1 Pham, John-Peter, Liberia: Portrait of a Failed State 224 (2004).Google Scholar

2 World Bank, Liberia at a Glance (2004) at http://worldbank.org/data/countrydata/aag/lbr_aag.pdf. (last visited March 7, 2005).Google Scholar

3 Ellis, Stephen, The Mask of Anarchy: The Destruction of Liberia and the Religious Dimension of an African Civil War 315 (1999); Human Rights Watch, World Report 2003: Liberia (2003) 48 at http://www.hrw.org/wr2k3/africa7.html (last visited Apr. 10, 2005) [hereinafter Human Rights Watch, World Report 2003: Liberia (2003)]; Cliff Bernath & Sarah Martin, Peacekeeping in West Africa: A World Report 3 (Refugees International 2004), available at http://www.refintl.org/files/2992_file_PK_WestAfrica_Jun04_v2.pdf (last visited Apr. 12, 2005).Google Scholar

4 The development community continues to insist on the promotion of the rule of law, democracy, and human rights promotion in exchange for aid. But, African leaders do not necessarily follow through on their declarations to work towards these goals. As an alternative, David Leonard argues that Africa is in need of “effective development management” instead of more aid. David K. Leonard & Scott Straus, Africa's Stalled Development: International Causes & Cures 3738 (2003). Achieving this effective development management involves four different types of management behavior—public policymaking, organizational leadership, internal administration, and bureaucratic hygiene. Id. Google Scholar

5 See, e.g., Symposium, State Reconstruction After Civil Conflict, 95 Am J. Int'l L. 1 (2001) (noting that after the Second World War, internal conflicts usually end by negotiation and concession, not by conquest or unconditional surrender); Interview by Robert Siegel & Michele Norris (National Public Radio) with Jacques Paul Klein, UN Secretary-General's Special Representative for Liberia, Washington, D.C. (Sept. 18, 2003) (describing the efforts of the Nigerian government to force Charles Taylor to obey the conditions of his exile in Calabar).Google Scholar

6 Robinson, Leonard H. Jr., The Role of Diplomacy in African Conflict Resolution: The Case of Liberia in Context, 19 Miller Center Report 28, 28-32, (2003).Google Scholar

7 See, e.g., National Democratic Institute for International Affairs, War Is Behind Us Now: A Report On Focus Group Research in Liberia 6, 9 (2004) at http://www.accessdemocracy.Org/library/1769_lr_war_l00104.pdf; U.S. Policy Toward Liberia: Hearing before the Subcommittee on Africa of the Committee on International Relations House of Representatives, 108th Cong. 40 (2003) (statement of Nohn Kidau, President, Movement for Democratic Change in Liberia) [hereinafter U.S. Policy Toward Liberia (statement)].Google Scholar

8 Id. Google Scholar

9 Comprehensive Peace Agreement Between the Government of Liberia and the LURD and the MODEL and Political Parties, August 18, 2003, art. XXXIV, at http://www.usip.org/library/pa/liberia/liberia_08182003_toc.html [hereinafter CPA and Accra Peace to refer to this document]Google Scholar

10 See generally, Survivor's Rights International, SRI Country Briefing: Liberia 22 (2003) (supporting the CPA's proposed creation of a TRCand National Commission on Human Rights) at http://www.survivorsrightsinternational.org/pdfs/Liberia_report.pdf [hereinafter SRI Country Briefing: Liberia]. Google Scholar

11 See generally, website for the SCSL at http://www.sc-sl.org/frontpage.html (last visited Mar. 19, 2004); Compare Report of the Secretary-General on the Establishment of a Special Court for Sierra Leone, U.N. Doc. S/2000/915 (2000) (insisting that the amnesty provision in the Lome Peace Agreement cannot be granted in respect of international crimes), available at http://www.un.org/Docs/sc/reports/2000/sgrep00.htm. [hereinafter Secretary General Report S/2000/915] with Peace Agreement Between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone, art. IX, July 7, 1999, available at http://www.usip.org/library/pa/sl/sierra_leone_07071999_toc.html (calling for a general amnesty) [hereinafter Lome Accord]. Google Scholar

12 See generally, CPA, supra note 9.Google Scholar

13 Secretary-General Report S/2000/915, supra note 11.Google Scholar

14 Id. at 21.Google Scholar

15 Lome Accord, art. VI, supra note 11.Google Scholar

16 See, e.g., Adekeye Adebajo, Building Peace in West Africa: Liberia, Sierra Leone, and Guinea-Bissau 93-95 (1989) (discussing the British in Sierra Leone); Chris Mullin, Speech at the UK Mission to the UN (Feb. 6, 2004) (welcoming the willingness of the United States to take the lead in Liberia as the French are doing in Cote d'Ivoire), at http://www.ukun.org/articles_show.asp?SarticleType=17&Article_ID=731.Google Scholar

17 See generally, Roland Oliver & Anthony Atmore, Africa Since 1800, 65 (4th ed. 1994). The “scramble for Africa” describes the manner in which European powers pushed for the partition of Africa during the third quarter of the nineteenth century, Walter Rodney, How Europe Underdeveloped Africa, 137 (1982) (describing period where Europeans made a grab for whatever they thought spelled profits in Africa).Google Scholar

18 Pham, supra note 1, at 20.Google Scholar

19 Osaghae, Eghosa E., Ethnicty, Class and the Struggle for State Power in Liberia 25 (1996).Google Scholar

20 Pham, supra note 1, at 12.Google Scholar

21 Id. at 5-11.Google Scholar

22 Id at 17.Google Scholar

23 Osaghae, supra note 19; Pham supra note 1, at 12. These sixteen ethnic groups are divided between three ethno-linguistic groups: the Mel, the Mande, and the Kwa. The Mande are divided into eight ethnic groups, the Kwa into six, and the Mel into two. Pham, supra note 1, at 12. The Mel are concentrated in the northwest of the country. The Kwa have historically been coastal seafearing people and were often recruited to assist European traders and sailors sailing in local waters. Id. The Mel and Mande speaking peoples had contacts with Europeans dating back to the seventeenth century; their chieftains traded African slaves for Western commodities. Id. Google Scholar

24 See osaghae, supra note 19, at 29-31.Google Scholar

25 See Pham, supra note 1 at 12.Google Scholar

26 Mgbeoji, Ikechi, Collective Insecurity: The Liberian Crisis, Unilateralism, & Global Order 5, 7 (2003).Google Scholar

27 See, e.g., Osaghae, supra note 19, at, 28, 31, 42 (affirming the appropriateness of the use of the colonial model to describe rule by Americo-Liberians-a peripheralised ruling class which lacks an independent material base and which is consistently challenged from within as a hegemonic class).Google Scholar

28 Adebajo, supra note 16, at 45-46; Pham, supra note 1, at 14.Google Scholar

29 Ngaima, Samuel K., Liberian Civil War, 27 futurics 102, 106 (2003).Google Scholar

30 Oliver & Atmore, supra note 17 at 190; Pham, supra note 1, at 31.Google Scholar

31 Pham, supra note 1, at 31Google Scholar

32 Id. Google Scholar

33 Id. at 31.Google Scholar

34 Id. Google Scholar

35 Id. at 32Google Scholar

36 Id. Google Scholar

37 Id. at 35Google Scholar

38 Id. Google Scholar

39 Id. at 32-41.Google Scholar

40 Id. at 38-39Google Scholar

41 Id. at 37-41; See also, osaghae, supra note 19 at 40 (implying that Firestone was more of an exploiter than an investor).Google Scholar

42 Pham, supra note 1, at 39.Google Scholar

43 Mgbeoii, supra note 26, at 2, 11.Google Scholar

44 Id. at 11.Google Scholar

45 Pham, supra note 1, at 76.Google Scholar

46 DrSesay, Amadu, Historical Background to the Liberian Crisis in The Liberian Crisis: A Photographic Expedition (1992).Google Scholar

47 Pham, supra note 1, at 76-77; Osaghae, supra note 19, at 56-60.Google Scholar

48 Pham, supra note 1, at 76-77; Osaghae, supra note 19, at 56-60.Google Scholar

49 Pham, supra note 1, at 78-79; Osaghae, supra note 19 at 60-65.Google Scholar

50 Adebajo, supra note 16, at 45-46 (citing Doe's instigation of ethnic rivalries); Osaghae, supra note 19, at 66 (citing instances of political repression under Doe); Pham, supra note 1, at 90-91 (arguing that Doe failed to maintain productive economic relationships with the United States, the IMF, or the World Bank).Google Scholar

