After sitting and deliberating for nearly three (3) years, the Truth and Reconciliation Commission of Liberia has released its classic and Final Report according to and consistent with its mandate and statutory powers as provided for and contained under Articles IV, Section 4 letters {a) to {f} and Article VII, Section 26 letters {a} to {h} of the Act creating the Truth and Reconciliation Commission of Liberia of May 12, 2005. Acting under its mandate and power, the TRC met and reached the foregoing determinations and findings: 

1}  THAT the National Legislature of Liberia enact into law and forthwith proceed and establish in Liberia, a specialized criminal court to prosecute all human rights and international humanitarian laws violators from 1979 to 2003; 

2} THAT all warring faction leaders of Liberia be forthwith indicted and prosecuted for allegedly and intentionally committing war crimes and crimes against humanity in Liberia; 

3} THAT all most notorious perpetrators of war crimes and crimes against humanity be also indicted and prosecuted for violating international human rights law, international humanitarian law, international criminal law, the laws of war and the domestic laws of the Republic of Liberia; 

4} THAT all individuals and persons charged with committing economic and other crimes from 1979 to 2003 in Liberia, be also indicted and prosecuted; and 

5} THAT all political leaders and financiers of warring factions in Liberia be banned from holding public office in Liberia for 30 years.  

The Truth and Reconciliation Commission, the TRC reached the foregoing determinations and findings by relying on:

Article IV

Mandate of the Commission

Section 4. The objectives or purpose of the Commission shall be to promote national peace, security, unity and reconciliation by: 

a) Investigating gross human rights violations and violations of international humanitarian law as well as abuses that occurred, including massacres, sexual violations, murder, extra-judicial killings and economic crimes from 1979 to 2003; 

b)  Providing a forum that will address issues of impunity, as well as an opportunity for both victims and perpetrators of human rights violations to share their experiences in order to create a clear picture of the past so as to facilitate genuine healing and reconciliation;   

c)  Investigate the antecedents of the crises which give rise to and impacted the violent conflict in Liberia; 

d)  Conduct a critical review of Liberia’s historical past in order to address falsehoods and misconceptions about the nation’s past social-economic and political development; 

e)  Adopt specific mechanisms and procedures to address the experiences of women, children and vulnerable groups, paying particular attention to gender-based violations as well as child soldier issues and recommend measures that will bring about national reconciliation and healing; and 

f) Compile a report that will include comprehensive account of activities of the Commission and its findings. The Act Creating the Truth and Reconciliation Commission of Liberia, Article IV, Section 4 (a) to (f), PP. 4-5  

Apart from the mandate of the TRC stated above, Section 26 (b) of the Act clearly empowers the TRC where possible to identify persons, authorities, institutions and organizations involved in human violations in Liberia.  And the TRC is to make recommendation to the Head of State as to the need to hold prosecutions with reference to particular cases as the TRC may deem necessary and appropriate. 

Acting in accordance to and consistent with its statutory mandate and power, after collecting evidence, conduction investigations and hearings for nearly 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 other crimes in Liberia be indicted and prosecuted by a special criminal court to be statutorily established in Liberia. The TRC also recommended that all political leaders and financiers of warring factions in Liberia be sanctioned from holding public office for 30 years.  The foregoing determinations and findings of the TRC have caused a stirred amongst Liberians residing in foreign parts and Liberia to support or denounce the recommendations of the TRC. Today, there are those who think that the TRC has no legal power or authority to indict 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. To the contrary, Liberians that support the final report of the TRC are encouraging the government of Liberia to  proceed and implement the report as provided for in the May 12, 2005 Act.  

For all intents and purpose our organization knows and its members are witnesses to the fact that from 1989 to 2003, Liberia was engulfed and actively engaged in a bloody armed conflict. The outcome of this conflict destroyed the lives of about 300,000 citizens and much property. Primarily, the war was initiated and prosecuted by the National Patriotic Front of Liberia, (NPFL); the Independent National Patriotic Front of Liberia, (INPFL); ULIMO & ULIMO-J; ULIMO & ULIMO-K; LPC; LDF, MODEL and LURD. For nearly 15 years, these warring factions were believed and known to have committed gross violations of international human rights law, serious violations of international humanitarian law and economic crimes and crimes against humanity in Liberia. For the purpose of this release, the following legal principles of law are applied by our association to ensure our strong and unwavering support for the Final Report of the TRC entered on July 1, 2009.  

Crimes against Humanity:

An accused is guilty of committing a crime against humanity if he/she systematically directs attacks against any civilian population with the knowledge that the attack will cause:

I.      Murder;
ii.     Extermination;
iii.    Enslavement;
iv.   Deportation or forcible transfer of population;
v.    Imprisonment or other severe deprivation of physical liberty in violation of
       fundamental rule of international law;

vi.   Torture;
vii.  Rape, sexual slavery, enforced prostitution, forced pregnancy, etc;
viii. Persecution against any identifiable group or collectivity on political, racial,
       national, ethnic, cultural, religious, gender as defined in paragraph 3 or other
      grounds that are universally recognized as impermissible under international
      law; and,

ix.   Enforce disappearance of persons; 

Gross Violations of Human Rights:

1)  Murder
An accused is guilty of committing gross human rights violations such as  
murder if he/she Knowingly 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 persons.

2)  Extermination:
 The perpetrator killed one of more persons, including by intentional infliction of conditions of life, such as deprivation of access to food, medicine, calculated to being about the destruction of a population. The conduct constituted, or took place as part of, a mass killing of members of a civilian population.  

