Liberia’s fight for justice and accountability takes center stage as prominent human rights advocate, Cllr. Tiawan Gongloe, urges the Liberian Senate to uphold the country’s international obligations and support the establishment of a war crimes tribunal. In a passionate open letter, Cllr. Gongloe emphasizes the importance of holding perpetrators accountable for grave breaches of humanitarian and human rights law, and warns against the dangers of impunity and obstruction of justice. The Analyst reports.
Prominent Liberian Human Rights Advocate, Cllr. Tiawan Gongloe, has communicated to the Liberian Senate, through President Pro-Tempore, urging that House of Elders to uphold international obligations and support war crimes tribunal.
In an open letter to the Liberian Senate, renowned human rights advocate Cllr. Tiawan Saye Gongloe has called on lawmakers to reject any legislation that would obstruct the establishment of a hybrid war crimes court, emphasizing Liberia’s binding international obligations to prosecute grave breaches of humanitarian and human rights law.
“Under the Geneva Conventions, Liberia must ‘search for and bring before its courts persons alleged to have committed, or to have ordered to be committed, grave breaches’,” Cllr. Gongloe wrote, adding: “Any legislative attempt to nullify or frustrate those obligations would be ultra vires and void under Article 2 of the 1986 Constitution, which upholds the rule of law and Liberia’s commitment to justice and international cooperation.”
Cllr. Gongloe stressed that the Senate’s duty is to give effect to treaties, not frustrate them, and that enacting laws that prevent the establishment of a War and Economic Crimes Court would constitute obstruction of justice and a violation of Liberia’s international commitments.
“The belief that peace can be preserved by ignoring accountability is a dangerous illusion,” Cllr. Gongloe stated. “Justice is not the enemy of peace but its indispensable companion. The Senate must stand on the side of law, justice, and humanity, not expediency or political convenience.”
The letter highlights Liberia’s obligations under international law, including the Geneva Conventions, the African Charter on Human and Peoples’ Rights, and the Rome Statute of the International Criminal Court.
He urged the Senate to await the formal submission of the War and Economic Crimes Court bill and ensure adequate appropriation in the 2026 National Budget to support the Secretariat’s work.
Cllr. Gongloe further said in the letter: “Let this Legislature be remembered not for shielding the guilty but for restoring Liberia’s moral credibility before its people and the world. The path to peace, development, and dignity runs through justice, not avoidance.”
Here is how he began the open letter: “I extend respectful greetings and deep appreciation for your national service as custodians of the Republic’s legislative authority under Article 29 of the 1986 Constitution of Liberia. I write in the spirit of patriotism and fidelity to the rule of law to urge the Senate not to enact, support, or approve any legislation that would obstruct the establishment of a tribunal or hybrid court for war crimes and crimes against humanity, or that would in any way undermine Liberia’s international legal obligations under the four Geneva Conventions of 1949, their Additional Protocols I and II(1977), the African Charter on Human and Peoples’ Rights (1981), the Rome Statute of the International Criminal Court (1998), and the Law of Treaties.
Liberia’s Binding International Obligations
He noted that Liberia is a State Party to the above-named treaties, each of which imposes a legal and moral duty to prevent and punish grave breaches of international humanitarian and human-rights law in the following manner:
Under the Geneva Conventions, Liberia must “search for and bring before its courts persons alleged to have committed, or to have ordered to be committed, grave breaches.”
Under the African Charter, Liberia is bound to “ensure the independence of the courts and the protection of the rights of man.”
Under the Rome Statute, Liberia recognizes that the International Criminal Court acts only when national authorities are unwilling or unable to prosecute—making domestic accountability a national duty.
According to him these obligations are binding; no organ of government—executive, legislative, or judicial—may lawfully contravene them.
The Supremacy of International Law
He highlighted Article 27 of the Vienna Convention on the Law of Treaties (1969) which provides that “A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.”