51 Adebajo, supra note 16, at 44-45.Google Scholar

52 Id. Google Scholar

53 Id. Google Scholar

54 Pham, supra note 1, at 88-89.Google Scholar

55 Pham, supra note 1, at 89.Google Scholar

56 Id. Google Scholar

57 Osaghae, supra note 19, at 74-77.Google Scholar

58 Pham, supra note 1, at 88.Google Scholar

59 Pham, supra note 1, at 226.Google Scholar

60 Adebajo, supra note 16, at 46.Google Scholar

61 Ngaima, supra note 29, at 103.Google Scholar

62 Id. at 103, 106-07; Yekutiel Gershoni, War Without End and an End to a War: The Prolonged Wars in Liberia and Sierra Leone, 40 AFR. stud. Rev. 55 (1997).Google Scholar

63 See Adebajo, supra note 16, at 48-49 (citing the damaging of effect of interference by contiguous states); Mgbeoji, supra note 26, at 59-70 (discussing the critiques of ECOWAS intervention in the Liberian crisis); Pham, supra note 1, at 203-206 (explaining that the foreign policy of the United States to Liberia has been one of benign neglect).Google Scholar

64 Adebajo, supra note 16, at 66-67; Pham, supra note 1, at 120-124, 173; Gershoni, supra note 52, at 55-76.Google Scholar

65 Adebajo, supra note 16, at 47.Google Scholar

66 Id. Google Scholar

67 Id. Google Scholar

68 Id. at 48.Google Scholar

69 Id. Google Scholar

70 Id. Google Scholar

71 Pham, supra note 1, at 173; Adebajo, supra note 16, at 65.Google Scholar

72 Pham, supra note 1, at 134.Google Scholar

73 Id. at 215.Google Scholar

74 Id. at 182Google Scholar

75 Id. at 178-79.Google Scholar

76 Human Rights Watch, Back to the Brink: War Crimes by Liberian Government and Rebels: A Call for Greater International Attention to Liberia and the Sub-region, at http://www.hrw.org/reports/2002/liberia/liberia0402.pdf. (last visited Mar. 7, 2005) [hereinafter HRW Back to the Brink]. Google Scholar

77 O'Connell, Jamie, Here Interest Meets Humanity: How to End the War and Support Reconstruction in Liberia, and the Case for Modest American Leadership, 17 Harv. Hum. Rts. J. 213 (2004).Google Scholar

78 Human Rights Watch, World Report 2003: Liberia (2003), supra note 3, at 48.Google Scholar

79 Human Rights Watch, Liberia (2004) at http://hrw.org/english/docs/2004/01/21/liberi6977.html (last visited Apr. 11, 2005).Google Scholar

80 Hoffman, Danny, The Civilian Target in Sierra Leone and Liberia: Political Power, Military Strategy and Humanitarian Intervention, Afr. Aff. 103, 215 (2004).Google Scholar

81 For a history of the eleven year civil war in Sierra Leone and Liberia's influence, see Celina Schocken, The Special Court for Sierra Leone: Overview and Recommendations, 20 Berkeley J. Int'l L. 436 (2002)Google Scholar

82 See Levi Woodward, U.N. Report: Taylor's Liberia and the U.N. ‘s Involvement, 19. N.Y.L. sch. J. Hum. Rts. 923, 932, 938 (2003).Google Scholar

83 Pham, supra note 1, at 156.Google Scholar

84 Id. at l57.Google Scholar

85 Id. Google Scholar

86 Id. at 159-161Google Scholar

87 Leonard & Straus, supra note 4, at 69-70.Google Scholar

88 Survivors’ Rights International, SRI Background Alert: Liberia, at http://www.suivivorsrightsintem (last visited Mar. 7, 2005).Google Scholar

89 SRI Country Briefing: Liberia, supra note 10 at 10.Google Scholar

90 Id. Google Scholar

91 see Human Rights Watch available at www.hrw.org; Refugees International, available at http://www.refugeesinternational.org/cgi-bin/ri/index; International Crisis Group available at http://www.crisisweb.org/home/index.cfm; Amnesty International available at www.amnesty.org.Google Scholar

92 The crime against humanity comprises grave offenses, such as murder, deportation, and torture as well as persecution based on political, racial, and religious grounds. These crimes transcend the national boundaries and they violate the law of all nations.Google Scholar

93 Human Rights Watch, World Report 2002, Sierra Leone (2002), at http://hrw.org/wr2k2/africal0.html (last visited Mar. 11, 2005) [hereinafter HRW: World Report 2002, Sierra Leone]. Google Scholar

94 See generally, Human Rights Watch, How to Fight, How to Kill: Child Soldiers in Liberia (2004) at http://hrw.org/reports/2004/liberia0204/, (last visited Apr. 10, 2005); Human Rights Watch, Sierra Leone: Getting Away with Murder, Mutilation, and Rape (1999), at http://www.hrw.org/reports/1999/sierra/ (last visited Apr. 10, 2005).Google Scholar

95 Dufka, Corinne, Liberia: Do Not Forget the Crimes, Int'l Herald Trib., Feb 6. 2004, at http://hrw.org/english/docs/2004/02/06/liberi7280.htm.Google Scholar

96 See, e.g., Human Rights Watch, Back to the Brink, supra note 76.Google Scholar

97 See generally, Hoffman, supra note 80, at 211-226. Hoffman explains that the Kamajor Militia, Sierra Leoneon government fighters employed to contain the rebels during the Sierra Leonean civil war, became increasingly disillusioned with the DDR (disarmament, demobilization, and reintegration) campaign at the end of the Sierra Leone war because RUF fighters were rewarded with incentive packages, job training, and reintegration benefits, while the kamajors were not rewarded for their work in defense of the established order. Id. The result was that the Sierra Leonean Kamajors and Liberian dissidents formed the Liberian rebel movement LURD that led the attacks in the second Liberian civil war. Id. Hoffman sees the tactics used by LURD as much more deadly and civilian targeted than the attacks used by the same kamajor fighters in Sierra Leone, which for him was an indication that being a rebel has its pay off. Id. Google Scholar

98 See Leonard & Straus, supra note 4, at 68-70.Google Scholar

99 Pham, supra note 1, at 64-7. Several scholars have devoted attention to ancient religious societies in Liberian culture. See e.g., Ellis, supra note 3, at 220-280 (connecting war, power, and the spiritual order). The central government of Liberia has never been able to assert its control over the Poro and the Sande societies, that play the role in transmission of traditional lore and initiation of indigenous Liberians. Id. These religious cults were popular before the creation of the state and during the Americo-Liberian rule. Today, even practicing Christians are initiated into these societies. During his rule, President Barclay attempted to eradicate this aspect of Liberian society by jailing certain ringleaders. Members of these societies have killed and consumed individuals, raided towns, and brought human flesh to market for sale. In 1952 President Tubman passed a law creating a post of secretary of the interior charged with overseeing matters pertaining to these indigenous societies. Yet President Tolbert, Tubman's successor, President Doe and President Taylor were all initiated into these cults. Pham, supra note 1, at 64-7.Google Scholar

100 Id. at 66.Google Scholar

101 Id. at 63-67Google Scholar

102 Id. at 67.Google Scholar

103 Lome Accord, Annex, supra note 11.Google Scholar

104 Pham, supra note 1, at 167.Google Scholar

105 Ward, Kathy, Might v. Right: Charles Taylor and the Sierra Leone Special Court, 11 No. 1 Hum. Rts. Brief 8 (2003)Google Scholar

106 Agence France Press, Charles Taylor: Exiled but Still Pulling Strings (Oct. 21, 2003) at http://www.globalpolicy.org/security/issues/liberia/2003/1012strings.htm.Google Scholar

107 The Analyst, Taylor's Money Trail Raises Eyebrows (Dec. 17, 2004) at http://allafrica.com/stories/200412170160.html.(last visited Mar. 12, 2005).Google Scholar

108 Rotberg, Robert I., The Failure and Collapse of Nation-States: Breakdown, Prevention, and Repair, in When States Fail: Causes and Consequences 11 (Robert Rotberg ed., 2004) ([hereinafter Rotberg, When States Fail].Google Scholar

