Cllr. Frederick Jayweh Expresses Serious Concern: “Unfavorable And Not Impressive News” About Possible Eviction Of WECC From Its Offices

PHOTO: Cllr. Frederick A.B. Jayweh

By Our Staff Writer

A prominent Liberian human rights lawyer currently based in the United States, Cllr, Frederick A.B. Jayweh has expressed serious concern about the level of financial and logistical support to the War and Economic Crimes Court Office, which is supposed to lay the groundwork for the prosecution of alleged perpetrators of the carnage that killed about 250,000 people in Liberia’s civil war. The war formally ended in 2003

In an open letter addressed to President Byuma Boakai to be delivered on Monday, January 6, 2025, a copy which is in this news outlet’s possession, Cllr. Jayweh said:

“Mr. President, whether you and the UP-led Government know and appreciate it or not, is a shame and total disgrace for the Liberia’s War and Economic Crimes Courts to be EVICTED and publicly EJECTED from its office space owing to your government failure and refusal to PAY the RENT.  Mr. President, Liberia’s obligation to honestly and impartially setup and operate the War and Economic Crimes Courts in Liberia is and remains you and your government’s responsibility.”

In his 20-page letter to President Boakai, the prominent Liberian lawyer, who is International Affairs Director, Center for Law & Human Rights, Inc. based in Denver, Colorado, USA, highlighted the urgent need to prioritize support to the war and economic crimes court, given the serious atrocities committed during Liberia’s 14 years brutal civil war,

Officials of the office had earlier spoken of the need for increased financial and logistical support to the WECC.

Cllr. Jayweh mentioned not only war crimes but crimes against humanity committed by former warlords and their band of rebel fighters throughout this small West African state, including “Murder, Extermination,  Enslavement, Deportation or forcible transfer of a population, Imprisonment or other severe deprivation of physical liberty in violation of Fundamental rule of international law and international human rights law.”

The prominent human rights lawyer added that “Liberia’s prolonged failure to adequately fund, respect and uphold its international obligation”.

Surrounded by American and other Western diplomats as well as top Liberian government officials, President Boakai, who took office three months ago, signed Executive Order #131 at the Executive Mansion in Monrovia on Thursday, May 2, 2024.

SEE FULL TEXT OF CLLR. JAYWEH’S LETTER BELOW:

January 6, 2025

H.E Joseph Nuymah Boakai

President of the Republic of Liberia

Executive Mansion

P.O. Box 9001

Capitol Hill

Monrovia, Republic of Liberia

IN RE: A Request to Fund the War and Economic Court

Dear President Boakai,

We write to bring you and the people of Liberia New Year greetings and to humbly seize this opportunity to give you and your government our expert and professional advice with reference to swiftly and timely budgeting and adequately funding the programs and activities of Liberia’s War and Economic Crimes Courts. We write and wish to take this opportunity to further clarify whether the Government of Liberia should fairly and transparently implement the long-standing and overdue Final Report and Recommendations of the True and Reconciliation Commission (TRC), rendered and submitted to the Government of Liberia a little over 14 years ago.

Mr. President and the Government of Liberia, please permit us to write to remind you that after sitting and deliberating for  more than 3 years, the Truth and Reconciliation Commission of Liberia, (TRC), researched, wrote, concluded, released, and accordingly submitted its Final Report and Recommendations with respect to the rule of law and human rights and per the laws of Liberia and consistent with its mandate and power to the Government of Liberia. The Final Report and Recommendations of the TRC were written according to and consistent with Articles IV, Section 4, letters (a)-(f) and Article VII, Section 26, letters (a)-(h) of the Act that created the Truth and Reconciliation Commission (TRC), Approved June 10, 2005, and published by authority of the Ministry of Foreign Affairs of the Republic of Liberia on June 22, 2005.

