Published: December 16, 2025

Introduction

International law contains guidelines on how to charge people for serious crimes, including crimes committed against humanity during wars. Between 1989 and 2003, Liberia experienced civil wars which affected the lives of thousands, and made the processes of justice and reconciliation extremely difficult. Weak institutions, political instability, and limited judicial capacities resulted in numerous conflicts and serious violations of the law going unpunished (Human Rights Watch, 2004)

The principle of universal jurisdiction provides a potential solution to these issues. It allows a state to prosecute offenders for serious crimes even if those crimes were committed in a different state, and regardless of the criminal or the victim’s nationality. To Liberia, universal jurisdiction is not just a principle, but also a practical legal instrument that aids domestic efforts, builds the rule of law, and provides the basis for national reconciliation and healing (Bassiouni, 2010).

Historical Background and Landmark Cases

The prosecution of serious crimes that occur beyond a jurisdiction’s borders has become an essential part of universal jurisdiction in international law. An early and important case was that of Adolf Eichmann. Eichmann, a Nazi officer, was tried in Israel after being captured in Argentina, gaining notoriety for his punishment of Jews and orchestrating atrocities during the Second World War. This case set the standard for crimes that involve the international community and the borders of nations, requiring accountability and prosecution (Eichmann Case, 1961).

Further, the case of Chile’s dictator Augusto Pinochet being arrested in London due to human rights violation allegations also set important precedents. He was also the first head of a country to be denied immunity due to international law discussing crimes against humanity. When domestic institutions fail to punish wrongdoing, the law allows for punishment to be imposed, and that is a principle that applies to Liberia (Pinochet Case, 1998).

Liberia’s Post-Conflict Justice Efforts

Post civil conflicts, Liberia set forth the objective of rebuilding and establishing a civil justice structure. This was the objective of the Truth and Reconciliation Commission (TRC). The mission of the TRC was to investigate and document gross violations and suggest methods to attain accountability, justice, and reconciliation for the country. Of particular note are the TRC’s calls for the prosecution of high-level perpetrators and for reforms to be instituted (Truth and Reconciliation Commission of Liberia, 2009)

Although the TRC has established a basis for justice, the lack of judicial capacity and resource constraints meant that numerous people accountable for serious violations went unprosecuted. Universal jurisdiction presents a more peripheral option where international tribunals or foreign countries can seek accountability in the absence of, or when domestic, courts are unavailable (International Committee of the Red Cross, 2008).

The Role of Universal Jurisdiction in Liberia 

The reluctance of courts in Liberia to prosecute serious crimes and civil violations affects all parties involved. For Liberia, the implications of this principle are: 

i. Seeking Justice: Most civil war criminals’ dwell outside Liberia and enjoy political protection. Jurisdiction allows foreign courts to prosecute civil war criminals that Liberia courts and lawmakers refuse to prosecute (Human Rights Watch, 2004).

ii. Fostering Justice within Liberia: Universal Jurisdiction allows Liberia courts to extend their jurisdiction gradually while jurisdiction crimes are being prosecuted. There are strong, symbolic, and functional, arguments why this is important jurisdiction. It communicates to potential offenders that violations of civil order and protection and laws will be prosecuted, and it restores and reinforces the public faith in the justice system (African Union, 2015).

iii. Deterrence: Accountability is paramount to ensure that potential crimes do not happen. For Liberia, the principle of universal jurisdiction will ensure that human rights violations will be deterred. Aggravated offenders understand that prosecution and accountability of their crimes will happen anywhere in the world (United Nations, 2000).

iv. Improved Relations: By participating in crimes of universal jurisdiction, Liberia courts can extend the nation’s scope in post conflict West Africa. It will promote constructive partnership which will improve judicial reform and international fellowship (Acharya, 2017).

Obstacles Remaining Unaddressed

Obstacles do exist concerning the universal application of laws. To prosecute a case, calls for evidence, witnesses, and case-related documentation. All of this becomes elusive years after the incidents! The case may be squalid. A country may opt not to prosecute a case for political reasons, and selective enforcement invites criticism. Lastly, the enforcement of universal jurisdiction by a few countries may be seen as ‘anti-state’ by other countries, and this may inhibit international cooperation (Taylor, 2010).

This is especially the case for Liberia. Most of the civil war perpetrators may be in countries of weak assistance, and evidence will be difficult for civil war crimes. All of this is, however, surely possible. Today, evidence gathering is possible through international legal frameworks of cooperation among the circulatory triangulation of ECOWAS, international agencies, and pilot countries (United Nations, 2008).

The current and future situation in Liberia is clear

For Liberia, the universal application of laws is a promise for justice. All country leaders and citizens must be made to realize the past crimes should remain unpunished. The world should be made aware that laws can still be applied in situations akin to the Eichmann and Pinochet cases. Justice can be served years after the crimes (Bassiouni, 2010).

Liberia’s experience showcases the need for the construction of institutions capable of interacting with global structures. As jurisdictions become universal, prioritization of collection of evidence, witness protection, and legal competence determines the success of prosecution. Having criminal adjudication from jurisdictions of different countries provides an opportunity for the prosecution to not only appease the perceived injustices of the past but to also lay a framework for the achievement of socio-political stability (African Union, 2015).

Final Thoughts

Universal jurisdiction is particularly relevant in post-conflict states such as Liberia and provides the legal means to shift the accountability burden from the broken local systems. Liberia is undoubtedly moving forward with the work of the Truth and Reconciliation Commission and the subsequent judicial reforms, but the reality is that countless perpetrators of the civil war crimes still walk unpunished. Given the country’s lack of targeted accountability, universal jurisdiction will work to fill the accountability gap and ensure justice is served (Human Rights Watch, 2004).

Closer to the truth, Liberia will be sending a global message, consolidating the new reach of the rule of law in the country. The message will reinforce the new local jurisdiction: Liberia is a country that embraces human rights and will do anything to champion the rule of law. To Liberia, universal jurisdiction is a legal prospect, but more so, the opportunity to heal and improve equity in human rights (Taylor, 2010).

“NOTE: This essay was part of the International Law Course’s activities taught by Dr. Mory Sumaworo (Ph.D). lecturer at Cuttington University Graduate School of Global Affairs and Policy.”

References

Acharya, A. (2017). The end of American world order. Polity Press.

African Union. (2015). Agenda 2063: The Africa we want. African Union Commission. https://au.int/en/agenda2063

Bassiouni, M. C. (2010). Crimes against humanity in international criminal law. Cambridge University Press.

Eichmann Case (1961). Israel Supreme Court. Retrieved from https://www.jewishvirtuallibrary.org/eichmann-trial

Human Rights Watch. (2004). Liberia: The path to justice after civil war. Human Rights Watch. https://www.hrw.org/report/2004/01/01/path-justice

International Committee of the Red Cross. (2008). Customary international humanitarian law. Cambridge University Press.

Pinochet Case (1998). United Kingdom House of Lords. Retrieved from https://www.bailii.org/uk/cases/UKHL/1998/17.html

Taylor, I. (2010). Africa and the international system: The politics of state survival. Lynne Rienner Publishers.

Truth and Reconciliation Commission of Liberia. (2009). Final report. Government of Liberia. https://www.trcofliberia.org

United Nations. (2000). Security Council Resolution 1325 on women and peace and security. United Nations Security Council. https://undocs.org/S/RES/1325(2000)

United Nations. (2008). Security Council Resolution 1820 on sexual violence in conflict. United Nations Security Council. https://undocs.org/S/RES/1820(2008)