109 Rose-Ackerman, Susan, Establishing the Rule of Law in When States Fail: Causes and Consequences, 211 (2004)Google Scholar

110 Ward, supra note 105, at 8.Google Scholar

111 It is always difficult to provide a complete definition for a term that sums up so much. Recognizing the need to define key terminology, however, I rely on the work of Robert Rotberg, Director of the Kennedy School of Government's Program on Intrastate Conflict and President of the World Peace Foundation's characterization of a failed state. Rotberg, When States Fail, supra note 108 at 5-9. First, and most importantly, Rotberg ranks states according to certain performance criteria. Id. at 2. Starting from the premise that nation-states exist to provide a decentralized method of delivering political goods to persons living within designated parameters, Rotberg provides the following performance criteria as a means to measure the ability of states to provide political goods: (1) human security (to prevent cross-border invasions and infiltrations, and any loss of territory; to eliminate domestic threats to or attacks upon the national order and social structure; to prevent crime and any related dangers to domestic human security; and to enable citizens to resolve their differences with the state and with their fellow inhabitants without recourse to arms or other forms of physical coercion); (2) codes and procedures that comprise an enforceable body of law, security of property and inviolable contracts, an effective judicial system, and a set of norms that legitimate and validate the values embodied in a local version of the rule of law; (3) essential freedoms (e.g. the right to participate in politics and compete for office); and (4) other goods such as medical and health care; schools and educational instruction; roads; communications networks; a money and banking system; a beneficent fiscal and institutional context within which citizens can pursue personal entrepreneurial goals; space for the flowering of civil society, etc. Id. at 2-5. Second, Rotberg emphasizes that political goods two through four only become possible when a reasonable measure of security is guaranteed. Id. at 3. Third, a failed state is one where violence consumes the state, where regimes prey on their constituents, where the state has no control of peripheral regions, where there is a state of lawlessness that develops in the state in reaction to the state's own criminal behavior, and where the state can only provide limited quantities of other essential political goods. Id. at 5-9. Fourth, a failed state does offer economic opportunity, but only for the ruling elites, hence the term “corruption.” Id. at 8.Google Scholar

112 Id. at 11Google Scholar

113 Rotberg, Robert I., Failed States in a World of Terror, 81 Foreign Affairs 4, 127-40 (2002).Google Scholar

114 Id. Google Scholar

115 Id. Google Scholar

116 When I use the term “illegitimate,” I simply mean through forms not necessarily approved of by the society where the ruling is taking place.Google Scholar

117 Cesaire, Aime, Discours Sur Le Colonialisme 37 (Joan Pinkham trans., Monthly Review Press, 2000) (1955).Google Scholar

118 Mamdani, Mahmood, Citizen and Subject: Decentralized Despotism and the Legacy of Late Colonialism 17 (1996).Google Scholar

119 Id at 18Google Scholar

120 Id. Google Scholar

121 Id. at 109.Google Scholar

122 Oliver & Atmore, supra note 17, at 266.Google Scholar

123 Rotberg, When States Fail: Causes and Consequences, supra note 108, at 21; See generally, Rodney, supra note 17 (discussing the decisiveness of the period of colonialism and its negative consequences for Africa, principally Africa's underdevelopment through a loss of power).Google Scholar

124 Oliver & Atmore, supra note 17, at 266.Google Scholar

125 Leonard & Straus, supra note 4, at 6 (arguing that the postcolonial state has less ability to coerce its subjects, leading to a heavier reliance on patronage).Google Scholar

126 Id. at 10.Google Scholar

127 Rodney, supra note 17, at 149.Google Scholar

128 Id. at 160.Google Scholar

129 Id. at 164.Google Scholar

130 Pham, supra note 1, at 37-41.Google Scholar

131 Id. at 193.Google Scholar

132 Id. at 198.Google Scholar

133 Id. at 234.Google Scholar

134 Id. at 225.Google Scholar

135 Id. at 225.Google Scholar

136 See Id. at 31-32.Google Scholar

137 See generally, MGBEOJI, supra note 26, at 5 (explaining that the young state of Liberia quickly adopted the politics of Americanized elitism by divorcing itself from its African roots and heritage and blindly copying foreign norms, structures, and prescriptions of government).Google Scholar

138 See osaghae, supra note 19 at 23.Google Scholar

139 Pham, supra note 1, at 59-60.Google Scholar

140 Osaghae, supra note 19, at 46.Google Scholar

141 Id. at 50-53.Google Scholar

142 Id. Google Scholar

143 Rotberg, supra, note 113, at 127-40.Google Scholar

144 The characteristics of a failed state include: a rise in criminal and political violence; a loss of control over their borders; rising ethnic, religious, linguistic, and cultural hostilities; civil war; the use of terror against their own citizens; weak institutions; a deteriorated or insufficient infrastructure; an inability to collect taxes without undue coercion; high levels of corruption; a collapsed health system; rising levels of infant mortality and declining life expectancy; the end of regular schooling opportunities; declining levels of GDP per capita; escalating inflation; a widespread preference for non-national currencies; and basic food shortages, leading to starvation. Rotberg, supra, note 113, at 127-40.Google Scholar

145 Id. Google Scholar

146 Rotberg, supra note 108 at 28.Google Scholar

147 Adebajo, supra note 16, at 47.Google Scholar

148 Rotberg, supra note 108 at 22-25.Google Scholar

149 Adebajo, Adekeye, supra note 16, at 44.Google Scholar

150 Ellis, supra note 3, at 106-107.Google Scholar

151 Id. Google Scholar

152 Id. Google Scholar

153 Leonard & Straus, supra note 4, at 70-71. Leonard and Straus explain that as an enclave economy, Liberia has access to rubber, iron ore mines, timber, gold and diamonds. Id. In fact, diamonds have recently become a lucrative commodity in the country. Id. Google Scholar

154 Rotberg, When States Fail, supra note 108, at 7.Google Scholar

155 Pham, supra note 1, at 32-37, 87-91.Google Scholar

156 Kataoka, Sadaharu, The Plight of African States and Good Governance 1 (2003), at www.ciaonet.org/wps/kas09.Google Scholar

157 Id. Google Scholar

158 Leonard & Straus, supra note 4, at 30.Google Scholar

159 Id. Google Scholar

160 World Bank Institute, About Governance (defining governance as the traditions and institutions by which authority in a country is exercised for the common good), at http://www.worldbank.org/wbi/governance/about.html (last checked Apr. 7, 2005).Google Scholar

161 International Monetary Fund, Good Governance: The IMF's Role (emphasizing aspects of good governance that are most closely related to surveillance over macroeconomic policies-namely, the transparency of government accounts, the effectiveness of public resource management, and the stability and transparency of the economic and regulatory environment for private sector activity), at http://www.imf.org/external/pubs/ft/exrp/govern/govindex.htm (last checked Apr. 7, 2005)Google Scholar

162 Kataoka, supra note 156, at 2.Google Scholar

163 In recent years this model is beginning to be critiqued. See, e.g., Stephen Golub, Beyond Rule of Law Orthodoxy: The Legal Empowerment Alternative, (Carnegie Endowment for International Peace, Rule of Law Series, Democracy and Rule of Law Project No. 41 2003) (advancing an alternative approach to the dominant rule of law paradigm: legal empowerment- the use of legal services and related development activities to increase disadvantaged populations’ control over their lives).Google Scholar

164 Rotberg, supra note 108, at 6.Google Scholar

165 Cesaire, supra note 117, at 52.Google Scholar

166 Id. at 41.Google Scholar

167 Id. at 39Google Scholar

168 Pham, supra note 1, at 219.Google Scholar

169 See, e.g., Sixth Progress Report of the Secretary-General On the United Nations Mission in Liberia, U.N. Doc. S/2005/177, 2 (citing attempts by some senior government officials to circumvent provisions of the TRC) [hereinafter S/2005/177]; The News, Let's Maintain the Peace At All Costs (Mar. 21, 2005) available at http://allafrica.com/stories/200503211283.html.Google Scholar

170 Secretary-General Report S/2000/915, supra note 11, Annex at 15, Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone; Laura Hall & Nahal Kazemi, Prospects for Justice and Reconciliation in Sierra Leone, 44 harv. Int'l L.J. 287, 288 (2003)Google Scholar