Thus, the Key elements and mechanisms that made up the Final Report and recommendations of the TRC are herein stated to wit:

1) THAT the National Legislature (Senate and House of Representatives) of Liberia enact into law and accordingly proceed to establish in Liberia a specialized UN-backed war and economic crime courts to investigate, indict, and swiftly prosecute all human rights and international humanitarian laws offenders and violators of the laws of war and human rights in Liberia from

December 24, 1989, to August 22, 2003.

2) THAT all leaders of the warring factions in Liberia be immediately and accordingly indicted, arrested, and prosecuted for allegedly and intentionally committing War crimes, crimes against humanity, and Economic and financial crimes in Liberia and against the peace, stability and

security of Liberia and residents of Liberia with conscious known impunity.

3) THAT all most notorious perpetrators of war crimes, crimes against humanity, and economic crimes be also swiftly indicted, arrested, and prosecuted for violating international human rights law, international humanitarian law, international criminal law, the laws of war, and Liberia’s substantive and criminal procedure law as contained in 1LCLR and II LCR.

4) THAT all individuals and persons charged with committing economic and financially in Liberia associated with war crimes in Liberia from Dec 24, 1989, to August 22, 2003, such violators be swiftly indicted, arrested and prosecuted and if found guilty, be sentenced according to Liberia’s domestic laws, the laws of war, and financial and economic crimes in Liberia.

5) THAT all known political leaders and financiers of Liberia’s warring factions and their activities in Liberia be recommended and banned from holding public office in Liberia for 30 years for accordingly aiding and abetting war crimes and crimes against humanity in Liberia.

Mr. President and the Government of Liberia, we need not remind you and the people of Liberia that the Truth and Reconciliation Commission, (TRC), reached the above and foregoing determinations and recommendations by firmly and carefully relying on the following principles and sources of Liberia’s domestic laws, the laws of war, international human rights law, and the

Rome Statute of which the Republic of Liberia has acceded to and is a party.

1. A) The Mandate of the TRC

Article IV, section 4 of the TRC Act of June 10, 2005, unequivocally states and provides that the objective and purpose of the TRC shall be to promote national peace, security, unity, and reconciliation in Liberia by accordingly and fearlessly:

1) Investigating gross human rights violations and violations of international humanitarian law, the laws of war, the Geneva Convention of 1949 and their 1977 Additional Protocols, and other violations and abuses that occurred in the Republic of Liberia, including the crimes of torture, massacres, sexual abuses, murder, extra-judicial killings, and economic and other financially motivated crimes in Liberia and against the people of Liberia that emanate from Dec 24, 1989, to Aug 22, 2003.

2)  Providing a forum that will address all issues of impunity, as well as an opportunity for both the victims/survivors and perpetrators of war crimes and human rights violations to share their experiences to create a clear picture and structure of the past to facilitate genuine psychosocial healing and reconciliation in Liberia and for the people of Liberia.

3)  Investigating the antecedents of the crises that gave rise to and impacted the violent conflict in Liberia that lasted from December 24, 1989, to August 22, 2003.

4)  Conducting a critical review of Liberia’s historical past to address falsehoods and misconceptions about our nation’s past socio-economic and socio-political development. 

5)  Adopting specific mechanisms and procedures to address the experiences of women, children, and vulnerable groups, with particular attention to gender-based violations as well as child soldiers’ issues, and recommend measures that will bring about national reconciliation, recovery, healing, and respect for human rights of ALL in Liberia; And,

6) Compiling a report that will include a comprehensive and conclusive account of the activities of the True and Reconciliation Commission (TRC) and its findings. The Act Creating the Truth and Reconciliation Commission of Liberia (TRC), Article IV, Section 4 (a)-(f), Pages 4 and 5.

