The delay to vet and recruit nominees to replace the re-called executive director of the office of War and Economic Crimes Court is said to be undermining President Joseph N. Boakai executive director 131, to put in place the modalities and mechanisms to ensure the creation of the special war crimes court for Liberia and an anti-corruption court. The President’s decision on Cllr. Jonathan Massaqoui’s appointment came nearly two months of public outcry and demands for a more transparent and inclusive process in the selection of candidates for WECC’s office. However, President Boakai on August 15,2024 constituted a high level committee headed by Justice Minster Oswald Tweh, to nominate three individuals within twenty one (21) days and provide those names to the President to appoint one person as the Executive Director for WECC’s. According to a source close to the committee, they have met only one time, “since then we have not been notified of any meeting, whatever.” The source said wherever they placed a call to Justice Minister Tweh, he will tell them “I will call your back” they left on this until the 21days ultimatum is now running into two months now. President Boakai 21 days of the vetting committee ultimatum has expired since August 31, 2024. The Vetting Committee responsible to recruit and select the Principal Administrator of the War and Economic Crimes Court has unanimously adopted Terms of Reference (ToR) of the office of the court. According to a statement from the Ministry of Justice issued on September 6, 2024, Cllr. Oswald Tweh, the Minister of Justice and Attorney General, presented a draft ToR to the members for review, edits and inputs. The statement also disclosed that the ToR is holistic, comprising Academic, Professional, Delegating, and Supervisory competencies. “After a thorough review and inputs from across the table, the terms of reference were adopted and approved for publication”, the Ministry said. Cllr. Tweh, the release noted, met members of the Vetting Committee for the recruitment of the Executive Director for the War and Economic Crimes Court Office in the Conference Room of the Ministry of Justice. Other committee members present at the meeting, according to the statement, included Mr. George Kingsley – National Civil Society Council, Mr. Adama K. Dempster – Human Rights CSO, Cllr. T. Dempster Brown – Independent Human Rights Commission, and Cllr. Sylvester D. Rennie – President, Liberia National Bar Association.
Also, the Director General of the Cabinet, Nathaniel Kwabo, Cllr. Cora Hare-Konuwa , Deputy Minister for Codification, Ministry of Justice and the Special Assistant to the Minister of Justice, Atty. Siaffa Bahn Kemoka were also present at the one time meeting. The meeting was climaxed with a timetable for the publication of the Terms of Reference to solicit application from qualified candidates. Liberia’s fourteen-year civil war ended in 2003 with the signing of the Accra Comprehensive Peace Agreement (CPA). The CPA mandated the creation of a National Truth and Reconciliation Commission (TRC). The National Transitional Legislative Assembly of Liberia passed the Truth and Reconciliation Act in July 2005, thus establishing the Liberia Truth and Reconciliation Commission (TRC). The mandate of the TRC as stipulated in the statute creating it, included the investigation of major human rights violations between January 1979 and October 14, 2003, and the compilation of a report of its findings and recommendations to establish a comprehensive historical account of the conflict. In December 2009, following all its fact-finding activities, the TRC compiled a multi- volume comprehensive report of its findings. These findings, containing determinations and recommendations, addressed issues of justice, human rights, and other forms of impunity, the root causes of the conflicts, peacebuilding, and institutional reforms to stem the legacy of past abuses and prevent the country from experiencing the outbreak of violent conflicts of such nature in the future. The report contained over 200 recommendations, including Recommendations on Accountability to establish an Extraordinary Criminal Tribunal to redress cases of War Crimes, Crimes Against
Humanity, International Human Rights Violations, including violations of International Human
Rights and Humanitarian Law, and Recommendations on Accountability for Egregious Domestic Criminal Law Violations. On April 8, 2024, the House of Representatives of the 55th Legislature of Liberia passed Resolution # 001/2024, titled “The Mechanisms for the extraordinary of an extraordinary criminal court and domestic corruption court, war and economic crimes”. By passing Resolution # 001/2024, the House of Representatives approved the setting up of war and economic crimes courts for Liberia. The Liberian Senate concurred with Resolution #001/2024, resolution #001/2024, relying on Article 34 (b) (e) (i) (j), and Chapter 2, Article 5(c) of the 1986
Constitution of Liberia, implored the Executive Branch of Government to use its executive powers to issue an Executive Order setting out a mechanism which shall study and recommend the machinery and process relative to the establishment of this special war crimes court for Liberia. The War & Economic Crimes Court aims to prosecute persons and organizations identified as responsible for war crimes and crimes against humanity committed during the Liberian civil war between the periods 1979 and 2003, as well as the mechanism for the establishment of an anti- corruption court, subject to domestic jurisdiction and operating and guided by domestic jurisprudence, with power to adjudicate matters involving acts of corruption committed between 1979 to present.