11/11/2025
Cllr. Tiawan Saye Gongloe Condemns Senate’s “Domestic War Crimes Court” Proposal as Betrayal of Justice
Renowned human rights lawyer and political leader, Cllr. Tiawan Saye Gongloe, has sharply criticized a move by some members of the Liberian Senate to establish a purely domestic War Crimes Court, describing it as a “betrayal of justice and legislative bad faith.”
In a strongly worded statement, Cllr. Gongloe said the proposal—which calls for a court composed entirely of Liberian judges and prosecutors under the authority of the judiciary—directly violates Joint Resolution -001/2024, which was jointly enacted by the Senate and the House of Representatives on April 8, 2024.
“A Violation of the Legislature’s Own Resolution”
According to Cllr. Gongloe, the 2024 Joint Resolution mandated the Executive Branch, not the Senate, to “develop a legal framework and submit same to the Legislature for enactment into law for the establishment of an Extraordinary Criminal Court for Liberia” along with an Anti-Corruption Court.
He noted that while the War and Economic Crimes Court (WECC) Secretariat, created by Executive Order under that same Resolution, is working in consultation with national and international experts, a few senators have “preempted and undermined the process” by introducing their own bill.
“This act is a clear violation of the Legislature’s own directive and reveals bad faith on the part of its sponsors,” Gongloe stated.
Contradicting Their Own Resolution
Cllr. Gongloe emphasized that the Joint Resolution was “deliberate and unambiguous.” It called for the establishment of a UN-backed Special War Crimes Court for Liberia (SWACCOL), highlighting international and domestic collaboration with the United Nations, the European Union, and the United States Government.
It also authorized the President to appoint a Special Envoy or Officer-in-Charge certified by an international tribunal, to coordinate the process and ensure compliance with international law.
“Nowhere did the Resolution authorize the Senate to unilaterally craft a domestic bill or to downgrade the envisioned hybrid tribunal into an ordinary national court,” Gongloe argued.
“Sovereignty Is Not Isolationism”
The former Liberia National Bar Association president also dismissed the Senate’s justification that a purely Liberian court would preserve national sovereignty.
“The Senate’s claim is misplaced and hypocritical,” he said. “It confuses sovereignty with isolationism and nationalism with self-deception.”
Cllr. Gongloe reminded lawmakers that Liberia’s civil wars were not the result of foreign interference, but of “bad governance, corruption, abuse of power, and contempt for human rights.”
“Over three hundred thousand Liberians died because successive governments chose impunity over justice,” he added. “To now use ‘sovereignty’ as an excuse to exclude international participation is unpatriotic and contrary to international law.”
He cited Liberia’s obligations under the Geneva Conventions of 1949 and their Additional Protocols of 1977, which bind states to prosecute or extradite perpetrators of war crimes.
Hybrid Courts: The Proven Path to Justice
Drawing examples from other African nations, Cllr. Gongloe said only hybrid courts—those combining national and international judges—have proven capable of delivering credible justice for mass atrocities.
He pointed to the Special Court for Sierra Leone, which successfully convicted former Liberian President Charles Taylor, the Extraordinary African Chambers in Senegal that tried Hissène Habré, and the Special Criminal Court in the Central African Republic.
“These hybrid courts earned global trust and financial support because they were grounded in international law, not trapped in local politics,” he noted.
He further praised organizations like the Open Society Justice Initiative, CIVITAS Maxima, and the Global Justice and Research Project (GJRP) for securing convictions of Liberian war crimes suspects in Europe and the United States.
“If justice for Liberia can happen in Philadelphia, London, and Paris, why not in Monrovia—under the right conditions?” Gongloe asked.
“Justice Must Comfort Victims and Restore the State’s Moral Authority”
Cllr. Gongloe stressed that the War and Economic Crimes Court is not a normal court but a transitional justice mechanism, meant to heal the nation and uphold international humanitarian law.
He argued that a credible court must include both Liberian and foreign judges—with a majority of international personnel—to guarantee impartiality and transparency.
“Anything less will produce another compromised institution—strong on paper, weak in principle,” he warned. “Justice must comfort victims, reassure the accused, and restore the moral authority of the state.”
Conclusion: “Liberia Cannot Claim Peace While Shielding Impunity”
In his closing remarks, Cllr. Gongloe labeled the Senate’s unilateral proposal as “procedurally illegal and morally indefensible.”
“It substitutes political convenience for justice, undermines Liberia’s international reputation, and risks turning accountability into another exercise in deception,” he declared.
He reaffirmed that true sovereignty is expressed through justice, not isolation:
“By rejecting international partnership in favor of domestic control, the Senate’s bill weakens our sovereignty. Liberia must not walk away from its humanitarian responsibilities or betray its covenant with the dead.”
Cllr. Gongloe concluded with a rallying call:
“Only a hybrid War and Economic Crimes Court, internationally anchored and nationally embraced, can fulfill Liberia’s promise of ‘Never Again.’”
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