Mr. President, apart from the mandate of the TRC highlighted and stated above, Section 26 (b) of the Act of the TRC, empowered the TRC where possible, to identify persons, authorities, institutions, and organizations associated with and involved in human rights violation in Liberia.  The TRC was also mandated to make recommendations to the Head of State of Liberia to hold prosecution regarding cases that the TRC may deem fit and appropriate for the development and the growth of the rule of law, equal justice, and national healing. Article IV, Section 4, (a)(b) to letter (f) of the Act creating the TRC and published on June 22, A.D. 2005.

Further and consistent with its statutory mandate and power, after collecting evidence, and conducting investigations and hearings for over three (3) years, the TRC determined and recommended that all heads of warring factions, most notorious perpetrators, and all persons charged with committing economic and war crimes and the violation of laws of war in Liberia, be indicted, and swiftly prosecuted by a specialized UN-backed war and economic crime courts to be established in Liberia. The TRC, also recommended that all political leaders and sponsors of the warring factions in Liberia, be sanctioned from holding public office for 30 years.

The foregoing determinations and findings of the TRC have caused great upset and uncertainty amongst some Liberians residing in foreign parts and in Liberia to support or denounce the recommendations and findings of the TRC. Today, there are those, who think that the TRC had no legal power or authority to find or recommend the prosecution and sanctioning of any Liberian from holding public office for 30 years in Liberia for financing and supporting warring factions and the war in Liberia, arguing due process of law. To the contrary, Liberians that support the final report and recommendations of the TRC, have for nearly 14 years, encouraged the Government of Liberia to proceed and swiftly implement the final report of the TRC as mandated by the June 22, 2005, Act that created the TRC; contending that the Report is backed by both Liberia’s domestic laws, international law, the laws of war a and the Rome Statute.

Mr. President, every Liberian knows, and we can all bear witness that from 1989 to 2003, Liberia and its people were engulfed and deeply overwhelmed by a bitter and bloody armed conflict. The outcome of this conflict destroyed the lives of about 250,000 Liberians and residents, and the fabric of the Liberian society. We all also do know and can attest that the war in Liberia was started and prosecuted by the National Patriotic Front of Liberia, (NPFL), and later embraced by the Independent National Patriotic Front of Liberia (INPFL); ULIMO & ULIMO-J; ULIMO & ULIMO-K; Liberia Peace Council (LPC); the Lofa Defense Force (LDF); MODEL and LURD warring factions. We also know that the Armed Forces of Liberia (AFL), which is the National Army of the Republic of Liberia, constitutionally charged with the responsibility of providing protection for ALL Liberians, became a party to the conflict when it signaled out other groups of Liberians based upon their ethnicity or opposition to the government of the day, for extermination. The Lutheran Church Massacre in July of 1990 is a glaring example of the AFL’s violation of its oath to protect ALL Liberians. For nearly 14 years, the following warring factions, their leaders, and associates are believed and known to have knowingly committed gross violations of international human rights law, serious violations of international humanitarian law, the laws of war, economic crimes, and crimes against humanity in Liberia.

Mr. President and the Government of Liberia, regrettably and painfully between December 24, 1989, to August 22, 2003, Liberia’s accused warlords and their associates are reported to have knowingly and intentionally committed the foregoing crimes in Liberia with impunity:

1. B) Crime Against Humanity

Mr. President and the Government of Liberia, under international law, international human rights law, international humanitarian law, the laws of war, and under the Rome Statute, an accused is guilty of crimes against humanity and war crimes, if he/she systematically directs attacks against a civilian population with the knowledge and appreciation that said attacks will cause the following crimes to be committed in violation of international law, the laws of war, and international human rights law:

1. I. Murder
2. Extermination

iii.   Enslavement

1. Deportation or forcible transfer of a population
2. Imprisonment or other severe deprivation of physical liberty in violation of
   Fundamental rule of international law and international human rights law.
3. Torture
4. Rape, sexual slavery, enforced prostitution, forced pregnancy, etc., and by,

vii. Committing persecution against any identifiable group or collectivity on political, racial,
National, ethnic, cultural, religious, gender-based violence grounds, as defined in paragraph 3, or other grounds that are universally recognized and considered impermissible under international law, international human rights law, international humanitarian law, the laws of war, and the
Enforced disappearance of persons or members of a civilian population, as was systematically the case and allegedly carried out in Liberia by Liberia’s perceived warlords and economic criminals. 

