Veteran human rights lawyer and former presidential candidate Cllr. Tiawan Saye Gongloe has sharply criticized a new proposal by some members of the Liberian Senate to establish a purely domestic War Crimes Court, warning that it would “betray victims, violate the law, and undermine Liberia’s credibility before the world.”
Speaking in reaction to the Senate’s latest draft bill, which calls for a War Crimes Court composed solely of Liberian judges and prosecutors under the judiciary, with appeals going directly to the Supreme Court, Gongloe described the move as “legislative bad faith” and a “direct violation” of Joint Resolution #JR-001/2024, jointly passed by both Houses of the Legislature earlier this year.
“The Senate cannot contradict its own resolution,” Cllr. Gongloe said.
Continuing, he noted: “Joint Resolution #JR-001/2024 clearly mandated the Executive Branch, not the Senate, to draft the legal framework for the War and Economic Crimes Court in consultation with national and international partners. What some senators are now doing is an act of bad faith and a betrayal of that process.”
Contradicting Their Own Law
The Joint Resolution, enacted on April 8, 2024, authorized the establishment of an Extraordinary Criminal Court for Liberia, specifically envisioned as a UN-backed Special War Crimes Court for Liberia (SWACCOL).
It called for collaboration with the United Nations, the European Union, and the United States, and emphasized both international and domestic participation.
The resolution also directed the President to appoint a Special Envoy or Officer-in-Charge, certified by the International Criminal Court or another international tribunal, to coordinate the court’s creation and ensure adherence to international standards.
“Nowhere does that Resolution empower the Senate to unilaterally write a new law,” Gongloe argued.
He further stated: “What they’re proposing is not what the Liberian people demanded. They are trying to downgrade an internationally credible tribunal into an ordinary national court that would be vulnerable to political interference.”
‘Sovereignty’ or Isolationism?
Some senators have defended the domestic approach, claiming it protects Liberia’s sovereignty.
But Cllr. Gongloe rejected that argument as “misguided and hypocritical.”
“Sovereignty should not be used as a shield for impunity. Liberia’s wars were not caused by foreigners. They were caused by bad governance, corruption, and abuse of power. To exclude international participation in the name of sovereignty is to repeat the same mistakes that caused our suffering,” he said.
The human right lawyer emphasized that Liberia, as a signatory to the Geneva Conventions and their Additional Protocols, has a legal duty to prosecute or extradite perpetrators of war crimes and serious violations of international humanitarian law.
Hybrid Courts Have Worked Elsewhere
Cllr. Gongloe pointed to the success of hybrid war crimes tribunals in other African countries.
“The Special Court for Sierra Leone, which combined local and international judges, delivered real justice; it convicted Charles Taylor,” Gongloe said.
He, amongst other things noted: “In Senegal, the Extraordinary African Chambers tried Hissène Habré. In the Central African Republic, a similar hybrid court is still operating effectively. These models prove that shared justice works.”
Cllr. Gongloe indicated that international organizations such as the Open Society Justice Initiative and CIVITAS Maxima, through the Global Justice and Research Project (GJRP), have already helped prosecute Liberian war crimes suspects in the United States and Europe.
“If Liberia’s war criminals can be tried in Philadelphia, London, and Paris, why can’t they be tried in Monrovia, with proper international oversight?” he asked.
Justice Anchored in Law, Peace Anchored in Justice
Gongloe stressed that the War and Economic Crimes Court is not an ordinary judicial body but a transitional justice mechanism that must be rooted in international law.
“We need a hybrid court with both Liberian and foreign judges, prosecutors, and investigators—preferably with a majority of international personnel,” he explained. “That’s the only way to guarantee impartiality and credibility.”
The one time presidential candidate warned that a purely domestic court would likely “become another compromised institution—strong on paper, weak in principle.”
A Dangerous Step Backward
Cllr. Gongloe concluded that the Senate’s unilateral move “violates Liberia’s own resolution, its moral duty to victims, and its commitments under international law.”
“Liberia cannot claim peace while protecting those who destroyed it,” he said. “True sovereignty is exercised through justice, not isolation.
According to him, the only way to honor the memory of war victims is through a credible, internationally anchored War and Economic Crimes Court.
