Dr. Gbaba Challenges President Song of the International Criminal Court to Begin Forthwith Trial of Liberian Warlords and Perpetrators of Heinous Crimes against Liberians and Mankind Dear Judge Sang-Hyun Song: His Honor Judge Sang-Hyun Song President of the International Criminal Court (ICC) I bring you revolutionary greetings from the besieged and war-wearied citizens of Liberia. Sir, for more than twenty-two years now (1989-2011) the hope of the Liberian people has been dashed in the web of hopelessness because the world has remained virtually silent and tight-lipped about bringing to trial Liberian warlords and perpetrators of heinous crimes against the Liberian people and humanity. Liberian child soldier given gun by Liberian warlords to become a murderer and hardened criminal. There are thousands of such child soldiers now men and women with little or no more than a second grade education in their mid and late thirties. 1
For an example, the ICC is trying Congolese warlords and alleged perpetrators of war crimes similar to those committed by Liberian warlords, such as the trial of Thomas Lubanga Dyilo. Mr. Lubanga is allegedly responsible, as co-perpetrator, of war crimes consisting of enlisting and conscripting of Congolese children under the age of 15 years into the Forces patriotiques pour la libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC) and using them to participate actively in hostilities in the context of an international armed conflict from early September 2002 to 2 June 2003 (punishable under article 8(2)(b)(xxvi) of the Rome Statute). Liberian child soldier conscripted by Liberian warlords to put their young lives on the line to ensure Charles Taylor and Ellen Johnson-Sirleaf stay in power in Liberia. Once their political objectives were realized, Liberian child soldiers were abandoned with no fixed rehabilitation plan to help them reintegrate into mainstream Liberian society. Thus, today in Liberia armed robbery is on the rise with no good internal security network to counter and bring under immediate control the growing crime rate in Liberia. At least Mrs. Sirleaf s children are educated and are sitting pretty but what about these young ones that they used to get to power. Do they not deserve the best that their country can provide them? The same crimes were committed by Mrs. Ellen Johnson-Sirleaf, Charles Taylor and all other Liberian warlords that enlisted and conscripted Liberian children at the ages of seven, eight, nine, and twelve years old to fight their way into power in Liberia. Today, these child soldiers are in their mid and late twenties after twenty-two years of rebel rule in Liberia, with no definite plans to rehabilitate and prepare them to reintegrate into mainstream society. Yet, Liberian warlords and economic criminals are being allegedly protected by the ICC and allowed to roam about freely without any remorse of conscience and without any arrest warrants issued against Liberian warlords and their supporters by the ICC. Instead, the ICC has been dormant on the humanitarian crisis in Liberia for reasons best known to you, Mr. Ban Ki-moon and other world leaders. 2
A Liberian child soldier during the heat of the Liberian Civil War. In the background are displaced Liberians who roamed from place to place because unarmed Liberian civilians were ill-treated by all of the warring factions. Indeed, Liberians are anxious to tell their story at the ICC! Also, as President of the ICC, and as a world renowned legal practitioner and judge, we are saddened by the long delay of the ICC to express public concern about the need to bring the Liberian carnage to an end. But rather, the ICC was recently quick to condemn patriotic Liberians that they will be dealt with very seriously by the ICC if they boycotted the elections. Such a move was biased and it did not show the ICC s commitment to the dispensation of transparent justice in the best interest of humanity. Also, the ICC s proclamation did not depict any respect for the sovereignty of Liberia as a founding member of the United Nations and as a member state of the ICC. In view of the foregoing, it is our ardent belief that the serious situation of genocide and mayhem that occurred in Liberia is being ignored by you and Ban Ki-moon and other influential world leaders in a deliberate and syndicated attempt to undermine the Liberian peace process that calls for, among other things: (1) Ratification of the recommendations of the Liberia Truth and Reconciliation Commission (TRC). The TRC recommendations were trashed in garbage bins in the Liberian Legislature by so-called Liberian law makers whose loyalty is devoted to the whims and caprices of their 3
various warlords and warring factions. Thus, instead of pledging allegiance to the State of Liberia and performing their constitutional duties as duly sworn-in law makers of the Republic of Liberia, Liberian legislators sold our birth rites for a few coppers and shillings and they dashed the hopes of every Liberian man and woman, child or elder, in the cold Monsoon Winds; It is the conviction of the Liberian people that Charles Taylor and George Boley should not be the only Liberian warlords singled out to be prosecuted. Instead, Mrs. Ellen Johnson-Sirleaf, Prince Johnson, Alhaji Kromah, and others must be indicted by the ICC to face trial. (2) Setting up a war crimes court to try Liberian warlords and economic criminals that ransacked the resources of Liberia during these difficult twenty-two years (1989-2011), so as to retrieve some of our stolen wealth and reinstitute transparent justice and the rule of law in Liberia; 4
(3) Forthwith repatriation of suffering and stranded Liberian refugees in various refugee camps around the world that would like to return to their Native Land; Liberian refugees live in filth and deplorable living conditions in refugee camps around the globe. They are stranded and there is no help in sight to repatriate them by the Sirleaf Government. Can the United Nations High Commission for Refugees please step in to help our people? Liberians are dying and suffering in strange lands abroad! (4) Rehabilitation of former Liberian child soldiers, combatants, and civilians who have been traumatized by the atrocities that were committed within the past twenty-two years. Sad to say, these atrocities were committed with impunity from local authorities in Liberia and high ranking officials at the United Nations, African Union, European Union, the United States Government and some influential personalities within the international community; (5) Establishing a firm commitment of the international community to restore sustainable peace and national security to Liberia by serving arrest warrants to Liberian warlords and indicting them for atrocities they committed against the Liberian people and humanity, and so forth. Sir, we are also making this request against the backdrop of the Universal Declaration of Human Rights and the Constitution of the Republic of Liberia, and with specific reference to the following Articles in the Universal Declaration of Human Rights: 5