III. Gross Violations of Human Rights

1)Murder

An accused is guilty of committing gross human rights violation such as murder if he/she knowingly, intentionally, and purposely causes the death of another human being or causes the death of another human being under circumstances that manifest extreme indifference to the value of human life, and the perpetrator kills one of more people willfully and with directed impunity.  Penal Law, Liberian Codes Revised, Vol IV, Title 26, Section 14.1 (a) and (b), and Rome Statute, War Crimes (1) and (2) (a)(i) -(vi), Done 17 July 1998, in force 1 July 2002, International Human Rights Law and the Rome Statute. 

2)  Extermination

The perpetrator kills one or more people, including by the intentional infliction of conditions of life, such as deprivation of access to food, and medicine, calculated to bring about the destruction of a civilian population. Such conduct constituted or took place as part of a mass killing of members of a civilian population or a certain group of people. Starting 24 December 1989, to 22 August 2003, Liberia’s accused warlords and economic criminals purposefully and reportedly committed these crimes with impunity.

3)  Torture

The perpetrator intentionally inflicts severe physical and mental pain or suffering upon one or more groups of people. Such person or persons were in the custody or under the control of the perpetrator (s). Such pain and suffering did not arise from and was not inherent in, or incidental to a lawful sanction. In the context of international human rights law and the laws of war, it is understood that no specific purpose or direct cause needs to be established for the following crimes to be raised as war crimes.

4)  Taking of Hostages:

The perpetrator seizes, detains, or otherwise holds hostage one or more people. The perpetrator threatened to kill, injure, or continues to detain such person or persons for personal or financial gain and material benefit, as were accordingly and systematically carried out by all of Liberia’s accused warlords and alleged economic and financial criminals from December 24, 1989, to August 22, 2003.

5)  Outrages upon Personal Dignity:

The perpetrator humiliates, degrades, or otherwise violates the dignity of one or more people.

The severity of the humiliation, dilapidation, or other violation was of such degree that it could be, considered and recognized under international law and the laws of war as an outrage upon the personal dignity of unarmed Liberians and residents and the civilian people of Liberia. 

6)  Kidnapping:

An accused is guilty of kidnapping, if he/she unlawfully removes another from his/her place of residence or business, or substantial distance from the vicinity where he/he is found, or if he/she unlawfully confines another for a substantial period in a place of isolation, bearing any of the following thoughts and/or purposes of his/her crimes squarely and reportedly bearing in mind such as:

1. To take hold of his/her victims for ransom or reward
   ii.  To take hold of and use him/her as a shield or hostage
   iii. To take or hold him/her in a condition of involuntary servitude
   iv. To facilitate the commission of any felony or flight thereafter; and
   v.  To inflict bodily injury on or to terrorize, the victim or another.
2. C) Economic Crime:
3. A)  Economic Crime: – A person is guilty of a first-degree felony, if he/she, engages in any activity by a public or private person of any nationality, or domestic or international corporate entity conducting or facilitating business in or related to Liberia, or on behalf of the Liberian government, a Liberian business, or Liberian resident, or citizen, that generates illicit incomes either individually or collectively or in any organized manner by engaging in fraud, narcotic drug trafficking, money laundering, capital flight, embezzlement, bribery, looting, and any form of corruption and malpractices, etc. against a nation-state and/or its people, as these were done by all accused Liberia’s warlords and alleged economic criminals.
4. D) Fraud on the Internal Revenue of Liberia:

A person is guilty of a First-degree felony if he/she:

Knowingly conspires or colludes with another to defraud the Government and people of Liberia or
Knowingly makes an opportunity for any person to defraud the Government and people of
Liberia by and through his/her associates.