171 Lome Accord, supra note 11.Google Scholar

172 Id. at art IGoogle Scholar

173 Id. at art. IXGoogle Scholar

174 Id. at art IIIGoogle Scholar

175 Id. art VI.Google Scholar

176 Murphy, Sean D., United States Practice in International Law 380 (vol. 1 1999-2000).Google Scholar

177 See, e.g., First Report on the United Nations Mission in Sierra Leone (UNAMSIL) at 2, U.N. Doc. S/1999/1223 (1999).Google Scholar

178 Pham, supra note 1, at 166.Google Scholar

179 Fowler, Robert P., Statement by Ambassador to The UN Security Council On The Situation in Sierra Leone, Department of Foreign Affairs and International Trade of Canada (May 11, 2000), at http://www.un.int/canada/html/s-11may2000fowler.htm.Google Scholar

180 Malan, Mark, et al., Peace with Justice? The Special Court and the Truth and Reconciliation Commission, in Peace Keeping in Sierra Leone: UNAMSIL Hits the Home Straight, available at http://www.iss.co.za/pubs/monographs/No68/Chap11.html (last visited Apr. 12, 2005)Google Scholar

181 Pham, supra note 1, at 166Google Scholar

182 International Center for Transitional Justice, Statement by International Center for Transitional Justice, at http://www.un-ngls.org/cso/cso3/security2.html (June 22, 2004)[hereinafter ICTJ, Statement]. Google Scholar

183 Samu, Marian, Truth and Reconciliation Commission Presents Report, The Republic of Sierra Leone State House Online, at http://www.statehouse-sl.org/trc-fin-rep-oct5.html (last visited Mar. 7, 2005).Google Scholar

184 Malan et al., supra note 180; International Crisis Group (ICG), Sierra Leone's Truth and Reconciliation Commission: A Fresh Start?, at http://www.crisisgroup.org/home/index.cfm?id=1801&1=1 (Africa Briefing; 2002) (last visited Apr. 11, 2005); Pricilla Hayner, “The Sierra Leone Truth and Reconciliation Commission: Reviewing the First Year” 1, 6, The International Center for Transitional Justice (2004) at http://www.ictj.org/downloads/SL_TRC_Case_Study_designed.pdf. (last visited Mar. 21, 2005)Google Scholar

185 Samu, supra note 183.Google Scholar

186 See Id. (paraphrasing the UNICEF Regional Director for West and Central Africa, Dr. Rima Salah).Google Scholar

187 Secretary General Report S/2000/915, supra note 11 at 1.Google Scholar

188 National Democratic Institute for International Affairs, Liberia: Civil Society's Role in the Political Transition at 5 (2004) at http://www.accessdemocracy.org/library/1710_lr_civilsociety_10104.pdf (last visited Apr. 11, 2005) [hereinafter, NDI, Civil Society's Role]. Google Scholar

189 International Crisis Group, Rebuilding Liberia: Prospects and Perils (Africa Report No. 75. 2004), available at http://www.crisisweb.org/home/index.cfm?l=2&id=1170 (last visited Mar. 21, 2005)[hereinafter ICG, Rebuilding Liberia] Google Scholar

190 CPA, art. XXI (2), supra note 9.Google Scholar

191 Id. at art. IIGoogle Scholar

192 Id. at art. III (2) (e)Google Scholar

193 Id. at art. IV (7)Google Scholar

194 Id. at art. VII (1) (b)Google Scholar

195 Id. at art. XIII.Google Scholar

196 Id. at art. XVIGoogle Scholar

197 Id. at art. XXI(6)Google Scholar

198 Id. at art. XXIV(3)(b), (4). The NTGL has three branches: the NTLA, the Executive and the Judiciary.Google Scholar

199 Id. at Annex 4 (Allocation of Cabinet Positions, Public Corporations and Autonomous Agencies/ Commission Under the NTGL)Google Scholar

200 Id. at art. XXXIVGoogle Scholar

201 S/2005/177, supra note 169.Google Scholar

202 Alao, Charles Abiodun, Commentary on the Accords, in The Liberian Peace Process 1990-1996 (Conciliation Resources, Accord Programme, Jeremy Armon & Andy Carl eds., 1996), at http://www.c-r.org/accord/lib/accordl/alao.shtml. (Last visited Feb. 9, 2005).Google Scholar

203 International Crisis Group (ICG), Liberia: Security Challenges, 3-4 (Africa Report No. 71. (2003), available at http://www.humanitarianinfo.org/liberia/services/security/reports/docs/ICG-report%20on%20Liberia.pdf (last visited Apr. 11, 2005) [hereinafter ICG, Security Challenges] Google Scholar

204 See Annex to Secretary General Report S/2000/915, supra note 11, at 15Google Scholar

205 CPA, art XXXIV, supra note 9.Google Scholar

206 U.S. Policy Toward Liberia, supra note 7, at 37. (statement of Nohn Kidau).Google Scholar

207 See generally Adebajo, supra note 16 at 43-78 (describing and considering the durability of the several Liberian peace agreements that emerged since 1997).Google Scholar

208 Id. at 66.Google Scholar

209 Alao, supra note 202.Google Scholar

210 Id. Google Scholar

211 Pham, supra note 1, at 137-138.Google Scholar

212 Mgbeoji, supra note 26, at 20-21.Google Scholar

213 Pham, supra note 1, at 121.Google Scholar

214 Id. at 51-52.Google Scholar

215 Id. at 52.Google Scholar

216 Id. at 54.Google Scholar

217 Alao, supra note 202.Google Scholar

218 Adebajo, supra note 16, at 53.Google Scholar

219 mgbeoji, supra note 26, at 24.Google Scholar

220 Id. at 56-58.Google Scholar

221 Alao, supra note 202.Google Scholar

222 Id. Google Scholar

223 Id. Google Scholar

224 Adebajo, supra note 16, at 58.Google Scholar

225 Id. at 60.Google Scholar

226 Id. at 59.Google Scholar

227 Id. at 61.Google Scholar

228 Id. Google Scholar

229 Id. at 68.Google Scholar

230 Id. at 69.Google Scholar

231 Id. at 70.Google Scholar

232 Id. at 71.Google Scholar

233 One might argue that Charles Taylor initiated this pattern of negotiation with warlords. Even after the first civil war when the international community was in negotiations with Charles Taylor over the Abuja agreement, Taylor contended that only the inclusion of warlords who held effective control of the country would guarantee that any interim regime might be able to exercise leadership. See Pham, supra note 1, at 126. Pham argues that the acceptance of this rationale stood in stark contrast to a previous policy of bolstering the civilian political leaders. Id. Google Scholar

234 CPA, Annex 4, supra note 9.Google Scholar

235 Id. Google Scholar

236 ICG, Rebuilding Liberia, supra note 189, at 13.Google Scholar

237 Id. Google Scholar

238 MGBEOJI, supra note 26, at 26.Google Scholar

239 Id. Google Scholar

240 Id. at 26, 37.Google Scholar

241 CPA, art. XXXIV, supra note 9.Google Scholar

242 Gallagher, Karen, No Justice, No Peace: The Legalities and Realities of Amnesty in Sierra Leone, 23 T. jefferson L. Rev. 149 (2000); Human Rights Watch, The Sierra Leone Amnesty under International Law (1999), at http://www.hrw.org/campaings/sierra/int-law2.htm (last visited Apr. 10, 2005)Google Scholar

243 In some cases the granting of amnesty conforms to international law while in other cases a granting of amnesty would be a clear violation of international law. See Gallagher, supra note 242, at 166-174. It is not absolute whether states have a duty to prosecute certain violations. Id. In international law, the answer lies in a case by case determination. Id. Google Scholar

244 Secretary General Report S/2000/915, supra note 11, at 5.Google Scholar

245 Human Rights Watch, The Sierra Leone Amnesty under International Law, supra note 242.Google Scholar

246 Murphy, supra note 176, at 380.Google Scholar

247 NDI, Civil Society's Role, supra note 188, at 5-6. This summary highlights the tension that the Accra Agreement represents where civil society has a new role as member of the NTGL. Id. at 8. In some ways, civic leaders have abdicated their traditional role as watchdogs of the politicians because now civic members are political insiders. Id. Although civil society can take on many meanings, traditionally civil society is non-political, nongovernmental, broad based and representative of the masses. Id. at 11.Google Scholar

