The Uncertainty in Liberia's Battle for Accountability
To understand the current situation in Liberia, one must look back to the founding of the nation, as Liberia’s history is inextricably tied to the roots of enslavement in the United States. In the early 19th century, a group of white elites founded the American Colonization Society (ACS), hoping to assist in the colonization of African territory and removal of free Black people in the United States. The growing number of newly freed slaves and freeborn Black people were perceived as a threat to the dominant white culture. Liberia was born under this “repatriation movement,” a concept supported by both slaveowners and abolitionists, aiming to “return” Black individuals to Africa.
The members of ACS had a varied mix of beliefs on slavery and abolition. However, there was common ground among the members that a settlement in Africa would further their personal and political interests. Colonial settlements were established in the region and independence in Liberia was achieved in 1847.
Ambassador Beth Van Schaack, who served as the United States Ambassador-at-Large for the State Department’s Office of Global Criminal Justice (2022-2025), has worked extensively to promote global justice and accountability around the world, specifically in regions of instability. Her efforts have included creating pathways to justice; Liberia being a significant milestone in her work. She discusses the complex history of Liberia, their Civil Wars, and the long-awaited pursuit of justice.
In regard to the colonial establishment of Liberia, Ambassador Beth Van Schaack noted the tension that existed between the Americo-Liberian colonists and the indigenous communities in the territories. “[This movement] created a two-tier society where you had individuals who were coming back and saw themselves as somewhat superior to people who had remained in the territory that eventually became Liberia.”
Liberia’s legal system, as established in 1847, was inspired by that of the United States. However, it has been criticized for favoring the rights of American settlers over those of indigenous tribes. The political and social hierarchy in Liberia created a breeding ground for inter-ethnic conflict and political divisions, helping fuel the Liberian civil wars that broke out a near century later.
Liberia’s back-to-back Civil Wars lasted from 1989 to 2003. The first civil war was marked by a power struggle between the Government of Liberia, led by President Samuel Doe, and numerous factions of armed militia groups and non-state actors, including the National Patriotic Front of Liberia (NPFL), a rebel group led by Charles Taylor and the United Liberation Movement of Liberia for Democracy (ULIMO), formed by Doe loyalists and anti-Taylor forces. The second civil war was a similar political struggle. There was deep-seated dissent against President Charles Taylor, who had taken power after the first civil war. Attacks from the rebel group Liberians United for Reconciliation and Democracy (LURD) led Taylor to declare a state of emergency in 2002.
The conflict claimed an estimated 250,000 lives and left the country deeply scarred by mass atrocities. During this period, horrific crimes were committed, including widespread killings, torture, sexual violence, and the forced conscription of child soldiers.
In 2006, after over a decade of civil war, the conflict subsided and Liberia’s government made a significant step in establishing The Truth and Reconciliation Commission of Liberia (TRC). This peace process, known as the Comprehensive Peace Agreement (CPA), was negotiated and signed by all parties to the conflict, including the international community as guarantors, and subsequently enacted into law by the Liberian government. The TRC was established with hopes of providing peace and restoring trust to the Liberian people.
Three years later, in 2009, the TRC issued its final report, in which it named 98 perpetrators that the Commission considered responsible for various kinds of human rights violations and war crimes. On top of accountability measures, the TRC recommended reparations and institutional reform, such as removing individuals from positions of power so they wouldn't enjoy the perks that come with being in a leadership position in postwar Liberia.
“The recommendations [the TRC] produced were quite cogent and even avant-garde … One of the recommendations was the creation of some sort of a hybrid institution,” Ambassador Van Schaack noted, emphasizing the novelty of the TRC’s recommendations.
Liberia’s TRC recommended that those named in the report be investigated and prosecuted by a “hybrid tribunal.” Hybrid tribunals are blended institutions, meant to incorporate international and national features to address particular issues. These special courts gained popularization in the late 1990s and early 2000s, especially in post-conflict states where national judicial systems lacked the capacity and/or independence to prosecute serious violations of international law effectively.
There was a vast amount of evidence gathered by Liberia's TRC, including over 20,000 statements from Liberians both within the country and those from the diaspora, as well as hundreds of public hearings focusing on specific events and targeted groups. Despite these investigative efforts, not a single trial has been conducted within Liberia to hold perpetrators accountable for their war crimes. While some high-ranking officials faced prosecution in other extraterritorial courts, no one within Liberia has been held legally accountable.
“The reality is almost none of those recommendations were implemented,” Ambassador Van Schaack said, suggesting that one of the reasons for this lack of accountability is because some of the people involved in the Civil Wars retained high-ranking government positions in post-conflict Liberia. “They had no interest in seeing those institutions be built because they would inevitably come after them.”
This lack of domestic accountability persisted for over two decades, during two Presidential administrations. Despite these challenges, civil society organizations, particularly independent media, never abated in their advocacy and support for the TRC’s findings. Their mobilization was particularly notable during election cycles. “Journalists made sure that the [political] candidates were on record as to where they stood on the justice imperative. They asked very pointed questions,” Ambassador Van Schaack stated. “And so, candidates made commitments during these election periods.”
On November 20, 2023, Joseph Boakai was elected as Liberia’s current President, reigniting hopes of the implementation of the TRC final report. “Too much time had passed between the war and the efforts to implement [the TRC]. It was going to be the Boakai Administration, or it may never happen at all. And so, there was a real sense that this was the last, best chance,” Ambassador Van Schaack said.
