The issue of prosecutions

HRW September 2005

Much debate exists in Liberia about whether to prosecute those individuals responsible for war crimes and crimes against humanity committed during the country’s armed conflicts. While some church, human rights and other civil society leaders have repeatedly stressed the importance of gross perpetrators facing justice for their crimes, the prevailing opinion among Liberian government officials, ECOWAS representatives, and Western governments has been that any hint of prosecutions could undermine efforts to consolidate the peace process. They have also intimated that after the elections, it will be up to the new government to take a position on the issue.

Interviews with Liberian human rights activists and a recent survey of public attitudes about the importance of accountability for abuses committed during the war suggest that considerable support exists for limited prosecutions of those responsible for the most serious violations. A survey commissioned by the Liberian Transitional Justice Working Group on attitudes about justice for past atrocities found that fifty-nine percent of Liberians believe that faction leaders and commanders alleged to have ordered or committed widespread human rights abuses should be prosecuted in formal legal proceedings. Liberian civil society leaders are also adamant that individuals who committed serious human rights violations should eventually be prosecuted. It is a conviction among these activists that the TRC, which will recommend prosecutions in certain cases, is the first step towards holding certain individuals accountable in the courts.

The newly elected government must demonstrate its commitment to the rule of law and respect for human rights both now and in the future by committing to prosecute key individuals responsible for atrocities that marked Liberia’s armed conflicts. Holding accountable those individuals on all sides responsible for serious international crimes committed in the Liberian wars is an indispensable part of combating the historic culture of impunity and ensuring that peace and stability in Liberia take root.

Those organizations working to consolidate stability in Liberia, namely the United Nations, the United States, the African Union, and the Economic Community of West African States (ECOWAS), must work to develop a concrete strategy to bring to justice those who bear the greatest responsibility for the most serious human rights crimes committed. Given serious concerns about the ability and willingness of the Liberian national courts to try these crimes as well as concerns about the degree of social and political instability in the country, justice for victims of serious international crimes in Liberia will likely require considerable support and engagement from the international community.

Prosecutions in Liberia could take several forms including: 1) pursuing justice using the existing criminal justice system within Liberia; 2) creating a purely international criminal tribunal; 3) creating a mixed international-national tribunal similar to the Special Court for Sierra Leone; or 4) establishing a chamber within the domestic justice system of Liberia that includes the participation of international judges and staff.

Human Rights Watch takes the view that national courts have primary responsibility for prosecutions of crimes committed within national borders. However, when national justice systems are unwilling or unable to prosecute serious violations of international law, alternative judicial mechanisms, such as an international or mixed national-international tribunal, may be necessary to ensure that justice is done. Given the political and technical sensitivities of such prosecutions in Liberia, it is likely that considerable foreign involvement will be required.
In the words of one human rights activist: “Prosecuting Charles Taylor would be a groundbreaking moment in the fight against impunity in West Africa. If we want to create a new society, Charles Taylor cannot be left alone in Nigeria.” Jacques Klein, the former SRSG in Liberia, readily admitted that “Charles Taylor is a dark cloud over everything we do here.”

Despite mounting international pressure from African countries, the United Nations, the European Union and the United States, Nigeria continues to resist surrendering Taylor to the Special Court for Sierra Leone. The first public call for Nigeria to surrender Taylor to face trial came from the European Parliament in February 2005 in the form of a resolution. In May 2005, the U.S. House of Representatives and Senate passed similar resolutions. During a visit to West Africa in July 2005, the U.N. High Commissioner for Human Rights Louise Arbour called for Taylor to appear for trial at the Special Court for Sierra Leone and for African leaders to urge President Obasanjo to hand over Taylor. Also in July 2005, the Mano River Union issued a communiqué, which agreed to call for a review of Taylor's temporary stay in Nigeria.

The newly elected government must as a matter of priority ask Nigeria to surrender Charles Taylor to the Special Court for Sierra Leone for prosecution. Given that Taylor’s prosecution by the SCSL does not preclude him from being tried for crimes he allegedly committed in Liberia, the new government must also ensure that he is held accountable for alleged war crimes and crimes against humanity he is accused of having committed in Liberia. (http://hrw.org/backgrounder/africa/liberia0905/4.htm )