Monrovia-All appears dangling and unsettling since President Joseph Nyuma Boakai announced government’s intention to proceed with establishing war and economic crimes court in Liberia, signed the resolution and established the war crimes court office in response to years of sustained and unrelenting national and international outcries and demands to bring to justice those accused of bearing greatest responsibilities of war crimes and crimes against humanity. But while the nation went glee over the decision, so many questions propped up, including who bears the cost and who serves in what capacities. Now, few days after President Boakai’ preferment of Cllr. Jonathan T. Massaquoim to head the Office, issue about his qualification emerged. But as The New Republic reports, the Office is not laying low on the issue as it is fighting back to set the record straight.
Whether getting a war and economic crimes court on the ground is realizable soon will depend on what happens now, in terms of putting the proper mechanisms in place, most Liberians believed. And not too when the nation raptured into the state of confusion when the appointment of Cllr. Jonathan Massaquoi by President Joseph Nyuma Boakai was challenged by coalition of civil society organizations.
The Coalition for the Establishment of War and Economic Crimes Courts in Liberia and the Human Rights Community of Liberia recently challenged the qualifications of Cllr. Jonathan T. Massaquoi, to serve as Executive Director of the Office, arguing that Massaquoi’s legal representation of individuals accused of war crimes did not make a perfect and suitable candidate for the role.
However, in a statement issued Monday, June 24, 2024 under the signature of the secretariat, War and Economic Crimes Court Office argued that the concern about Cllr. Massaquio’s qualification has the potential to undermine efforts to combat impunity and promote justice and accountability in Liberia.
According to the Court, the criticisms are a reflection of broader misunderstanding of the legal system and the role of lawyers within it.
In an effort to set the record straight, the Court underscored several legal steps, citing Article 21(i) of the Constitution, which it says guarantees the right to counsel and the inviolability of the lawyer-client relationship.
It states that this particular provision meant to ensure that all accused individuals have the right to legal representation and that lawyers cannot be sanctioned for representing their clients, regardless of the charges against them. “This principle is a fundamental aspect of both local and international criminal law,” the Office said.
Another significant issue highlighted by the Office borders on legal immunity for lawyers as having global recognition, citing precedents from international bodies like the International Criminal Court (ICC) and the United States.
It recalled: “For example, Karim Ahmad Khan, now the Chief Prosecutor of the ICC, previously served as defense counsel for high-profile figures such as Charles Taylor. Similarly, U.S. Supreme Court Justice Ketanji Brown Jackson represented Guantanamo Bay detainees before her appointment. These cases demonstrate that representing accused individuals does not disqualify a lawyer from holding high office.”
The Office said the coalition’s logic only implies that legal professionals like Khan and Jackson are unfit for their roles, describing such notion as flawed and unreasonable, while indicating that lawyers perform a crucial role in the justice system by ensuring that all defendants receive a fair trial, which is essential for upholding the rule of law.
On the substantive issue of Cllr. Massaquoi’s qualifications, the Office cited his 15 years of ethical and professional legal practice, saying that he has never faced disciplinary action and has served as amicus curiae in the Supreme Court of Liberia.
Furthermore, the Office stressed that the qualifications and actions of Cllr. Massaquoi aligned with international standards, and that his work falls in line with the principles of fairness and due process that are cornerstones of the international legal community.
“The allegations against him are not only unfounded but also detrimental to the efforts of strengthening Liberia’s judicial system,” the Office said.
In spite of the unfolding developments, Office expressed confidence in his ability to lead the team and fulfill its mandate effectively.
The War Crime and Economic Crimes Court Office reaffirmed its openness to engaging with genuine civil society organizations advocating for accountability and the rule of law. It emphasized that such collaborations are vital for the success of the Court’s mission and the broader goal of justice in Liberia.
According to the Office, it intends to reassure the public of its commitment to justice and to dispel any misconceptions about the role of legal professionals in the judicial process, and called for focus to be placed on the collective goal of ending impunity and achieving accountability for past atrocities in Liberia.
“The Office remains dedicated to its mission and to upholding the rule of law for the benefit of all Liberians, as Liberia continues on its path toward justice and accountability,” the statement said.
Providing examples of other prominent defense attorneys who later assumed significant judicial or prosecutorial roles, the Office said such situation only underscores the professionalism and ethical commitment required in such positions.
He stressed: “These individuals, despite their prior defense roles, were recognized for their ability to impartially uphold justice.”
