A woman holds a placard during a peaceful demonstration in the Liberian capital Monrovia, July 4, 2006, calling on the visiting U.N. Secretary General Kofi Annan to establish a war Crimes court in Liberia as a means to bring justice to the country. © 2006 REUTERS/Christopher Herwig
SOURCE: Human Rights Watch (HRW)
(Paris, October 10, 2022) – The trial of Kunti K., a Liberian alleged to have been the commander of a former armed group during the first Liberian civil war, on charges of crimes against humanity, is opening at the Paris Criminal Court on October 10, 2022. Bénédicte Jeannerod, France director at Human Rights Watch, will be at the court for the opening and available for media requests.
Human rights Watch, Amnesty International France, and the International Federation for Human Rights (FIDH) published a question-and-answer document on the trial on October 5.
“This trial is a significant step for justice for victims of atrocities committed in Liberia’s first civil war and highlights the importance of universal jurisdiction cases in France for victims of grave crimes,” said Bénédicte Jeannerod. “But France’s laws should be reformed so justice can be more available to victims of atrocities committed abroad.”
Who is Kunti K. and what are the charges against him?
Kunti K. is a 48-year-old alleged former commander of the United Liberation Movement of Liberia for Democracy (ULIMO). ULIMO is a rebel group that was active during Liberia’s first civil war, which lasted from 1989 to 1996, and during which extensive international crimes were committed.
French police arrested Kunti K. on September 4, 2018, in Paris, France. Earlier that year, the nongovernmental organization Civitas Maxima had filed a criminal complaint, which prompted the Paris prosecutor to start an investigation into his alleged responsibility for crimes against humanity.
In 2020, the prosecutor indicted Kunti K. for the crimes of torture and “barbaric acts,” such as acts of cannibalism, allegedly committed during the first Liberian civil war. After an appeal by the prosecutor in 2021, the charges were expanded to include crimes against humanity, including sexual violence.
2. What atrocities were committed in Liberia during its civil wars?
Liberia’s civil wars (1989-1996 and 1999-2003) were characterized by widespread and systematic violations of international human rights and humanitarian law. Domestic and international human rights groups, foreign embassies, the media, and the Liberian Truth and Reconciliation Commission (TRC) identified summary executions, massacres, rape and other forms of sexual violence, mutilation and torture, and forced conscription and use of child combatants, among the numerous abuses.
Crimes were committed by members of all parties to the conflict, government and rebel groups alike. This included the National Patriotic Front of Liberia (NPFL), the Independent National Patriotic Front of Liberia (INPFL), ULIMO and its splinter factions ULIMO-K and ULIMO-J, the Armed Forces of Liberia (AFL), the Liberian Peace Council (LPC), the government of Liberia (including various security forces), militias and the government-backed Anti-Terrorist Unit (ATU), the Movement for Democracy in Liberia (Model), Lofa Defense Force, and the Liberians United for Reconciliation and Democracy (LURD).
Fighters gunned down Liberian men, women, and children in their homes, villages, marketplaces, and places of worship. In a few cases, they massacred hundreds of civilians in a matter of hours. They subjected girls and women to horrific sexual violence including rape, gang rape, sexual slavery, torture, and outrages on personal dignity. They destroyed and looted villages. They abducted children from their homes and schools, and pressed them into service, often after murdering their parents in front of them. The violence blighted the lives of tens of thousands of civilians and displaced almost half the population.
The Economic Community of West African States Monitoring Group (ECOMOG), a multinational military force deployed to Liberia in 1990, was also implicated in the looting, harassment, and arbitrary detention of civilians, as well as indiscriminate airstrikes against civilians and civilian structures.
3. Why is Kunti K.’s trial taking place in France?
Kunti K.’s trial in France is possible because France recognizes universal jurisdiction over certain crimes under international law, allowing for the investigation and prosecution of these crimes regardless of where they were committed, and regardless of the nationality of the suspects or victims. The use of universal jurisdiction in France can be a crucial means to limit impunity for the most serious crimes, although the legal regime needs significant improvements to maximize its application to hold perpetrators to account (see question 13 for details).
When feasible, criminal accountability should be pursued as close as possible to where the crimes were committed. This is so that proceedings can have the greatest impact in the communities most affected by the crimes. But domestic prosecutions of atrocities are not always possible whether it is due to a lack of capacity, political will, or both.
To date, Liberia has not prosecuted a single person for international crimes committed during its two civil wars (see question 2 for details).
The trial of Kunti K. will be the first French universal jurisdiction trial not connected to the Rwandan genocide since 2012, when the French war crimes unit was established.
4. How long will the trial last and what are its possible outcomes?
Kunti K.’s trial is set to take place from October 10 until November 4, 2022. In France, trials involving the most serious crimes fall under the responsibility of the Paris Criminal Court (La Cour d’assises de Paris). The Paris Criminal Court is a court on which three judges sit, along with a jury of six people.