248 CPA, supra note 9.Google Scholar

249 NDI, Civil Society's Role, supra note 188, at 14Google Scholar

250 ICTJ, Statement, supra note 182.Google Scholar

251 Id. Google Scholar

252 NDI, Civil Society's Role, supra note 188, at 8.Google Scholar

253 Id. at 11.Google Scholar

254 Dukuly, Abdullah, Development-Liberia: Rise In Crime Ignites Mob Justice, 1 Global Information Network. (Apr 16, 2004), available at http://proquest.umi.com/pqdweb?did=618656161&sid=1&Fmt=3&clientId-1566&RQT=309&VName=PQD. (last visited Apr. 12, 2005).Google Scholar

255 IRINnews.org, Liberia: LURD Drops Threat to Hold Up Disarmament (Dec. 3 2003), available at http://www.irinnews.org/report.asp.l (last visited Apr. 10, 2005); The Analyst, Chaos at Freeport Again (Sept 30, 2004), available at http://allafrica.com/stories/printable/2004090300189.html (last visited Apr. 10, 2005); The Inquirer, We Denounce Attack On UNMIL Soldiers (Mar. 24, 2005), available at http://allafrica.com/stories/200503250419.html (last visited Apr. 10, 2005)Google Scholar

256 ICG, Rebuilding Liberia, supra note 189, at 7.Google Scholar

257 United Nations News Service, Liberia: UN Run-Disarmament Tops Expectations but Aid Needed to Help Ex-Fighters, UN news service, (Oct. 20, 2004) available at http://www.reliefweb.int/rw/rwb.nsf/0/6df36ebda9ce774585256f330067adlf?OpenDocument (last visited Apr. 12, 2005).Google Scholar

258 O'Connell, supra note 77, at 207, 216.Google Scholar

259 U.S. Policy Toward Liberia, supra note 7, at 37 (statement Nohn Kidau).Google Scholar

260 The Special Court for Sierra Leone website, supra note 11.Google Scholar

261 See, e.g., Henry Mbawa, Can the Special Court Deliver on its Promise to End the Culture of Impunity in Sierra Leone, campaign for good governance (Mar. 30, 2005), available at http://allafrica.com/stories/200504060400.html. (last visited Apr. 10, 2005); John Mannah, Stop the Politics of Personal Destruction, concord Times (Apr. 6 2005), available at http://allafrica.com/stories/200504060306.html (noting that Vice President Solomon Berewa of Sierra Leone has the qualities that any democratic nation should desire in a vice president-credibility, morality, integrity, and dignity) (last visited Apr. 10, 2005).Google Scholar

262 This article makes no attempt to address the legal remedy that should be imposed after prosecution is complete or to address the type of remedy that the State of Liberia should request in prosecuting elites that have been responsible for state failure. Susan Rose-Ackerman has dealt with the issues that arise in assigning responsibility and imposing punishments across societies. See Rose-Ackerman, supra note 109, at 183. Although Rose-Ackerman makes no claim to be in support of holding prior rulers and public officials to account for past actions, she does suggest an interesting remedy for allegations of corruption. She argues that prosecutions for corruption could be part of an effort to locate and repatriate corrupt proceeds deposited abroad. Id. at 188. In my opinion, the repayment of stolen funds would be an apt remedy for crimes that fall under the culture of impunity that I have described here. Rose-Ackerman further argues that “a criminal law system based on fines and restitution would take on many of the characteristics of the civil liability system.” Id. Punishments other than imprisonment are a very viable option for actors like Charles Taylor.Google Scholar

263 Tiefenbrun, Susan, Peace with Justice, 3 hofstra L. & Pol'y Symp. 1 (1999) (discussing the history and development of three war crimes tribunals: Nuremberg, ICTY, and ICTR); Fausto Pocar, The Proliferation of International Criminal Courts and Tribunals, 2 J. Int'l Crim. Just. 304 (2004) (discussing the establishment of the SCSL, the Special Panels for Serious Crimes for East Timor, and the Extraordinary Changers in the Courts for Cambodia).Google Scholar

264 O'Connell, supra note 77, at 207.Google Scholar

265 This is a popular justification for the establishment of international, mixed tribunals, or national tribunals with international participation and supervision. For example, Fausto Pocar (Judge and Vice-President of the ICTY) argues that the ultimate goal of these international courts and tribunals is to prevent further violations and to achieve respect for the norms and principles of these distinct branches of international law. See Pocar, supra note 263 at 306. Pocar also addresses the critique that the proliferation of these courts will produce case law that is inconsistent. Pocar responds that concurring or divergent interpretations of international case law will make these areas of law develop more robustly. More importantly Pocar argues that the proliferation of international courts is “a necessity in the current situation of international relations, aimed at progressively strengthening the incipient international system of criminal jurisdiction.” Id. at 307. The most important factor to Pocar is that the tribunals meet the criteria of independence and impartiality and that they get support from the international community as a whole. Id. at 304.Google Scholar

266 For discussions on potential evidentiary and other legal issues that are beginning to present themselves to both the TRC and the SCSL see generally Daniel J. Macaluso, Absolute and Free Pardon: The Effect of the Amnesty Provision in the Lome Peace Agreement on the Jurisdiction of the Special Court for Sierra Leone, 27 Brook. J. Int'l L. 347 (2001); Hall & Kazemi, supra note 170, at 287; Elizabeth M. Evenson, Truth and Justice in Sierra Leone: Coordination Between Commission and Court, 104 Colum. L. Rev. 730 (2004); and Marieke Wierda et al., Exploring the Relationship between the Special Court and the Truth and Reconciliation Commission of Sierra Leone, The International Center for Transitional Justice (2002) available at http://www.ictj.org/downloads/TRCSpecialCourt.pdf.Google Scholar

267 ICTJ, Statement, supra note 182.Google Scholar

268 U.N. Doc. S/2000/1055Google Scholar

269 Frulli, Micaela, The Special Court for Sierra Leone: Some Preliminary Comments, 11 Eur. J Int'l L 833 (2000). The SCSL is the first ad hoc criminal tribunal based upon an agreement between the UN and the government of a member state. The judges are to be appointed partly by the Government of Sierra Leone and party by the UN. Further, the Court's jurisdiction embraces both international crimes and crimes of national character.Google Scholar

270 Lansana Gberie, Briefing: The Special Court of Sierra Leone, Afr. Aff. 637, 641 (2003)CrossRefGoogle Scholar

271 Secretary General Report S/2000/915, supra note 11 at 6.Google Scholar

272 Wierda, et al., supra note 266 at 2.Google Scholar

273 The allegations against Taylor are that he financed, trained and gave logistical support to rebels, mainly the RUF, in Sierra Leone. See Jess Bravin, Peace vs. Justice: A Prosecutor Vows No Deals for Thugs In Sierra Leone War; American's Zeal Complicates Diplomat's Ideas to Deal With Crisis in West Africa, Wall St J. (Jul. 28, 2003) at A1.Google Scholar

274 HRW, World Report 2002: Sierra Leone, supra note 93.Google Scholar

275 Special Court Sierra Leone, supra note 11.Google Scholar

276 Secretary General Report S/2000/915, supra note 11 at 3-5.Google Scholar

277 Id. at 3.Google Scholar

278 Akhavan, Payam, The International Criminal Tribunal for Rwanda: The Politics and Pragmatics of Punishment, 90 Am. J. Int'l L. 501, 501 (1996). Chapter VII authority allows the UN to take any measure to restore peace and stability. Basic Documents in International Law 11 (Ian Brownlie ed., 5th ed., 2002). For this reason, it is legally binding for UN member states to comply with the orders and requests of those Courts. Id. Ultimately, Chapter VII powers can be used for the specific purpose of requesting the surrender of an accused from outside the jurisdiction of the court. Id. Google Scholar

279 Human Rights Watch, Sierra Leone: Landmark Rulings Advance Justice, available at http://hrw.org/english/docs/2004/05/31/sierra8629.htm (last visited Mar. 2, 2005).Google Scholar

280 Secretary-General Report S/2000/915, supra note 11, at 5.Google Scholar

281 Id. at 10-11.Google Scholar

282 Sieff, Michelle, A “Special Court “for Sierra Leone's War Crimes (Crimes of War Project, 2001) at http://www.globalpolicy.org/security/issues/sierra/court/2001/analysis.htm. (last visited Mar. 21, 2005).Google Scholar

