economic Crimes Court represents a pivotal moment in the country’s post-war recovery. The court’s success or failure will not only shape Boakai’s legacy but also determine whether Liberia can finally achieve the justice that has eluded it for so long. The Sierra Leone Special Tribunal provides a proven model, one that balances international involvement with local capacity building. Boakai must embrace this model and resist the temptation to allow political or personal agendas to dictate the court’s direction.
For Liberia, the path to justice is fraught with challenges. Yet, it is only by confronting these challenges head-on, with transparency and integrity, that the country can truly heal from the wounds of its past.
Lisa Gomez
Jane Kachek
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