MONROVIA – Liberia’s renewed pursuit of transitional justice has entered a critical phase as lawmakers consider legislation establishing a War and Economic Crimes Court and a National Anti-Corruption Court. Addressing a legislative retreat in Buchanan, Senior Counselor Tiawan S. Gongloe framed the debate as a defining national moment with implications extending beyond law and politics. His presentation emphasized accountability, constitutional governance, international obligations, and the enduring consequences of impunity. As Liberia weighs how to address unresolved issues arising from years of conflict and corruption, the discussion increasingly centers on balancing justice, reconciliation, institutional legitimacy, and the rule of law. THE ANALYST reports.
Senior Counselor Tiawan S. Gongloe has urged members of the National Legislature to prioritize the establishment of a War and Economic Crimes Court, arguing that Liberia has a moral, legal, constitutional, and historical obligation to confront impunity and strengthen accountability.
Gongloe made the call during a presentation on Liberia’s Transitional Justice and Accountability Framework at a legislative retreat in Buchanan, Grand Bassa County, where lawmakers examined proposed legislation seeking to establish both a War and Economic Crimes Court and a National Anti-Corruption Court.
Addressing members of the Legislature, Gongloe thanked Executive Director Cllr. Jallah A. Barbu and the Office for the Establishment of the War and Economic Crimes Court for facilitating what he described as an important national discussion.
“The topic before us is not merely a legal issue. It is a national issue. It is a moral issue. It is a governance issue. It is a constitutional issue,” Gongloe stated. “It is an issue that will help define how history remembers this generation of Liberian leaders.”
He argued that decisions emerging from the retreat will influence whether Liberia strengthens the rule of law, confronts impunity, promotes reconciliation, attracts international confidence, and leaves a stronger foundation for future generations.
Roots Of Transitional Justice
Gongloe explained that transitional justice encompasses both judicial and non-judicial measures adopted by societies emerging from conflict or authoritarian rule to address serious human rights violations and breaches of international humanitarian law.
Such measures, he noted, include criminal prosecutions, truth commissions, reparations, institutional reforms, memorialization, and guarantees against recurrence.
According to Gongloe, Liberia’s transitional justice framework traces its origins to the Comprehensive Peace Agreement signed in Accra, Ghana, in August 2003.
One of the principal outcomes of that agreement was the establishment of the Truth and Reconciliation Commission (TRC), which investigated the causes of Liberia’s civil conflicts, documented atrocities, heard testimony from victims and perpetrators, and issued recommendations aimed at promoting justice, reconciliation, and sustainable peace.
Among those recommendations were accountability for individuals bearing the greatest responsibility for serious violations of international humanitarian law and human rights, accountability for certain economic crimes associated with the conflict, reparations for victims, institutional reforms, and measures to prevent the recurrence of violence and impunity.
“The question before Liberia today is therefore not whether accountability was recommended,” Gongloe emphasized. “The question is how accountability should be implemented in a manner that is constitutional, credible, fair, effective, and consistent with Liberia’s obligations under international law.”
International Obligations Highlighted
Gongloe reminded lawmakers that Liberia is a party to several international treaties imposing obligations concerning accountability for serious crimes.
These include the Geneva Conventions of 1949, Additional Protocol II, the International Covenant on Civil and Political Rights, the Convention Against Torture, and the African Charter on Human and Peoples’ Rights.
He placed particular emphasis on Article 27 of the Vienna Convention on the Law of Treaties, which provides that a state may not invoke domestic law as justification for failing to perform treaty obligations.
“Liberia cannot invoke deficiencies in domestic legislation, institutional weakness, political disagreements, or procedural obstacles as reasons for failing to discharge obligations voluntarily undertaken under international law,” Gongloe stated.
At the same time, he argued that Liberia must fulfill those obligations in a manner that respects constitutional governance and the rule of law.
According to Gongloe, the Legislature’s challenge is to harmonize international legal obligations with Liberia’s constitutional framework, a challenge faced by many countries emerging from conflict.
Case For War Crimes Court
Making the case for a War and Economic Crimes Court, Gongloe stressed that the objective is justice rather than revenge.
He argued that justice must serve victims, accused persons, communities, future generations, peace, reconciliation, and the rule of law.