283 UN Security Council, Security Council Extends Sierra Leone Mission until 30, Sept.- with Residual Force to Remain until Jun 2005, unanimously adopts resolution 1537 (2004). at http://www.unis.unvienna.org/unis/pressrels/2004/sc8045.html. (last visited Mar. 21, 2005)Google Scholar

284 Udombana, Nsongurua J., Globalization of Justice and the Special Court for Sierra Leone's War Crimes, 17 Emory Int'l L. Rev. 55, 126 (2003)Google Scholar

285 USAID, USAID Sierra Leone Transition Strategy Phase 2 FY 2-4- FY 2006, available at http://www.usaid.gov/gn/sierraleone/background/programstrategy04_06.htm (last visited Mar. 21, 2005)Google Scholar

286 Adebajo, supra note 16 at 93-95.Google Scholar

287 Bravin, supra note 273, at A1.Google Scholar

288 See, e.g., Laurel Fletcher & Harvey M. Weinstein, Violence and Social Repair: Rethinking the Contribution of Justice to Reconciliation, 24 HUM. RTS. Q. 573-639 (2002).Google Scholar

289 See, e.g., Martha Minow, Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence 70-72 (1998); Laurel Fletcher, Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence, 19 Berkeley J. Int'l L. 428 (2001) (book review); Fletcher & Weinstein, supra note 288 at 573.Google Scholar

290 Fletcher, supra note 289, at 431-34.Google Scholar

291 See, e.g., Fletcher & Weinstein; supra note 288 at 600 (citing the lack of data regarding the contributions of justice to process of social repair); International Center for Transitional Justice (ICTJ), The “Legacy” of the Special Court for Sierra Leone 11 (2003)(citing potential threats to the Court's legacy including lack of outreach, lack of ownership, perceived bias, lack of access, and false expectations), available at http://www.ictj.org/downloads/LegacyReport.pdf (last checked Apr. 12, 2005)[hereinafter ICTG, Legacy]; Udombana, supra note 284, at 119 (2003) (discussing the argument that prosecutions may undermine respect for the law in a society undergoing transition); Danilo Zolo, Peace Through Criminal Law?, 2 J. Int'l Crim. Just. 727, 727 (2004) (arguing that the normative structure of international criminal justice remains quite uncertain and confused when compared to domestic law); Sarah Williams, The Cambodian Extraordinary Chambers—A Dangerous Precedent for International Justice?, 53 ICLQ 227, 244 (2004) (noting serious reservations regarding the ability of the Chambers to meet international standards of procedural fairness and judicial independence and impartiality).Google Scholar

292 ICTJ, Legacy, supra note 291, at 1, 8, 11Google Scholar

293 Id., at 11.Google Scholar

294 Fletcher & Weinstein, supra note 288, at 600.Google Scholar

295 See generally O'Connell, supra note 77, at 207, 232 (noting that the international reconstruction effort in Liberia is likely to face a shortage in funding and experts); Symposium, Tribunal Justice: The Challenges, The Record, and the Prospects, 13 Am U. Int'l L. Rev. 1541, 1546 (1998) (acknowledging generally the problem of resources and tribunals); William Burke-White, Regionalization of International Criminal Law Enforcement: A Preliminary Exploration, 38 TEX. Int'l L. J. 729, 738 (2003) (arguing that regional courts could reduce the financial burden of international criminal law enforcement).Google Scholar

296 See, e.g., Jeremy Sarkin & Erin Daly, Too Many Questions, Too Few Answers: Reconciliation in Transitional Societies, 35 colum. Hum. Rts. L Rev. 661, 719 (2004) (noting that while policy makers promote reconciliation programs they do not pay attention to the serious questions that reconciliation programs raise); Erin Daly, Between Punitive and Reconstructive Justice: The Gacaca Courts in Rwanda, 34 N.Y.U. J. Int'l L. & Pol. 355, 356 (2002) (noting some serious deprivations of due process rights in the gacaca system and recommending amnesty to assist in reconstruction); Fletcher & Weinstein, supra note 288, at 573-639 (recommending an ecological model for social repair); Jennifer Widner, Court and Democracy In Postconflict Transitions: A Social Scientist's Perspective On the African Case, 95 Am. J. Int'l L. 64 (2001) (noting the importance of neighborhood and local forums in postconflict transitions).Google Scholar

297 See, e.g., Fletcher & Weinstein, supra note 288 at 601.Google Scholar

298 CPA, art. XXXIV, supra note 9.Google Scholar

299 Gallagher, supra note 242, at 191-193.Google Scholar

300 Id. at 168.Google Scholar

301 Sarkin & Daly, supra note 296, at 719.Google Scholar

302 Id. Google Scholar

303 Id. Google Scholar

304 Id. Google Scholar

305 Id. Google Scholar

306 See Id. Google Scholar

307 Id. Google Scholar

308 Id. Google Scholar

309 See Gallagher, supra note 242 at 169-185.Google Scholar

310 Sarkin & Daly, supra note 296 at 719.Google Scholar

311 Id. Google Scholar

312 Id. Google Scholar

313 CPA, art. XXXIV, supra note 9.Google Scholar

314 Id. at art. XIII.Google Scholar

315 Fletcher, supra note 289 at 439.Google Scholar

316 Amnesty International, Liberia: Recommendations to the International Reconstruction Conference New York 5 and 6 February 2004 (2004) available at http://web.amnesty.org/library/Index/ENGAFR340022004?open&of=ENG-LBR (last visited Mar. 21, 2005).Google Scholar

317 Sarkin & Daly, supra note 296, at 719.Google Scholar

318 Id. Google Scholar

319 See generally, Antjie Krog, Country of My Skull: Guilt, Sorrow, and the Limits of Forgiveness in the New South Africa (1998) (reporting on the South African TRC and describing the pervasiveness of guilt in South African society).Google Scholar

320 Minow, supra note 289, at 70-72.Google Scholar

321 Sarkin & Daly, supra note 296, at 724.; Fletcher, supra note 289, at 439.Google Scholar

322 Gberie, supra note 270, at 648.Google Scholar

323 ICG, Rebuilding Liberia, supra note 189, at 24.Google Scholar

324 Id. at 8.Google Scholar

325 See. e.g., Widner, supra note 296, at 64-65; Daly, supra note 296, at 366-381.Google Scholar

326 Widner, supra note 296 at 64-65.Google Scholar

327 Sarkin & Daly, supra note 296, at 692.Google Scholar

328 Id. Google Scholar

329 Widner, supra note 296, at 64.Google Scholar

330 Id. Google Scholar

331 Id. at 73, 75Google Scholar

332 Id. Google Scholar

333 Widner, supra note 296, at 65.; Christina M. Carroll, An Assessment of the Role and Effectiveness of the International Criminal Tribunal for Rwanda and the Rwandan National Justice System in Dealing with the Mass Atrocities of1994, 18 B.U. Int'l L. J. 163 (2000); Allison Corey & Sandra Joireman, Retributive Justice: The Gacaca Courts in Rwanda Afr. Aff. 103, 73-89 (2004).Google Scholar

334 Carroll, supra note 333, at 189.Google Scholar

335 Id. Google Scholar

336 Id. Google Scholar

337 Corey & Joireman, supra note 333, at 81-82Google Scholar

338 Carroll, supra note 333, at 192.Google Scholar

339 Daly, supra note 296 at 381.Google Scholar

340 Corey & Joireman, supra note 333, at 86.Google Scholar

341 Rose-Ackerman, supra note 109, at 183.Google Scholar

342 Ayittey, George B. N., Indigenous African Institutions 67 (1991); George B. N. Ayittey, The Rule of Law in Traditional African Society (The Free Africa Foundation), available at http://freeafrica.org/features6b.html (last visited Mar. 21, 2005).Google Scholar

343 Fletcher & Weinstein, supra note 288, at 586.Google Scholar

344 Teitel, Ruti, Transitional Jurisprudence: The Role of Law in Political Transformation, 106 Yale L.J. 2009, 2035 (1997).Google Scholar