Does or omits to do any act with intent to enable another to defraud the Government and people of Liberia; and, if he/she:

2003. Makes or signs any fraudulent entry in any book or record of any Ministry or
      Agency of the Government or signs any fraudulent certificate, return, or statement. The list could go on when it comes to economic and financial crimes reportedly committed in Liberia by all of Liberia’s accused warlords and economic criminals, from December 24, 1989, to August 22, 2003.

Mr. President, we are all fully aware and we are witnesses to the fact that during the nearly 15 years of armed conflict in Liberia, all the warring factions and their leaders allegedly violated all the provisions and principles of Liberia’s domestic and international laws cited above during the armed conflict in Liberia. The Final Report and Recommendations of the TRC are firmly backed by Liberia’s domestic law and international law, Liberia and its people, can no longer afford to sidestep and discount Liberia’s impartial international role and obligation to fairly and transparently implement the Final Report and Recommendations of the TRC with total impartiality and no seeming conflict of interest.

1. E) Individual Criminal Responsibility

Consistent with the Rome Statute, any person who plans, instigates, commits, aids, and abets in the planning, preparation, or execution of a crime, is responsible for that crime. Further, any person, or persons, groups, or entities involved in a joint criminal enterprise or conspiracy including those that planned, instigated, ordered, committed, aided, or abetted the planning, preparation or execution of any crime referred to under international human rights law, international humanitarian law, the laws of war, irrespective of the perpetrator’s official position, whether a President or Head of State, government official, or elected representative, irrespective of the accused citizenship or status in the society, such person shall not be absolved from criminal responsibility nor mitigate the punishment for committing war crimes, economic crimes, and crimes against humanity; as was convincingly prosecuted by all of Liberia’s accused warlords and economic criminals starting from December 24, 1989, to August 22, 2003.

All the warring factions and their leaders are clearly and unequivocally responsible individually and collectively for the crimes that they committed in Liberia from 1989 to 2003. We, also collectively know, and are strongly encouraging the Government of Liberia to swiftly implement the final report of the TRC, because all Liberia’s accused warring factions and their leaders, notoriously and openly, committed violations of international human rights law, international humanitarian law, and the laws of war, from December 24, 1989, to August 22, 2003, with impunity. Since all the crimes listed and named in this letter are of international character, Liberia’s obligation to impartially proceed and implement the Final Report of the TRC is long overdue and such prosecutorial engagement, entirely trumps Liberia’s statutory and domestic laws.

Mr. President and the Government of Liberia, whether it be in the time of war or peace time, state and non-state actors’ obligation under international human rights law, international humanitarian law, or the laws of war, and the Rome Statute are never suspended when it comes to promoting, respecting, and upholding the Rule of law and human rights compliance in Liberia. We, strongly the support the impartial implementation of the Final Report and Recommendations of the TRC and we strongly recommend that all warring faction leaders, supporters, and their financiers be swiftly indicted, arrested, tried, and if found guilty be sentenced with impartiality and without any form of conflict of interest attributed to the role and function of the Liberian Government.

As an international obligation, the burden and responsibility to impartially implement the Final Report and Recommendations of the TRC by the Government and people of Liberia not only trumps Liberia’s domestic laws, this obligation and burden are squarely placed on the shoulders of your government, the Government of the Republic of Liberia. 

