Abuja, Nigeria, October 24, 2024—The Economic Community of West African States (ECOWAS) Court of Justice has dismissed a complaint against the Republic of Liberia for its failure to investigate the Lutheran Church Massacre and prosecute those responsible.
The Lutheran Church Massacre occurred on July 29 and 30, 1990, when Liberian Government forces killed approximately 600 civilians at St. Peter’s Lutheran Church, a designated Red Cross shelter in Monrovia, Liberia. Despite decades of survivor-led action calling for justice, the Liberian Government failed to investigate and prosecute those responsible. The Applicants in the case are three siblings who lost over a dozen family members in the massacre and the Global Justice & Research Project, a Liberian non-governmental organization that works to advance justice and accountability for war crimes.
On October 17, 2024, the ECOWAS Court held that there is no statute of limitations on claims for violations of fundamental human rights, affirming that victims can bring such claims regardless of how much time has passed since the violation. However, the Court found that it did not have jurisdiction over the Applicants’ complaint because the Massacre took place before the protocol that granted the Court jurisdiction in human rights cases entered into force in 2005.
“International law requires that States investigate and prosecute human rights violations, and the failure to do so constitutes a continuing violation of human rights,” said Center for Justice and Accountability Staff Attorney Lindsay Bailey. “Liberia’s obligation to protect the right to life was well-established under international law, including the African Charter, long before the Massacre took place in 1990. Liberia’s failure to investigate and prosecute perpetrators of the Massacre is an ongoing violation of the right to life that harms our clients today. The Court’s decision, declining jurisdiction because the ECOWAS mechanism for individuals to enforce their rights was only established in 2005, ignores that Liberia had voluntarily undertaken an international legal obligation to respect and protect these rights by 1990. This disappointing decision disregards the true extent of Liberia’s obligations and unnecessarily limits the ability of survivors of atrocity to vindicate their rights.”
This decision comes at an important juncture for Liberia’s transitional justice process. In the past year, the Liberian Government created an office to establish a War and Economic Crimes Court to investigate and prosecute war crimes. Establishing a court is a key step towards fulfilling Liberia’s obligation to provide survivors of atrocity with a legal remedy.
“My family has suffered for decades, first as victims of the Lutheran Church Massacre, then as victims of the Liberian Government’s failure to investigate and prosecute the perpetrators of this crime,” said one Applicant, who has dedicated his life to advocating for justice for the victims and survivors of Liberia’s civil wars. “I want justice for my relatives. While I am disappointed with the outcome of the ECOWAS case, I will not rest until Liberia establishes a court.”
To learn more about the case, visit our website and read our FAQ on the case.
Contact: Rebecca-Paris Senior / rpsenior@cja.org
About the Center for Justice and Accountability
The Center for Justice and Accountability (CJA) is a San Francisco-based international human rights organization dedicated to working with communities impacted by torture, war crimes, crimes against humanity, and other serious human rights abuses to seek truth, justice, and redress using innovative litigation and transitional justice strategies. CJA has successfully brought cases against defendants such as the Minister of Defense of Somalia’s Siad Barre regime, the military officer responsible for the assassination of Chilean activist and singer Victor Jara, and Syria’s Assad regime for its targeted killing of war correspondent Marie Colvin. CJA acted as counsel for the plaintiffs in the landmark U.S. civil suit against Colonel Moses Thomas for war crimes and crimes against humanity committed during the Lutheran Church Massacre, and as counsel for the Applicants before the ECOWAS Court.
About the Institute of Human Rights and Development in Africa
The Institute of Human Rights and Development in Africa (IHRDA) is a pan-African non-governmental organization (NGO) working to promote awareness of human rights in Africa and improve the effectiveness of the African Human Rights system. The three pillars of IHRDA’s work are litigation, capacity-building and information sharing about the African human rights system. IHRDA envisions an African continent where all have access to justice via national, African and international human rights mechanisms. IHRDA acted as counsel for the Applicants before the ECOWAS Court.
About Debevoise & Plimpton LLP
Debevoise & Plimpton LLP is a global law firm headquartered in New York with expertise in public international law, including in representing parties before national, regional, and international courts. As part of its broad commitment to pro bono work in multiple fora, Debevoise acted as counsel for the plaintiffs in the landmark U.S. civil suit against Colonel Moses Thomas for war crimes and crimes against humanity committed during the Lutheran Church Massacre, and as counsel for the Applicants before the ECOWAS Court.