345 Id. at 2035.Google Scholar

346 See generally Fletcher & Weinstein, supra note 288, at 604-606 (arguing that war crimes trials do not address the phenomenon of collective power and its influence on individuals); Zolo, supra note 291 at 727 (arguing that international criminal justice does not perform the function of transitional justice because it does not take into account modern punitive theory); Williams, supra note 291 at 227 (suggesting that the international community must wait until the Cambodian tribunal commences its operations to assess the success or otherwise of this experiment in international justice); but see Talitha Gray, To Keep You Is No Gain, To Kill You Is No Loss-Securing Justice Through the International Criminal Court, 20 Ariz. J. Int'l & Comp. L. 645 (2003) (arguing that the International Criminal Court might be the only functional forum if the United States is truly committed to prosecuting war criminals); Compare Teitel, supra note 347, at 2009 (suggesting that a limited sanction through transitional criminal justice is appropriate to attribute individual responsibility for grave wrongdoing perpetrated under repressive rule).Google Scholar

347 Fletcher & Weinstein, supra note 288, at 593.Google Scholar

348 Akhavan, supra, note 278, at 501 (1996) (noting the distance between the establishment of an ad hoc tribunal like that of Rwanda's and making it operational). In Rwanda, for example, it was clear from the outset that all who participated in the genocide could not be punished. When Akhavan wrote this article there were sixty thousand suspects in Rwandese prisons. Id. at 509. In a recent Times Discovery documentary providing an update on Rwanda ten years after the genocide, members of Rwandan society were very concerned about how the jailed individuals who were about to be released would be reintegrated in society. The fact that the court system could not address the violence committed by all perpetrators or the concerns of the Rwandan people is still a major tension in the ad hoc court movement.Google Scholar

349 Fletcher & Weinstein, supra note 288, at 573-639; Zolo, supra note 291 at 727(doubting that international criminal justice can perform functions of transitional justice because ad hoc tribunal do not take into account modern punitive theory); the International Center for Transitional Justice report on the legacy of the SCSL found that some members of Sierra Leonean society felt that a disproportionate amount of attention had been given to perpetrators, particularly through benefits from the Disarmament, Demobilization, and Reintegration program (DDR). See ICTJ, Legacy supra note 291, at 10.Google Scholar

350 Fletcher, supra note 289, at 433 (explaining the views of Martha Minow).Google Scholar

351 Id. at 605Google Scholar

352 Fletcher & Weinstein, supra note 288, at 573-639.Google Scholar

353 Id. at 584.Google Scholar

354 Id. at 601-603Google Scholar

355 See Udombana, supra note 284 at 19 (arguing that the punishment of human rights violators is the vindication of the victim's harm)Google Scholar

356 See, e.g., Payam Akhavan, Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?, 95 Am. J. Int'l L. 7 (2001) (citing modest support for the notion that international criminal prosecutions can help to prevent the continuance of the culture of impunity and foster inhibitions against habitual violence).Google Scholar

357 This is especially true when it is African societies that are now beginning to insist on punitive and retributive mechanisms. One recent manifestation of the preference of retributive justice over amnesty for example is the gacaca system (traditional Rwandan community courts) in Rwanda. It is important to note that Rwandan people rather than the Western world has chosen this system as a means to cope with the large number of Rwandans who participated in the Genocide. From the outset, the transitional Rwandan government has declined to privilege reconciliation over retributive justice. There has been widespread support for these community courts because of their emphasis on individual responsibility, their ability to strengthen the communities in which they operate, and the national democratic rule of law values promoted through the participatory process. See Daly, supra note 296, at 366.Google Scholar

358 Report, Secretary-General, S/2000/915 supra note 11 at 6-7 (explaining personal jurisdiction of the SCSL).Google Scholar

359 Bravin, Jess, supra note 273, at Al.Google Scholar

360 Akhavan, supra note 356, at 7 (arguing that stigmatization of criminal conduct may have far-reaching consequences, promoting postconflict reconciliation and changing the broader rules of international relations and legitimacy); Ward, supra note 105, at 8.Google Scholar

361 Akhavan, supra note 356.Google Scholar

362 Id. at 7Google Scholar

363 Id. Google Scholar

364 Id. at 9.Google Scholar

365 Id. at 11.Google Scholar

366 Id. Google Scholar

367 Id. at 11-12.Google Scholar

368 Id. Google Scholar

369 Id. Google Scholar

370 Id. Google Scholar

371 Id. at 12.Google Scholar

372 Id. Google Scholar

373 Id. Google Scholar

374 Id. Google Scholar

375 Id. at 14Google Scholar

376 Id. Google Scholar

377 Id. at 15.Google Scholar

378 Id. Google Scholar

379 Id. at 23.Google Scholar

380 Id. Google Scholar

381 Id. Google Scholar

382 Id. Google Scholar

383 Id. at 24.Google Scholar

384 Id at 26.Google Scholar

385 See Id. Google Scholar

386 The United Nations and Humanitarian Intervention: Building Legitimacy By Confronting Our Past- An Open Letter, 16 Fla. J. Int'l L. 483, 494 (2004) [hereinafter Open Letter] Google Scholar

387 Ward, supra note 105, at 8.Google Scholar

388 SRI Country Briefing: Liberia, supra note 10 at 18.Google Scholar

389 Professors David Leonard and Scott Straus argue that the political dynamics that characterize sub-Saharan African politics can be summarized using the “personal rule paradigm.” Leonard & Straus, supra note 4, at 104.Google Scholar

390 Golub, Stephen, a lecturer in international development and law, argues that the international aid field of law and development focuses too much on law, lawyers, and state institutions, and too little on development, the poor, and civil society. Golub, supra note 163, at 5. While the rule of law (a situation where (1) the government itself is bound by the law, (2) every person in society is treated equally under the law, (3) the human dignity of each individual is recognized and protected by law, and (4) justice is accessible to all) is a noble goal, the “rule of law” orthodoxy (a set of ideas, activities, and strategies geared toward bringing about the rule of law) takes an ineffective route. Id. at 7. This “top-down,” state-centered approach concentrates on law reform and government institutions, particularly judiciaries, to build business-friendly legal systems that presumably spur poverty alleviation. Id. at 5. Also development organizations use the rule of law orthodoxy to promote goals such as good governance and public safety. The problem as Golub sees it is not in these economic and political goals, per se, but rather “its questionable assumptions, unproven impact, and insufficient attention to the legal needs of the disadvantaged.” Id. Golub ultimately argues that international institutions should stop assuming that assistance to state institutions yields greater impact and more sustainable outcomes than does support for civil society.Google Scholar

391 Teitel, supra note 347, at 2031.Google Scholar

392 Id. at 2077.Google Scholar

393 O'Connell, supra note 77, at 227.Google Scholar

394 Id. Google Scholar

395 Sengupta, Somini, Lessons from Africa: War Crimes Without End, N.Y. Times, Dec. 21, 2003, at 4.5.Google Scholar

396 Id. Google Scholar

397 ld. Google Scholar

398 See, e.g. U.S. Policy Toward Liberia, supra note 7, at 35 (statement of Nohn Kidau).Google Scholar

399 NDI, Civil Society's Role, supra note 188, at 13.Google Scholar

400 ICG, Security Challenges, supra note 203, at 21.Google Scholar

401 U.S. Policy Toward Liberia, supra note 7, at 39 (statement of Nohn Kidau).Google Scholar

402 Warner, T. Negbalee, The Curious Relationship Between Civil Conflicts and Existing Legal Systems in Africa: The Liberian Experience, 1 chimera J. (USA/Africa Institute 2003).Google Scholar

403 U.S. Policy Toward Liberia, supra note 7, at 39 (statement of Nohn Kidau).Google Scholar

404 Sources cursorily mention the possibility of another independent internationally backed tribunal for Liberia but no specifics are given. See, e.g. Sengupta, supra note 395, at 4.5.Google Scholar

405 USAID, US Pledges $200 Million to Reconstruct Liberia, Feb. 6, 2004, at http://www.usaid.gov/press/releases/2004/pr040206.html. (last visited Mar. 21, 2005).Google Scholar