1. F) Reported Notorious Warlords

• Charles G. Taylor, former Leader, and ALL key Associates of NPFL
• General Prince Y. Johnson, former Leader of the INPFL, and key Associates of INPFL
• Prof Alhaji G. Kromah, former Leader of ULIMO-K, and key Associates of ULIMO-K
• George S. Boley, former Leader of LPC, and all key Associates of LPC
• Sekou D. Konneh, former Leaders of LURD, and key Associates of LURD
• Thomas Yaya Nimley, former Leader of MODEL, and key Associates of MODEL
• Rosevelt D. Johnson, former Leader of ULIMO-J and key Associates of ULIMO-J

Mr. President and the Government of Liberia, the following accused Liberia’s warlords, and perceived economic criminals, deserve their impartial day in court by the swift, fair, unbiased and timely implementation of the Final Report and Recommendations of the TRC, by the Government of Liberia. This will do justice to Liberia’s war victims and survivors of Liberia’s bitter and bloody civil war. Liberia’s international integrity and credibility is on the line by Liberia’s prolonged failure to adequately fund, respect and uphold its international obligation. The Final Report and Recommendations of the TRC, remain a defining international obligation and an inescapable burden placed on the shoulders of your Government and the Government of Liberia. 

1. F) Appointment of Cllr. Jallah Barbu

Mr. President, the impartial creation and establishment of the War and Economic Crime Courts in Liberia comes with enormous and far-reaching responsibilities, consequences and international obligations that Liberia cannot and should never discount. Hence, we have carefully outlined and underscored several provisions of the controlling international human rights law, the laws of war, the Rome Statute, and some provisions of Liberia’s domestic statute to emphasize Liberia’s international obligation to make sure that a truly fair and an unbiased War and Economic Crime Courts are established in Liberia and managed by qualified and informed Liberians to ensure that justice and accountability is done to victims and survivors of Liberia’s nearly 15 years of bitter civil conflict. The establishment of the War and Economic Crimes Courts cannot be just another empty political statement without the necessary and REQUIRED FUNDING.

The work ahead to ensure that justice and accountability are obtained and not influenced against victims and survivors of Liberia’s civil conflict, cannot and should never be left into the hands and be administered and controlled by people who are heavily compromised and have zero understanding of issues of human rights and appreciation of international law and Liberia’s profound obligation to our international partners, victims and survivors of Liberia’s civil war. That means that the War and Economic Crime Courts cannot be controlled and conducted without the necessary and required funding to firmly establish and operate Liberia’s War and Economic Crimes Court in Liberia. To establish and make operational the War and Economic Crimes Courts in Liberia, your Government, the Government needs to budget and adequately fund the programs and activities and functionalities of the War and Economic Crimes void politics.

Mr. President, Liberia’s international responsibility and burden to impartially implement the Recommendations of the TRC, cannot and will never be demolished by the creation of an undesired War and Economic Crime Courts that are managed and controlled by those that have greatly caused harm and injury to Liberia’s war victims and members of their family. Mr. President, in November 2023, Liberians stood in the rain and the sun to overwhelmingly cast their votes and they voted for you and the Unity Party-led Government to impartially manage and administer the affairs of Liberia and its residents. These are the same Liberians whose mothers, sisters, wives, husbands, and sons were targeted, kidnapped, raped, sexually abused, and reportedly murdered at will by Liberia’s reported warlords and accused Economic Criminals.

Mr. President, Liberia and Liberia’s war victims and survivors and their family members are feeling deeply shortchanged, overwhelmingly discounted, devalued and they are exceedingly becoming disappointed by you and your government failing and neglecting to adequately FUND the programs, activities and actual functioning of the War and Economic Crimes Court of Liberia.

Mr. President, whether you and the UP-led Government know and appreciate it or not, is a shame and total disgrace for the Liberia’s War and Economic Crimes Courts to be EVICTED and publicly EJECTED from its office space owing to your government failure and refusal to PAY the RENT.

Mr. President, Liberia’s obligation to honestly and impartially setup and operate the War and Economic Crimes Courts in Liberia is and remains you and your government’s responsibility.

Kind regards and Happy New Year to you and the people of Liberia!

Respectfully Yours

Frederick A.B. Jayweh, Counsellor-At-Law

International Affairs Director, Center for Law & Human Rights, Inc.

2055 Oneida St, Suite 364

Denver, Colorado, USA

Fjayweh.criss@outlook.com

Mobile: 720-731-7994

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