By Precious D. Freeman
An international lawyer, Jonathan T. Massaquoi, has termed the resolution signed by the joint Houses for the establishment of the War and Economic Crimes Court as a document of good intent, but not a binding instrument for the establishment of the court.
Speaking in an interview with journalists at the Liberian National Bar Association Assembly 2024, Cllr. Massaquoi said there are procedures regarding the establishment of the court, which should come from President Joseph Boakai.
According to him, Liberians need to be aware that the actions by the both Houses is welcoming because it’s an expression of intent, but it is not binding.
‘’The resolution being passed by the lower House, as well as the Senate, is in good faith. It’s just an expression of intent that we want the court, but it’s not binding. So, even if the upper House concurs, it’s still not binding until the President follows the laid-down procedure.
Explaining the procedure for the establishment of the War and Economic Crimes Court, the Partner of the International Law Group (ILG) disclosed that President Boakai will have to do a letter to the United Nations Secretary General, which points out the country’s intention for the court, and sign an Executive Order establishing the office of the court.
‘’Here are the procedures for the establishment of the War and Economic Crimes Court. President Joseph Nyuma Boakai needs to send a letter to the Secretary General of the United Nations, António Guterres, and also sign an Executive Order establishing the office, to establish the court. This letter to the UN is an intent that they need the court,’’ Cllr. Massaquoi pointed out.
According to him, the Secretary General of the Security Council will forward the instrument to the UN Security Council, which will pass a resolution empowering him to enter an agreement with the Liberian Government.
Accordingly, he further added that once that agreement is signed by the United Nations Secretary General and the President of Liberia, it will be forwarded to the both Houses (Representative and Senate) for concurrence and ratification.
The acclaimed international lawyer added that it is the procedure that was used in neighboring Sierra Leone, Rwanda, South Africa, and other countries around the world.
Cllr. Massaquoi pointed out that Liberia ratified The Geneva Convention of 1949, which defines war crimes and crime against humanity and several other international treaties and conventions signed by Liberia.
According to him, the document named rape, child soldiers, extra judicial killing, murder, and mutilation, among others, as issues of war crimes, as being defined by the Convention.
Commenting on Nimba County Senator, Prince Y. Johnson, and several other warlords who claimed that they were given amnesty, Cllr. Massaquoi pointed out that there can be no law or Act to grant amnesty under the context of universal jurisdiction, and so all those individuals who should be held responsible for Liberia’s civil war must be called to account for their actions.
Cllr. Massaquoi urged that accountability and justice should be the hallmark of Liberia moving forward, adding that Liberia has the security capacity to establish the court, based on the commitment from the Ambassador-at-Large of the United States for Global Criminal Justice, Beth Van Schaack, to the Liberian government.