406 UN News Center, supra note 257.Google Scholar

407 Secretary-General Report, S/2000/915, supra note 11, at 11.Google Scholar

408 ICG, Security Challenges, supra note 203 at 21.Google Scholar

409 Secretary-General Report, S/2000/915, supra note 11, at 5.Google Scholar

410 Id. at 3.Google Scholar

411 International Crisis Group, The Special Court for Sierra Leone: Promises and Pitfalls of a “New Model, “ (Africa Briefing No. 16, 2003), available at http://www.globalpolicy.org/intljustice/tribunals/sierra/2003/0804icg.htm. (last visited Apr. 12, 2005) [hereinafter ICG, Promises and Pitfalls]. Google Scholar

412 Akhavan, supra note 278, at 507.Google Scholar

413 Carroll, supra note 333, at 192.Google Scholar

414 Id. at l83.Google Scholar

415 Pocar, supra note 263, at 305.Google Scholar

416 SRI Country Briefing: Liberia, supra note 10, at 7-13.Google Scholar

417 Akhavan, supra note 356, at 26.Google Scholar

418 Arbour, Louise & Morten Bergsmo, Conspicuous Absence of Jurisdictional Overreach, in Reflections on the International Criminal Court 129, 139 (Herman A. M. von Hebel, et al. eds., 1999).Google Scholar

419 Burundi (Sept. 21, 2004) and Liberia (Sept. 22, 2004) have both ratified the International Criminal Court Treaty. No Peace Without Justice International Committee, SOL ICC Member States, at http://www.npwj.org (last visited Mar. 21, 2005). Ninety-eight states have ratified the ICC. Id. Google Scholar

420 Khan, Irene, Open Letter to the Transitional Chairman of Liberia, Urging Rejection of the Impunity Agreement with the USA Concerning the International Criminal Court, Oct. 21, 2003, available at http://web.amnesty.org/library/Index/ENGAFR340202003?open&of=ENG-2F5 (last visited Apr. 12, 2005).Google Scholar

421 ICTJ Legacy, supra note 291 at 1-2.Google Scholar

422 Id. Google Scholar

423 Id. at 2.Google Scholar

424 Id. Google Scholar

425 Abbott, Kenneth W., International Relations, International Law, and the Regime Governing Atrocities in Internal Conflicts, 93 Am. J. Int'l L. 361, 374 (1999).Google Scholar

426 Id. at 375.Google Scholar

427 UN Economic and Social Council, Integration of the Human Rights of Women and the Gender Perspective Violence Against Women, Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2001/49 Cultural practices in the family that are violent towards women 7, U.N. Doc. No. (2002) [hereinafter UNESC, Violence Against Women].Google Scholar

428 Id. at 11Google Scholar

429 Id. Google Scholar

430 ICTJ, Legacy, supra note 291, at 9.Google Scholar

431 UNESC, Violence Against Women, supra note 427, at 7, 11.Google Scholar

432 See, e.g., ICG, Promises and Pitfalls, supra note 411, at 14 (discussing the possibility of brining cases against those businessmen who bear the greatest responsibility in the Sierra Leone war). The prosecutor for the Special Court has suggested that a possible line of argument against diamond dealers would be that there is an economy behind the conflict even if it is not a direct cause. Id.; Enclosure to Secretary-General Report S/2000/915, supra note 11, at 22, Statute of the Special Court for Sierra Leone, art. V.Google Scholar

433 Ellis, supra note 3, at 265 (describing practice of ritual cannibalism).Google Scholar

434 Id. at 221Google Scholar

435 Id. at 242, 245Google Scholar

436 Id. at 251.Google Scholar

437 Id. at 255.Google Scholar

438 Id. at 262.Google Scholar

439 Open Letter, supra note 386, at 494. In many past conflicts, the crises were similar yet the UN humanitarian missions were not deployed consistently. Some argue that this distance can be attributed to any of three reasons, the “Somalia Syndrome,” so named because of the death of U.S. forces, racial disparity, and political will.Google Scholar

440 Id. Google Scholar

441 Id. Google Scholar

442 Id. at 17.Google Scholar

443 See, Woodward, supra note 82, at 923, 938(arguing that Liberia receives little public light compared to other countries that have committed such atrocities).Google Scholar

444 See, e.g., Warner, supra note 402, at 5.Google Scholar

445 Wantu, Moses, GRC Finds Flaws with LNTG, The Analyst, Feb. 23, 2005, at http://allafrica.com/stories/200502230444.html. (last visited Apr. 11, 2005).Google Scholar

446 Id. Google Scholar

447 Rotberg, When States Fail, supra note 108, at 31.Google Scholar

448 Id. Google Scholar

449 U.S. Policy Toward Liberia, supra note 7, at 35 (statement of Nohn Kidau).Google Scholar

450 O'Connell, supra note 77, at 232.Google Scholar

451 Id. Google Scholar

452 Open Letter, supra note 386.Google Scholar

453 See, e.g., Christopher Marquis & Thom Shanker, Pentagon Leaders Warn of Danger for U.S. in Liberia, N.Y. times, July 25, 2003, at A1; but see, Chinua Akukwe, Liberia: The Failure of Africa and United States Leadership, perspective, July 25, 2003.Google Scholar

454 O'Connell, supra note 77 at 241, 244.Google Scholar

455 Sengupta, Somini, Liberia Seen As Icon of World's Neglect of Africa, N.Y. Times, May 21, 2003, at A4.Google Scholar

456 O'Connell, supra note 77 at 241.Google Scholar

457 Id. Google Scholar

458 Id. at 209.Google Scholar

459 Id. at 209.Google Scholar

460 In the midst of the second Liberian civil war, Charles Taylor attempted to invoke the sympathy of the United States and President George Bush by drawing upon the historical relationship between the two countries: “Our capital is named after your President Monroe. Our flag is a replica of yours. Our laws are patterned after your laws. We in Liberia have always considered ourselves ‘stepchildren’ of the United States. We implore you to come help your stepchildren who are in danger of losing their lives and their freedom.” Pham, supra note 1, at 100.Google Scholar

461 Pham, supra note 1, at 100.Google Scholar

462 Open Petition to the United States Government, perspective, July 24, 2003, at http://www.theperspective.org/openpetitionus.htrm.Google Scholar

463 Howland, Todd & Kadili, Abdelilah, Liberia: The Need for a Robust Intervention and Planning for an Effective Transition, center for hum. rts Newsletter 1 (2003).Google Scholar

464 U.S. Policy Toward Liberia, supra note 7, at 9 (statement of Walter Kansteiner).Google Scholar

465 See also O'Connell, supra note 77, at 244 (arguing that the United States bears some responsibility for Liberia's disintegration. By supporting Samuel Doe, the United States sent the message that there was no point to moderate opposition and that only rebellion could oust him. This continual support of corrupt leaders in Liberia might give the US some moral responsibility to provide a small portion of military and financial resources to help Liberia rebuild).Google Scholar

466 U.S. Policy Toward Liberia, supra note 7, at 5 (statement of Donald Payne).Google Scholar

467 Id. at 8 (statement of Walter H. Kansteiner).Google Scholar

468 Id. at 7.Google Scholar

469 Id. Google Scholar

470 Id. at 12 (statement of Theresa Whelan)Google Scholar

471 Id. Google Scholar

472 Id. at 11.Google Scholar

473 Id. at 12.Google Scholar

474 Id. at 18 (statement of Donald M. Payne). Yet Payne expressed his frustration with the Department of Defense's dual policy foreign policy: “We have our hands full in Iraq, there is no question about it, but I think it is absolutely disgraceful that Secretary Rumsfeld continually arguing against deploying a single person in Liberia. It is disgraceful, it is unconscionable, and it just makes me feel that if it is a black person dying in Africa, Rumsfeld doesn't think they are worth our men on the ground.”Google Scholar

475 Id. at 21 (statement of Gregory Meeks).Google Scholar

476 See, generally U.S. Policy Toward Liberia, supra note 7.Google Scholar

477 Id. at 21 (statement of Gregory Meeks).Google Scholar

478 Bravin, supra note 273, at A1.Google Scholar

479 O'Connell, supra note 77, at 241, 246.Google Scholar

480 Id. at 207, 208.Google Scholar

481 Id. at 208.Google Scholar

482 Id. Google Scholar

483 Id. at 244.Google Scholar

484 Id. (citing Congressional Budget Office, The Budget and Economic Outlook, An Update 8 (2003)).Google Scholar

485 Rotberg, supra note 108, at 4.Google Scholar

486 Abbott, supra note 425, at 376.Google Scholar

487 Leonard & Straus, supra note 4, at 1-20.Google Scholar