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International Criminal Court (I.C.C.) and Post Conflict Peace

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International Criminal Court (I.C.C.) and Post Conflict Peace INTERNATIONAL CRIMINAL COURT (I.C.C.) AND POST CONFLICT PEACE BUILDING PROCESS IN LIBERIA 2003-2013 BY OFODUM CHIOMA M. PG/M.Sc./13/65765 A PROJECT REPORT SUBMITTED TO THE DEPARTMENT OF POLITICAL SCIENCE, UNIVERSITY OF NIGERIA, NSUKKA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF SCIENCE (M.Sc.) IN POLITICAL SCIENCE (INTERNATIONAL RELATIONS) SUPERVISOR: PROF. OBASI IGWE SEPTEMBER, 2014 i APPROVAL PAGE This research project work has been examined and approved by the Department of Political Science, University of Nigeria, Nsukka, for the award of Master of Science (M.Sc.) Degree. By …………………………………………….. ………………………………… Prof. Obasi Igwe Prof. Jonah Onuoha PhD Project Supervisor Head of Department Date:………………………………. Date:…………………………… …………………………………………….. ……………………………………… Dean of the Faculty External Examiner Prof. A.I Madu Date:……………………………….. Date:………………………………. ii DEDICATION To God Almighty who is the Alpha and Omega, Author and Finisher of our Faith, my family whose goodwill have kept me going. iii ACKNOWLEDGEMENT Indeed, a positive accomplishment of a work of this magnitude would have proved holistically abortive if not for the gracious and timely intervention of some number of people with unquestionable intellectual and moral substance. Firstly, it will be a real tremendous injustice to my humble soul if I fail to display my unalloyed appreciation to my indefatigable and ever generous and accommodating supervisor- Professor Obasi Igwe. It is not enough for me to qualify him s not just my supervisor but also to admit that his keen interest in the proper and timely completion of this work kept me going even amidst the heat. Simply put, he was more than a counselor and a mentor to me. To this extent, am most grateful. I wish to extend my hands of appreciation to all the lecturers in the Department of Political Science, University of Nigeria Nsukka, for their immeasurable contributions to the success of this work. A special mention must be made to Professor Jonah Onuoha (Head of Department of Political Science) in whom I have learnt how to imbibe the culture of happiness irrespective of ups and down of life. Equally to be thanked is Professor Aloysius Okolie (PG coordinator) in whom I learnt how to be disciplined, Dr Ezirim whose words of encouragement have always boosted my efforts of being a good student. Above all, I won’t forget the like of Professor Ken Ifesinachi whose moral support and admonishment have immensely contributed to making me academically responsible and in whom I have learnt how to be humble, cool, calm and calculated. In the same vein, I must not fail to appreciate my Lovely family who have moulded me into what I am to today. I couldn’t have attained this height without your unquantifiable and immeasurable love and encouragement. I wouldn’t have wished for a better family. Equally, I will not forget to commend my beloved and darling Roommates; Joy, Ngozi and Ogonna, my friends; Mama, Papa, Amaka, Chinwe, Pitilia, all my brothers and iv sisters in Christ, my senior Colleagues; Macas and Kingsley and above all my inestimable friend (Ibekwe Ikenna) in whose strength I found strength and in whom I have found inspiration. I wouldn’t have achieved this without you standing by me. Finally, this acknowledgement will be half and half if I fail to register my incalculable degrees of appreciation to Lecturers in the Department of Political Science Anambra State University ( my ALMA Mater) who gave me the needed academic foundation to achieve this. I wouldn’t have done this without your various academic and moral input to my Life. To all of you, I say may God bless you all. Ofodum, Chioma Mirian Department of Political Science University of Nigeria Nsukka. September, 2014 v TABLE OF CONTENTS Introduction 1.1. Background of the Study 1 1.2. Statement of the problem 8 1.3. Objectives of the Study 19 1.4. Significance of the study 20 CHAPTER TWO: Literature Review 2.1. I.C.C. intervention and its challenges in Liberia 21 2.2. I.C.C. intervention in Liberia and consequences of peace building in Africa 58 2.3. Gaps in Literature 70 CHAPTER THREE: Methodology 3.1. Theoretical Framework 71 3.2. Application of the Theory 74 3.3. Research Design 75 3.4. Methods of Data Collection 76 3.5. Methods of Data Analysis 77 3.6. Logical Data Framework 78 CHAPTER FOUR: Problems of ICC In Liberia Post –Conflict Peace-Building , 2006- 2013 4.1 Problems of ICC in Liberia Post –Conflict Peace-Building , 2006-2013 81 4.2 The ICC: Problem of Funding and Politics of Indictment 86 4.3 The ICC in Africa: the Problem of Over Concentration in Africa 91 vi CHAPTER FIVE: Consequences of ICC Peace-Building Intervention In Liberia, 2006-2013 5.1 The Establishment of the Special Court of Sierra Leone 96 5.2 ICC : A Barrier to Peace and