According to him, no constitutional or statutory clause can excuse non-compliance with international humanitarian or human-rights obligations, stating that by ratifying these instruments, Liberia accepted that its sovereignty must be exercised in harmony with international law. Any legislative attempt to nullify or frustrate those obligations would be ultra vires and void under Article 2 of the 1986 Constitution, which upholds the rule of law and Liberia’s commitment to justice and international cooperation.
The Legislature’s Constitutional Role
Gongloe quoted Article 34(f) of the Constitution which empowers the Legislature to “approve treaties, conventions and such other international agreements”and, by necessary implication, to ensure their implementation through appropriate legislation. The Senate’s duty is therefore to give effect to treaties, not to frustrate them.
“To enact any law that prevents the establishment of a Hybrid War and Economic Crimes Court would constitute obstruction of justice and a violation of Liberia’s solemn international commitments,” he said.
He urged the stated: “The Senate should, consistent with its own resolution on the implementation of the recommendations of the Truth and Reconciliation Commission (TRC)—particularly the establishment of a War and Economic Crimes Court—allow the Executive to submit to the Legislature the bill establishing that Court, as well as a separate bill establishing an Anti-Corruption Court.”
Continuing, Gongloe further stated: “It is public knowledge that the War and Economic Crimes Court Secretariat, headed by Cllr. Jallah Barboe (Ph.D.), a highly respected Counsellor and professor of law, former Executive Director of the Law Reform Commission, and former Dean of the Louis Arthur Grimes School of Law, has been diligently working—with the support of international criminal-law experts—on draft legislation for submission to the Legislature.
“In keeping with its prior resolution, the Senate should await the formal submission of these bills and, together with the House of Representatives, ensure adequate appropriation in the 2026 National Budget to support the Secretariat’s vital work toward the establishment of both the War and Economic Crimes Court and the Anti-Corruption Court.”
Lessons from Other Nations: The Failure of Purely Domestic Courts
Making comparable analysis, Gongloe reminded the Senate:
“Where attempts have been made to create purely domestic courts to address war crimes and crimes against humanity, the outcomes have been weak, politically compromised, and ineffective. The following are a few examples:
“In Uganda, the International Crimes Division (ICD) of the High Court has operated since 2008, but political interference and lack of resources have prevented it from trying senior perpetrators of atrocities committed by the Lord’s Resistance Army.
“In South Sudan, the promised Hybrid Court for South Sudan—intended to combine national and international participation—has been delayed for years, demonstrating that domestic control alone often stalls justice.
“In the Democratic Republic of Congo, national military tribunals have tried some cases, but poor capacity, corruption, and insecurity have denied victims meaningful accountability.”
He said these examples show that credible prosecution of mass atrocities requires hybrid mechanisms—courts that combine national ownership with international expertise and oversight. Liberia must learn from these experiences to avoid the failures of domestic isolation and ensure justice worthy of the victims’ suffering.
Justice Is the Foundation of Peace
The belief that peace can be preserved by ignoring accountability is a dangerous illusion. The experience of Sierra Leone, Rwanda, and the Habré trial in Senegal demonstrates that justice is not the enemy of peace but its indispensable companion.
Liberia’s Truth and Reconciliation Commission concluded in 2009 that impunity for wartime atrocities remains the greatest threat to reconciliation. Sixteen years later, victims still wait for closure while perpetrators enjoy privilege. This moral inversion cannot endure.
Peace without justice is the peace of the graveyard.
7. An Appeal to Conscience and Duty
Honourable Senators, every public official’s oath of office binds him or her to uphold and defend the Constitution and the laws of the Republic, including its international obligations. The Senate must therefore stand on the side of law, justice, and humanity, not expediency or political convenience.
Passing any law that obstructs accountability for war crimes would make the Senate complicit in the perpetuation of impunity and a betrayal of the Republic’s founding ideals.
Conclusion
Let this Legislature be remembered not for shielding the guilty but for restoring Liberia’s moral credibility before its people and the world. The path to peace, development, and dignity runs through justice, not avoidance.
No Constitution bars a nation from doing what is right.
No law can silence the cries of the innocent.
To obstruct justice is to betray the Republic.