On May 3, President Joseph Boakai signed Executive Order No. 131 establishing the office of a war and economic crimes court for Liberia. Since the signing ceremony, many Liberians have said that the signing of this Executive Order means the long-awaited war crimes court has now been established.
Some local and international media institutions also published articles that the executive order was signed by the President “to create a long-awaited war crimes court to deliver justice to the victims of Liberia’s two civil wars”.
So, what does the signing of Executive Order No. 131 mean? In this explainer, we will tell you all that you need to know about this milestone decision by the Liberian leader.
What is an Executive Order?
An Executive Order is a signed, written, and published directive or declaration from the President of a country which has a force of law. Unlike a statute, an Executive Order does not have to meet the approval of the Legislature before coming into force. Executive Orders are numbered consecutively and are at times referenced by their assigned number or topic. An executive order, in most cases, has a lifespan unlike a statute which can only be repealed or strike down by the Supreme Court before it becomes unenforceable.
What Does EO 131 Do?
According to the document, EO 131 establishes an office that will have the responsibility to investigate, design, and prescribe the methodology, mechanism, and processes that will lead to the establishment of the special war crimes court for Liberia as well as a national anti-corruption court.
This means the Office will be responsible for conducting proper inquiries that will inform decisions leading to the creation of the court.
This office will be headed by an Executive Director – a lawyer who is knowledgeable of the Liberian constitutional and criminal law and capable of working with the international community in the formulation of the mechanism, procedures, and processes that will lead to the establishment of the court.
Additionally, the Office will liaise with international partners to source funding for the Court and draft legislation for the establishment of the Anti-corruption Court.
At the same time, the Office will recommend the scope and duration of the Court as well as recommend any other means by which the Court can be established.
The order states that this office’s mandate, duration, and operations shall continue until all of the responsibilities and tasks given to it are completed. This means the office will continue to operate until the war and economic crimes court is fully established.
In short, the President’s Executive Order No. 131 did not establish the War and Economic Crimes Court, rather it established the Office that will work out modalities including sourcing funding, drafting legislation, and recommending the scope, duration, and any other means by which the court can be established.
When the Court is established, the Office that has been created by this executive order shall come to an end and cease to function.
According to Article 34 (e) of the Liberian Constitution, only the Legislature has the authority to establish court in the country and not the president.
It reads: ” The Legislature shall have the power: to constitute courts inferior to the Supreme Court, including circuit courts, claims courts and such courts with prescribed jurisdictional powers as may be deemed necessary for the proper administration of justice throughout the Republic”.
This means the directive from the President cannot establish a court but rather make preparation that will inform the setting up for the Court.
This report is produced with funding from the USAID Media Activity. The funder has No say in the editorial decisions leading to the production of this content