“The objective of a War and Economic Crimes Court is not revenge. Its purpose is justice,” he declared.
Drawing lessons from the Special Court for Sierra Leone, Gongloe noted that the court focused on those bearing the greatest responsibility for serious violations of international humanitarian law and operated according to internationally recognized legal standards.
He recommended that any Liberian court adopt similar principles, including internationally accepted definitions of war crimes and crimes against humanity and adherence to the Geneva Conventions, customary international humanitarian law, and established international precedents.
“The Court should not become a vehicle for political scores or selective justice,” Gongloe cautioned. “Its legitimacy will depend upon its fairness. Its authority will depend upon its independence. Its success will depend upon public confidence.”
Priority Before Anti-Corruption Court
Gongloe urged lawmakers to give legislative priority to the War and Economic Crimes Court before considering legislation establishing a National Anti-Corruption Court.
He clarified that his recommendation should not be interpreted as minimizing the seriousness of corruption.
“Corruption remains one of Liberia’s greatest enemies,” Gongloe stated. “Corruption steals from the poor. Corruption weakens institutions. Corruption delays development. Corruption undermines confidence in government.”
Nevertheless, he argued that the proposed War and Economic Crimes Court addresses unfinished obligations arising from the Comprehensive Peace Agreement, the Truth and Reconciliation Commission process, and Liberia’s international commitments.
“For more than two decades, victims have waited. Families have waited. Communities have waited. History has waited,” he observed.
“The issue before us is therefore not merely the creation of another court. It is the completion of an unfinished national obligation.”
International Support Essential
Gongloe further emphasized the importance of international support, citing the experiences of both the Special Court for Sierra Leone and the International Criminal Tribunal for Rwanda.
He noted that both institutions benefited from international funding, expertise, legitimacy, and cooperation.
According to Gongloe, Liberia should actively engage the United Nations, the Economic Community of West African States (ECOWAS), the African Union, development partners, and international legal experts as part of its accountability efforts.
“This is not a surrender of sovereignty. It is an exercise of wisdom,” he stated.
He further encouraged Liberia to learn from successful international models rather than attempting to create entirely new approaches to transitional justice.
Constitutional Questions Raised
One of the most significant issues raised during Gongloe’s presentation concerned the final appellate authority for a proposed War and Economic Crimes Court.
Referring to Articles 65 and 66 of the Liberian Constitution, he noted that the Supreme Court of Liberia serves as the country’s highest judicial authority.
However, he pointed out that appeals from the Special Court for Sierra Leone did not go before Sierra Leone’s Supreme Court and that the Rwanda Tribunal similarly operated outside the jurisdiction of Rwanda’s highest court.
“This raises a profound question for Liberia,” Gongloe observed.
He asked whether the proposed court should function as an ordinary domestic court subject to Supreme Court review or as a genuine hybrid tribunal with its own final appellate chamber, similar to the model used in Sierra Leone.
Gongloe described the issue as fundamental to the character and credibility of any future court.
Ending Impunity Through Accountability
Turning to the proposed National Anti-Corruption Court, Gongloe acknowledged Liberia’s continuing struggle against corruption and endorsed stronger anti-corruption institutions.
However, he stressed that any anti-corruption court must fully respect constitutional protections, including due process and the presumption of innocence.
“A court established to protect the rule of law cannot be built upon violations of the rule of law,” he stated.
He further emphasized that the credibility of both proposed courts will depend heavily upon institutional independence, including independent judges, prosecutors, investigators, and funding mechanisms.
“The public must believe that these institutions serve justice and not politics,” Gongloe declared. “Justice must not only be done. Justice must be seen to be done.”
In concluding his presentation, Gongloe argued that both courts represent mechanisms for ending impunity and strengthening democratic governance.
“The opposite of impunity is not revenge,” he said. “The opposite of impunity is accountability.”
He urged lawmakers to choose justice over impunity, accountability over indifference, and the rule of law over expediency.
“The laws that you enact today will influence how history judges this generation of lawmakers tomorrow,” Gongloe concluded. “Let us ensure that when history records this moment, it will say that the Legislature of Liberia chose the rule of law over impunity, accountability over indifference, and justice over expediency.”