War Crimes Tribunal For Liberian Warlords
By Abraham M. Williams
During the fall of 1995 the world community commemorated the 50th anniversary
of the start of Nuremberg war crimes tribunal on Nov. 20, 1945. But according
to the New York Times, the memory of the historic trial seems clouded.
The trial, which brought the highest-ranking survivors of Hilter's Third
Reich, including such men like Hermann Goering, Rudolf Hess and Albert Speer
to justice, was set out to establish a new international code of law to
deter individuals from initiating acts of war. Regrettably, however, the
world's warmakers who prefer violence as an alternative to peaceful resolution
of problems, those who believe in conquest as a path to power, have chosen
to ignore its noble intent.
Over the year, the international community has spent billions of dollars
as well as countless hours of humanitarian initiatives in an effort to maintain
the peace. But crimes against peace have steadily increased, costing millions
of lives while serious human rights abuses continue unabated across the
globe.
As Jutta Limback, the president of Germany's highest court, said in a debate
with other representatives during the commemoration, "the lasting contribution
of Nuremberg was to make individuals responsible" for the wars they
start.
These sentiments are particularly applicable and relevant to the Liberian
civil conflict, a war during which more than 200,000 people have lost their
lives, and where the warlords continue to carry out wanton atrocities against
the peasant population.
The viciousness of the Liberian conflict is awesome and striking. In nearly
six years of fighting, there are virtually no prisoners of war. People are
being systematically killed simply because they are caught running for survival
in areas controlled by opposing guerrilla leaders. Or sometimes just because
such victims belong to ethnic groups associated with rival warring factions.
In addition, the Liberian civil war has a distinct and unique characteristic
in its use of children as combatants which should concern all people of
conscience, regardless of which faction one supports. Not only is the useof
children in combat a moral issue, it is also a violation of international
law.
Specifically, the protocol to the Geneva Conventions of August 12, 1949,
which relates to the protection of victims of non-international armed conflicts
(PROTOCOL II). The provision of this protocol protects children who have
not attained the age of fifteen years shall neither be recruited in the
armed forces or groups nor allowed to take part in hostilities. Liberia
is a signatory to the Geneva Conventions, and as such, Liberians must be
held fully responsible for any violation of its protocol.
It is high time that Liberians, especially those of us who have the luxury
of life's freedom in this country, begin to seriously galvanize all efforts
to make a moral case for peace with justice to the United Nations, the United
States and other world bodies about the killings going on in Liberia.
Unfortunately, there are rumblings in many Liberian quarters when the issue
of war crimes tribunal is mentioned. Some people believe the timing is inappropriate,
since this could make the warlords stiffen their stance against disarmament;
others say we should give incentives which would encourage the factions
to comply with the Abuja accord. But let us remember the purpose for war
crimes trials is to bring peace with justice; for key players to be accountable
for their actions; and more important, to deter similar occurrences in the
future. While we understand the sincerity of these sentiments of concern,
however, it would be morally incomprehensible for us to turn a blind eye
to very important issue. As noted by Valentin Falin, a former Soviet ambassador
in Bonn, "Crimes are never anonymous, they are always committed by
people. And all crimes must be punished."
In Liberia, some people have committed horrendous crimes againstinnocent
and unarmed civilians, and the perpetrators of those crimes must be brought
to a forum where they will account for their actions. These include the
warlords, their top strategists and other agents of death. Clearly there
are identifiable individuals in this category and we will do everything
possible to expose them.
There is a cacophony of voices regarding this matter. In other words, many
people are speaking out on this issue. From church leaders in Liberia to
concerned Liberian citizen groups in the U.S. the call is loud and clear
that now is the time that we urge the appropriate international bodies and
significant others to empanel a war crimes tribunal for our civil conflict.
During their annual summit in Cameroon in early July this year, the Organization
of African Unity (OAU) adopted a resolution recommending the setting up
of a U.N. war crimes tribunal to try the warlords in Liberia if they continue
to frustrate the ECOWAS initiative in Liberia. But the matter of war crimes
must come about without any condition or exception. That means all parties
to the conflict will be subject to the tribunal until one can otherwise
prove himself innocent.
Besides, on July 17, 1996, civil groups in Liberia, including the Liberia
Bar Association, came out in support of calls for stiff sanctions against
warlords in Liberia's six-year -old civil war.
Finally, the question of war crimes trial should be based on moral ground;
it must transcend political affiliations; and the trial must be held simply
because it's just and it's right. It is, therefore, incumbent upon each
and every Liberian of conscience , as a matter of moral imperative , to
be fully engaged in this basic issue of justice. To do otherwise
we will have been derelict in our moral duty.
Copyright © 1996 The Perspective
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