3)  Torture:

The perpetrator intentionally inflicted severe physical and mental pain or suffering upon one or more persons. Such person or persons were in the custody or under the control of the perpetrator. Such pain and suffering did arise from, and was not inherent in or incidental to, lawful sanction. In the context of international human rights law, it is understood that no specific purpose need to be proved for this crime, as distinct from torture as a war crime. 

4) Sexual Slavery: The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such as a person or persons, or imposing on them a similar deprivation of liberty.  

5)  Taking of Hostages:
The perpetrator seized, detained or otherwise held hostage one of more persons. The perpetrator threatened to kill, injure or continue to detain such person or persons for personal or financial gain. 

6)  Outrages upon Personal Dignity
The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons. The severity of the humiliation, degradation or other violation was of such degree as to be generally recognized as an outrage upon personal dignity.  And,

7)  Kidnapping:

An accused is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following purposes:

i.  To hold for ransom or reward;
ii.  To use him as a shield or hostage;
iii.  To hold him in condition of involuntary servitude;
iv.  To facilitate commission of any felony or flight thereafter;
v.   To inflict bodily injury on or to terrorized the victim or another;

Economic Crimes or Fraud on the Internal Revenue of Liberia: 
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 profit either individually or collectively or in any organized manner by engaging in, fraud, narcotic drug trafficking, money laundering, embezzlement, bribery, looting and any form of corruption and malpractices, etc.

B)  Fraud on the Internal Revenue of Liberia: 
A person is guilty of a first degree felony, if he/she:
i.   Knowingly conspires or colludes to defraud the Government of Liberia;
ii.  knowingly makes an opportunity for any person to defraud the Government of 
    Liberia or another;
iii.  Does or omits to do any act with intent to enable another to defraud the  
     Government of Liberia; and

iv.  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.  Actually, list could go on when it comes to this crime.   

We are fully aware and are witnesses to the fact that during the nearly 15 years of armed conflict in Liberia, all the warring factions and their leaders intentionally violated all of the provisions of law cited above during the armed conflict in Liberia.  The Final Report of the TRC along these lines is strongly support by us. The

Rome Statute of the International Criminal Court, PP 3-10, ICRC Advisory Service on International Humanitarian Law, and International Human Rights, PP  1-2 

D} Individual Criminal Responsibility:
Any person that plans, instigates, commits, aids and abets in the planning, preparation or execution of a crime is responsible for the 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 that 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 shall not be absolved from criminal responsibility nor mitigate the punishment for committing war crimes and crimes against humanity. All the warring factions and their leaders are clearly responsible for the crimes that they committed from 1989 to 2003. We also strongly support and uphold this aspect of the Final Report of the TRC because,  all the warring factions and their leaders notoriously and openly committed violations of international human rights law, international humanitarian law, the laws of war, war crimes and crimes against humanity in Liberia. See Obligation to Respect, Ensure Respect for and Implement International Human Rights Law and International Humanitarian Law; The Scope of Obligation; Statute of Limitations, PP 1-6. and Individual Criminal Responsibility,  P 17. 

Whether it be in war time or peace time, state and non-state’s actors obligation under international human rights law, international humanitarian law, the laws of war are never suspended when it comes to promoting, respecting and upholding human rights. We, also strongly support the Final Report of the TRC and recommend that all warring faction leaders, supporters, and their financiers be accordingly indicted, tried and sentenced consistent with the crimes that they committed from 1989 to 2003. Since and because no amount of domestic statute of limitation or the constitution of Liberia can be used to shield or legally shelter human rights violators from facing the full force and effect of the law, we overwhelmingly and forcefully acquiesce and support the final report of the TRC as released because it represents a structural and constructive roadmap to true reconciliation, justice and peace in Liberia.  We also further, support the findings that all political and financial leaders of the warring factions and supporters of the war in Liberia be banned from holding public office for 30 years as determined and recommended by the Truth and Reconciliation Commission of Liberia; for by their wealth, these persons senselessly sent about 300, 000 citizens and residents of Liberia to their untimely graves. 

In view of the above and to actually ensure lasting peace, justice and reconciliation in Liberia, ALLA is calling on the government of the Republic of Liberia that upon the receipt of the Final Report of the TRC by the National Legislature and the Head of State to proceed to forthwith start to implement the Final Report of the TRC as provided for in section 48 of the May 12, 2005 Act that created the TRC. Further, and because all the Commissioners of the TRC and their staff are officials of the government of Liberia, we are encouraging the government of Liberia to proceed to immediately restore their works and activities to the National budget of Liberia and to further provide them security effective immediately as it is being done by the government of Liberia for all other employees and citizens of Liberia. We also support the findings that there needs to be further investigation to establish who else committed war crimes and supported the war and destruction in Liberia. Acting accordingly and swiftly to enforce all the recommendations and findings of the TRC is certainly in the  best interest of lasting peace, justice, and reconciliation in Liberia. 

Long live the Republic of Liberia and the people of Liberia; and happy, happy July 26, A.D. 2009 to all Liberians and friends of Liberia.  

Above All Else, the Rule of Law First! 

Prepared and executed this 25^th day of June, A.D 2009, by:

The Association of Liberian Lawyers in the Americas, Inc. {ALLA}
By and Thru, Frederick A.B. Jayweh, B.A., LL.B. LL.M
Counsellor-At-Law & Executive Director
4111 Odessa, Street, Denver, CO 80240
E-mail: fjayweh@hotmail.com
Website: www.liberianlawyers.org
Office Phone: 303-373-0423
Office Fax: 303-371-6981

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