During the expected three weeks of the Kunti K. trial, the defendant and the victims will have their rights explained and evidence will be provided by witnesses and experts. Likewise, the content and findings of the investigation led by the investigative judges of the country’s war crimes unit, called « Pôle crimes contre l’humanité, crimes et délits de guerre » of the National Antiterrorist Unit (Parquet National Antiterroriste, PNAT), will be publicly debated. The judges and the jury will confidentially deliberate and issue a judgment on the charges. Following the judgment, both the prosecutor and the accused have ten days to appeal the court’s decision. If convicted, Kunti K. could face a sentence of up to life imprisonment.
5. What are the rights of the defendant during the trial?
Under international standards of fair trial, every person who is an accused in criminal proceedings has the right to due process which commence at the moment of arrest and continue through the verdict and any sentence. These rights include the presumption of innocence and the right against self-incrimination, the right to be represented by a lawyer and have adequate facilities to prepare a defense, to be present at the hearing, to examine witnesses, to have interpretation if needed, and to appeal.
In cases involving felonies or crimes punishable with imprisonment, the right to a lawyer exists from the first police interview through any trial. Before the Paris Criminal Court, where Kunti K. will be tried, representation by a lawyer is obligatory. If the accused person lacks sufficient resources to cover the costs of the proceedings, they have the right to request to be represented by a lawyer without charge. This right exists regardless of the nationality or residence of the accused.
With regard to the right to interpretation, which applies to all questionings and proceedings, a number of essential court documents must also be translated. French is not widely spoken in Liberia. English is the official language, and some Liberians speak local languages that are only native to their counties.
6. How can victims participate in the proceedings?
In France, victims can become a “civil party” at the investigative stage, as well as during a trial. A civil party is either a person who considers themselves the victim of an offense, or an organization with relevant interest in international crimes, which can apply for civil party status regardless of whether they have suffered direct harm. Ahead of the trial, civil parties can be crucial to bringing cases to the attention of prosecuting authorities. They have extensive rights at the investigative stage, such as accessing the entirety of the criminal file through their lawyers, requesting that specific investigative acts be undertaken, requesting an expert opinion, or filing legal submissions, among others. During a trial, civil parties can actively participate in the proceedings, such as by questioning witnesses. Civil parties may receive compensation for their injury in the event of a conviction. Eight victims and Civitas Maxima will be civil parties in the Kunti K. trial.
Civil parties must be represented by a lawyer during the course of the proceedings. In case they lack sufficient resources, they have the right to have a lawyer appointed to them without charge. They have several other rights, such as (i) the right to stay informed of the proceedings; (ii) the right to question witnesses; (iii) the right to make a statement before the court; and (iv) the right to appeal the decision in regard to their compensation. In this case, the civil parties will be represented by two French criminal lawyers.
The civil parties also have the right to interpretation. Even if it is challenging, it will be key that French authorities fulfill their obligation to provide interpretation to the civil parties, taking into account the appropriate language(s) necessary to make the proceedings accessible to both victims and witnesses.
If necessary, witnesses can also avail of a number of measures to protect their identity. Protection measures are limited to the territory of France, however, which brings challenges when witnesses are located outside of French borders.
Because universal jurisdiction cases often are tried in courts located far away from the victims’ communities, ensuring their participation and awareness of the proceedings can be challenging. To foster participation, French authorities usually provide reimbursement for expenses that arise for witnesses and civil parties, such as those related to travel. Considering the limited resources of the Liberian victims involved in the case, Civitas Maxima has made funds available in advance to allow victims to take part in the proceedings as much as possible.
Under French law, civil parties have the right to apply for reparations in the form of financial compensation or other appropriate measures to address physical, material, or emotional damages caused by the defendant. In the event of a conviction, a civil hearing to examine the claim for reparations will follow. The judges decide on the reparations without the participation of the jury.
7. How accessible is the trial to the public and affected communities in Liberia and elsewhere?
In France, subject to certain exceptions, criminal trials are typically open to the general public. The final judgment is always presented in open court.
Written records or transcripts of the trial generally are not accessible to the public and audio or video recordings of the trial generally are not prepared. However, parties can request a recording of the proceedings if it is “of interest for the creation of a historical archive of justice.” Such a recording must be requested at the Court of Appeal at least eight days prior to the beginning of the trial. In criminal trials involving crimes against humanity, as in Kunti K.’s trial, a recording request by the prosecutor should always be granted. Recording requests were granted in previous international crimes cases in France, for instance in cases relating to the Rwandan genocide, or to Pinochet-era crimes in Argentina and Chile. Civitas Maxima, in its role as a civil party, has requested recording of the Kunti K. trial which may be granted subject to judicial discretion.
If a recording is made, it may become publicly accessible after the final judgment is issued, and any appeal judgment, is rendered. However, this may take several years. In addition, the president of the Paris Criminal Court must approve the release of the recording. If no such approval is granted, the recording automatically becomes publicly accessible 50 years after the final judgement.
8. Have French authorities done any outreach to affected communities in Liberia?
French authorities have not reached out to affected communities in Liberia in advance of the trial. Research by Human Rights Watch and others has shown that the positive impact of accountability efforts on affected communities can strongly correlate to outreach efforts.