Sure enough, in May 2024, President Joseph Boakai signed an executive order establishing the Office of the War and Economic Crimes Court for Liberia, marking a significant step towards addressing the enduring culture of impunity in the country. While this order established an office, intended to design mechanisms for prosecuting civil war-era atrocities, and not the court itself, this was still seen as a step in the right direction. This move received legislative support and symbolized a landmark political move, contrasting starkly with previous administrations’ choices to not implement the recommendations of the TRC.
President Boakai's action has been welcomed by many, including the vast number of victims and survivors of the civil war. The international community has also expressed their support, primarily through significant diplomatic and financial efforts. “Members of the diplomatic community, and particularly Sweden, have taken a really strong interest in the situation in Liberia,” the Ambassador commented. Likewise, the Swiss, through their Center for Humanitarian Dialogue, have provided mediation tools to assist in Liberia’s transitional justice and hybrid court.
The United States has also been a major player in Liberia’s transitional justice efforts. Under the Biden Administration, Ambassador Van Schaack played a significant role in supporting the establishment of the War and Economic Crimes Court. The Office of Global Criminal Justice made several diplomatic visits to Liberia, renewing hope for many in the country on the imminent possibility of accountability measures.
The Ambassador noted another figure who has continuously fought for justice in Liberia, stating, “One interesting person, whose role here shouldn't be minimized, is Linda Thomas-Greenfield.” Ambassador Thomas Greenfield was the U.S. Ambassador to the United Nations under the Biden-Harris administration, who also once served as the Assistant Secretary for the Bureau of African Affairs. Ambassador Van Schaack continued, “[s]he served in Liberia and has deep connections to the country… [President Boakai] looked to her as a sounding board and as a source of inspiration. She was also really encouraging of what he was doing.”
In addition to the work of the Office of Global Criminal Justice, the U.S. Department of Justice has exercised its own authority to bring justice to Liberian victims. During the limbo period preceding the establishment of a Liberian hybrid court, the U.S. was a strong supporter of extraterritorial prosecutions of Liberian officials. For example, Laye Sekou Camara, alleged former general of a Liberian rebel group was due to stand trial for violating the United States’ immigration-fraud statute. While Camara denied the allegations of war crimes, 16 Liberian witnesses were ready to testify to Camara’s alleged role in Liberia’s brutal second civil war. He has since pleaded guilty.
Cases, like that of Camara’s, demonstrate how the U.S. has been a key player in helping address Liberia's past atrocities, even within the American legal system. However, there is still some uncertainty about the role that the United States will play under a new presidential administration. The future degree of U.S. assistance to Liberia’s hybrid court remains to be seen.
“[Liberia] will need help financially. And I was really hopeful that the United States would play a part.” The Ambassador emphasized that the U.S. has provided significant support to past hybrid tribunals in Africa and Asia. “We gave a million dollars to the Habré’ Tribunal, which was set up with the African Union and Chad to prosecute Hissène Habré. We've given support to the Central African Republics Special Criminal Court… We gave money to the Extraordinary Chambers in the Courts of Cambodia… There's lots of ways that the United States could financially support this new institution.” And while the U.S. may have the financial capacity to do so, the country’s willingness to support Liberia’s new court will likely boil down to political will.
The United States has made a rapid shift in their international policy under the current Trump administration. Describing the new Trump-era foreign policy as “isolationist” is not entirely accurate, but it has proven challenging to categorize this incongruent approach to international relations. President Trump's near-elimination of USAID, reintroduction of ICC sanctions from his first-term, pauses on financial contributions to the World Trade Organization and certain UN organizations, and announcement of now-paused, sweeping global tariffs, have all collectively formed an unconventional and controversial foreign policy strategy, one that is certainly at odds with the established global order. This administration continues to challenge traditional norms and alliances in foreign policy, to the point where it is near-facetious to ask if there’s an appetite to pursue global criminal justice measures. Safe to say, the U.S. is no longer a predictable ally for Liberia.
The standing of U.S.-Liberia relations is not the only challenge that the hybrid court is facing. There is still a plethora of national decisions that need to be made to provide a stable foundation for an efficient tribunal. While President Boakai’s Executive Order was an important step, there’s still many decisions and legal battles that need to be addressed before Liberia can move forward with their court.
“Just how deeply is [the court] integrated into the existing system versus putting it as a separate, standalone institution, that's totally self-contained? To what extent do you incorporate individuals who are foreigners into the exercise? Do your bar laws even allow that? Can foreigners be judges?” The Ambassador articulated the many questions that remain unanswered. “All of these questions will need solutions…There needs to be a strong legal groundwork for an institution like this to be established.”
While the Executive Director of the Office has ensured that a bill for the court will be proposed to the government soon, there has still been some stalling, especially as finances continue to be in flux. Currently, civil society organizations working on transitional justice in Liberia have urged President Joseph Boakai to extend his executive order past its expiration in May. Despite these challenges, the unwavering persistence and advocacy of Liberian civil society and survivors have kept the campaign for a hybrid tribunal alive, a testament to the desire for justice.
Note: This article was last updated on May 13, 2025. If significant developments have occurred since that date, then some of the information—particularly regarding the executive order and the proposed bill—may now be outdated.
Written by Hannah Knight, 2024-2025 PCFR Fellow.
The views expressed are solely those of the writer and not those of PCFR, which takes no institutional position on policy.
This is part of a series of articles written by PCFR fellows.
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