Reconciliation to other Peace –building Mechanisms in Liberia 101 5.3 The Arrest and Trial of Charles Taylor as a Factor for Peace in Africa 106 CHAPTER SIX : Summary, Conclusion and Recommendations 6.1 Summary 116 6.2 Conclusion 117 6.3 Recommendations 119 Bibliography Appendices vii LIST OF TABLES 4.1 Violation of the International Law of Armed Conflicts by Rebel Leaders 85 4.2 The extent of the constraints placed on the ICC 90 4.3 List of Indicted Persons by the ICC 95 5.1 Main Donors to the Special Court of Sierra Leone 100 5.2 Disarmament and De-mobilization Process in Liberia (Phase 1) 103 5.3 Disarmament and De-mobilization Process in Liberia (Phase 11) 104 viii LIST OF FIGURES Fig. 5.1 The signing of the Truth and Reconciliation Commission Agreement 101 Fig. 5.2 Timeline of Conflict events in Liberia (1997-2011) 104 Fig. 5.3 Charles Taylor during his trial at the Special Court of Sierra of Sierra Leone 109 ix LIST OF ABBREVIATIONS AFRC Armed Forces Revolutionary Council DDRR Disarmament De-mobilization Rehabilitation and Reintegration ECOMOG Economic Community of West African States Monitoring Group ECOWAS Economic Community of West African States ICC International Criminal Court ICTR International Court Tribunal for Rwanda ICTY International Court Tribunal for Yugoslavia INPLF Independent National Patriotic Front of Liberia LURD Liberia United for Reconciliation and Democracy MODEL Movement for Democracy in Liberia NPLF National Patriotic Front of Liberia RUF Revolutionary United Front SCSL Special Court for Sierra Leone TRC Truth and Reconciliation Commission UN United Nations UNMIL United Nations Mission in Liberia UNMSIL United Nations Mission in Sierra Leone x Abstract Liberia is a country located in West Africa, it has experienced two protracted civil wars, one from 1989 to 1996 and the second from 1999 to 2003. With the end of the first civil war, Charles Taylor emerged as the President of the country. His coming to power nevertheless came with lots of quagmire. However, after the first civil war, many peace building processes have been carried out to arrest the situation of incessant violence in the country, these processes to a relative extent was making progress in addressing the issues among the warring parties, but was interrupted by undue intervention. It is against this backdrop that the study therefore seeks to examine the International Criminal Court and post conflict peace building process in Liberia; 2003-2013. To achieve this, the study focused more on ascertaining whether the International Criminal Court intervention was favourable to peace building in Liberia within the year under review. The study adopted qualitative descriptive method of data collection and analysis. The Human Needs theory was also employed to aid the focus of the study. The study nonetheless adopted the One Group Pre Test Post Test design as the guiding blueprint to the work. In the course of the research work, we found that the ICC intervention was not favourable to the post conflict peace building in Liberia. We also found out that the ICC was not a credible factor for peace building in Liberia. Hence, the study recommends that for there to be an enduring peace in Liberia, the government should put in more efforts to putting an end to structural violence by adopting home grown programs and strengthening the independence the judiciary, thereby satisfying the human needs of the Liberians. xi CHAPTER ONE Introduction 1.1 Background To The Study Peace is a relative condition of friendly security climate that allows individuals and group relations to progressive order and stability. Peace does not mean absence of conflict or war. It reflects that security friendly system that frees individuals and groups of people from fear and dangers of losing such inalienable human rights as life, liberty and property. In view of the above assertion, peace is the prime value of human existence. Thus for David (2006), he described peace as “public goal” because it guarantees security for all rather than fear of terror of mutual (assured) destruction. Conflict on the other hand is an integral aspect of social existence and social progress. By conflict, we refer to contradiction arising from differences in interests, ideals, ideologies, perception and tendencies. These contradictions exist at all levels of the society, group, institutions and nations as well as in interpersonal, inter-group, inter-institutional and international relation. Nnoli (1998) sees conflict as so ubiquitous in social life that it has been isolated by some as the basic unit to understand social existence. Marxism for example agrees that to understand society is to understand social conflict. It is difficult to conceive of history outside the resolution of conflict. What is often regarded as social problems are inevitably contradiction, which impedes social progress. Their resolution helps to push society forward towards increased humanity.
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