By: Trokon S. Wrepue – trokon1992seokin@gmail.com
Monrovia – Human rights lawyer and political leader Cllr. Tiawan Saye Gongloe has strongly criticized the latest proposal in the Liberian Senate to establish a purely domestic War Crimes Court, calling the move “a betrayal of justice and legislative bad faith.”
In a commentary released over the weekend titled “A Domestic War Crimes Court Will Fail Liberia Again,” Cllr. Gongloe warned that the Senate’s proposed legislation contradicts Joint Resolution #JR-001/2024, which was jointly passed by both Houses of the Legislature earlier this year.
That resolution, he said, clearly directed the Executive Branch—not the Senate—to develop a legal framework for the establishment of an “Extraordinary Criminal Court for Liberia,” to be known as the UN-backed Special War Crimes Court for Liberia (SWACCOL). The resolution also emphasized international cooperation and participation from institutions such as the United Nations, the European Union, and the United States.
“Two senators have preempted and undermined the process by submitting their own bill,” Gongloe wrote. “This act is in clear violation of the Legislature’s own directive and reveals bad faith on the part of its sponsors.”
Violation of Legislative Mandate
According to Gongloe, the Senate’s new bill disregards the essence of the April 8 resolution by attempting to create a domestic court entirely under Liberian jurisdiction, with Liberian judges, prosecutors, and appeals going to the Supreme Court.
He said such an approach would “defy the Legislature’s own record and undermine the transitional justice process rooted in the Accra Peace Agreement,” which ended Liberia’s civil wars and called for accountability for atrocities committed between 1989 and 2003.
“Sovereignty” Argument Dismissed
Cllr. Gongloe dismissed the Senate’s justification that a domestic court would better protect Liberia’s sovereignty, calling it “misplaced and hypocritical.”
“Liberia’s civil wars were not caused by foreign interference—they were caused by bad governance, corruption, and contempt for human rights,” he stated. “To now use sovereignty as an excuse to exclude international participation is unpatriotic and contrary to international law.”
He noted that Liberia, as a signatory to the Geneva Conventions and their Additional Protocols, is bound to prosecute or extradite individuals responsible for war crimes. Failure to do so, he argued, would violate international law and dishonor the memory of the more than 300,000 Liberians who perished during the country’s conflicts.
Call for a Hybrid Court
The prominent lawyer and former presidential candidate reiterated that Liberia’s justice process must be modeled on successful hybrid tribunals such as those in Sierra Leone, Senegal, and the Central African Republic, which combine local and international judges to ensure impartiality and credibility.
He cited the Special Court for Sierra Leone—which convicted former Liberian president Charles Taylor—as a model for Liberia’s own process.
“Justice must comfort victims, reassure the accused, and restore the moral authority of the state. Only a credible hybrid court can achieve this,” Gongloe emphasized.
Warning of National Consequences
Cllr. Gongloe described the Senate’s unilateral move as “morally indefensible,” warning that it risks turning the long-awaited justice process into “another exercise in deception.”
He urged lawmakers to remain faithful to Liberia’s commitments under the Accra Peace Agreement, the Truth and Reconciliation Commission Act, the Rome Statute, and the Geneva Conventions.
“Liberia cannot claim peace while shielding impunity,” he wrote. “True sovereignty is exercised through justice, not isolation.”
Gongloe concluded that only a hybrid War and Economic Crimes Court, with both national and international participation, can fulfill Liberia’s promise of “Never Again.”