During a trial on the 2015 Bataclan terrorist attacks in Paris, French authorities made an audio webcast of the trial available for civil parties who were unable to travel to France. Such practices increase the accessibility of trials and can increase the impact of French trials dealing with international crimes. Outreach efforts should not be limited to terrorism cases and should be applied to all cases of serious crimes equally, whenever possible.
Nongovernmental organizations, such as Civitas Maxima and the Global Justice and Research Project, are working to ensure that Liberian communities can follow the proceedings. For example, they are collaborating with Liberian journalists to ensure they are able to attend and report on the trial and are directly reaching out to the local population in Liberia about the trial. Trial reports and summaries of the proceedings also will be published on the Civitas Maxima website.
9. What steps should the Liberian government take to ensure perpetrators of international crimes are held to account?
The Liberian government should request assistance from the United Nations and Liberia’s other international partners, including the United States, to establish a war crimes court for Liberia that can hold perpetrators to account through fair, credible trials.
In the aftermath of the conflicts, the Liberian government set up a Truth and Reconciliation Commission, which collected statements from approximately 20,000 people and heard direct testimony from over 800 Liberians, both in-country and from the diaspora. The commission was operational between 2006 and 2009.
The Truth and Reconciliation Commission recommended the creation of a war crimes court staffed by international and Liberian practitioners – the Extraordinary Criminal Court for Liberia – which would be mandated to try leaders of warring factions and other “most notorious perpetrators” for civil wars-related crimes. Lower-ranking perpetrators would be tried in existing courts or subject to noncriminal accountability measures.
More than a decade later, and despite intensified calls for accountability by domestic and international actors, including a video appeal released in 2019, a war crimes court has not been established, and Liberia has not prosecuted a single person for international crimes committed during its two armed conflicts.
President Weah raised hopes for accountability when he indicated he would consult on creation of a court at the UN General Assembly in 2018, but he has since essentially gone silent on the issue; simultaneously, Liberia’s senate has endorsed a concerning proposal to create a new commission to revisit the TRC’s mandate, analysis, and recommendations that would further delay justice for victims of the crimes.
10. Have there been other trials abroad?
As with Kunti K.’s case, all other cases involving alleged Liberian civil wars-era crimes have occurred outside Liberia in European and US courts.
In June 2021, Switzerland reached a landmark conviction for wartime crimes in Liberia when a Swiss court convicted Alieu Kosiah, a former United Liberation Movement of Liberia for Democracy commander, on the basis of Switzerland’s universal jurisdiction law. The defendant, Alieu Kosiah, was the first Liberian to be convicted for war crimes committed during the first Liberian civil war. The case is currently on appeal.
In 2008, a United States federal court convicted Chuckie Taylor, former head of the Anti-Terrorist Unit and son of former Liberian president Charles Taylor, for torture committed during the country’s second civil war.
Authorities abroad have also investigated, tried, and convicted individuals for crimes related to immigration that date back to the civil wars-era, such as lying on immigration forms about involvement in abuses in Liberia.
A US court convicted the former ULIMO leader, Mohammed Jabbateh, and the National Patriotic Front of Liberia spokesman, Jucontee Thomas Smith Woewiyu, for fraud and perjury related to their failure to disclose to US immigration authorities their involvement in alleged wartime crimes during the country’s first civil war.
In 2022, a US court indicted former Commanding General of the Armed Forces of Liberia Moses Wright for crimes relating to immigration fraud. He is suspected of lying about his involvement in human rights abuses in Liberia on immigration forms and interviews. In addition to criminal cases, a civil case by Liberian victims against Moses Thomas, a former Colonel in the Armed Forces of Liberia, affirmed his responsibility for a 1990 massacre, in which approximately 600 civilians were killed in a church. In August 2022, a Pennsylvania court issued a historic damages award totaling US$84 million to the four victims.
Civil wars-era crimes have also been the subject of other investigations, which have not progressed in a trial or resulted in an acquittal. For example, Belgian authorities arrested Martina Johnson, former commander of the NPFL, in 2014 for her alleged role in war crimes, but the case appears to have stalled.
In 2017, British authorities charged Agnes Reeves Taylor for her alleged role in torture in Liberia between December 1989 and January 1991, but the case was dismissed in 2019.
A Finnish trial of Gibril Massaquoi for alleged crimes in the second Liberian civil war ended in an acquittal in April 2022, as the court found that the charges were not proven beyond a reasonable doubt. That case is currently on appeal.
Civil society efforts have spurred much of this judicial activity, including the collaboration between the Monrovia-based Global Justice and Research Project and the Geneva-based Civitas Maxima, as well as the San Francisco-based Center for Justice and Accountability.
To read the question and answer document published by Human Rights Watch, Amnesty International, and FIDH, please visit:
https://www.hrw.org/news/2022/10/05/frances-trial-atrocities-committed-liberia
For more Human Rights Watch reporting on international justice, please visit:
https://www.hrw.org/topic/international-justice