Article 1. Liberian combatants harassing unarmed Liberian civilians during the heat of the Liberian Civil War All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Above, we wish to categorically state that the Liberian people have been treated by Liberian warlords and economic criminals like animals and not as their Brothers and Sisters. Further, Liberian warlords ill-treated Liberians with impunity from the international community, including the ICC that never made any comments to condemn the mayhem and human carnage in Liberia until recently when the ICC chose to intimidate progressive Liberians who were trying to rid themselves of murderers who are roaming the corridors of power in Liberia. Such an obvious show of support for the perpetuation of rebel activities in Liberia by the ICC will not be tolerated by all peace-loving and patriotic Liberians who want the best for their Native Land! Therefore, it is our expectation that the ICC and other world bodies (UN, EU, AU, ECOWAS Commission, to name a few) that are charged with the humanitarian mission to investigate war crimes and seek the best interest of the poor, the afflicted, and down trodden of the universe, will do so without any prejudice and bias toward the Liberian people who need timely assistance because they are besieged by Liberian warlords and economic criminals; 6
Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as: race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. In this respect, we hasten to inform you that during the past twenty-two years of human carnage and mayhem in Liberia, peaceful and unarmed Liberian citizens were massacred on the basis of their language (for example, Krahn, Mano, Gio, Mandingo, Americo-Liberians); on the basis of religion (whether as Muslims or Christians); on account of their personal properties that Liberian warlords authorized their child soldiers and fighters to seize and automatically own without regard to the property rights of Liberians. In some cases, Liberians were killed for their sexual preferences and on the basis of political and other opinions that did not support the opinions of Liberian warlords under whose jurisdiction Liberians lived during the Liberian Civil War. In addition, many of our daughters, mothers, and sisters were gang-raped by fighters loyal to Mrs. Sirleaf, Charles Taylor, and other warring factions, including government troops; During the Liberian Civil War the human rights of our women were violated; they were raped and disgraced in contravention of our sacred Poro and Sande rules and regulations. In order to overcome such excessive abuse, it is expedient for the ICC to put to speedy trial such perpetrators of crimes against the Liberian people and humanity. 7
Article 3. Everyone has the rights to life, liberty and security of person. With respect to the foregoing, Liberians everywhere can attest that our rights to life, liberty and security of person were stripped off us, to the extent that Liberian rebels shot and killed Liberian citizens and foreign nationals living in Liberia, as well as West African peacekeepers without justifiable cause. In addition, today Liberians find themselves without a standing national army and the security of the State is entrusted to foreign troops whose allegiance is devoted to their respective governments and countries they represent. Regrettably, as well, the Army Chief of Staff of Mrs. Sirleaf s Kangaroo National Army is a Nigerian national and not a Liberian citizen! Thus, you see how our own President lacks respect for the Constitution of Liberia and the Liberian people that she leads. Hence, by exercising its mandate the ICC may help to alleviate Liberians from the lack of national security and bring about a new spirit of belonging and oneness under the rule of law; Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. In Liberia today, Liberians are treated like slaves by the present Government. There is 80% unemployment rate in the country; yet the country s staple diet, rice, is sold at a huge price of $60 US Dollars when most Liberians cannot earn a dollar a day to buy something to eat. Further, there is no regulation on the prices of goods and services and ordinary Liberians are left to drown in economic deprivation by their government that should protect them from economic exploitations. Furthermore, Liberians labor for little of nothing, and most of the contracts signed between the Liberian Government and foreign companies do not have benefits specified for Liberian citizens that will work in the employ of foreign companies; neither is there an agreement for foreign concessions to provide certain facilities that the people of Liberia can benefit from in the long run when these foreign concessions end their mission in Liberia and pack up and leave; Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 8
Indeed Liberians have been subjected to torture, cruel, inhuman or degrading treatment and punishments over the past twenty-two years and we cannot wait to tell you our story when you start up the ICC here in Liberia or when you have Liberian warlords transported to The Hague for trial. In view of the foregoing points raised in this correspondence, the cardinal question now becomes: Will Judge Song and his qualified panel of judges at the ICC add Liberia to the ICC list of war crimes investigations that are taking place? And how soon will the ICC be acting? Soon enough to save the day, we hope! Sir, as I close this letter to you and your panel of judges, my eyes are full of tears: tears of sorrow; tears of seeing my people killed in my presence by fighters loyal to Mrs. Sirleaf, Charles Taylor and other Liberian warlords. And, most regrettably, the same killers are rewarded with Nobel Peace Prize and other high honors by Western governments and international agencies as a direct way of sanctioning the abuse of Liberians by Liberian warlords and economic criminals. Please say or do something appropriate to alleviate Liberians of their long years of suffering under Liberian rebel leaders and their supporters. And, thank you for taking time off your busy schedule to read my correspondence. Consequently, all Liberians look forward to receiving positive news from you and your panel of judges in the near future. Respectfully submitted, Joseph Tomoonh-Garlodeyh Gbaba, Sr., Ed. D. Exiled Liberian Playwright & Poet 9