A House with Two Rooms - The Advocates for Human Rights

protections against discrimination on the basis of gender, ethnicity, or religion.
o The Government of Liberia’s prosecution strategy should not be dependent
on the capacity of prisons in the country. The government should evaluate the
appropriateness and feasibility of non-custodial sentencing in lieu of imprisonment
for low-level perpetrators who committed less serious crimes or who did not hold
command and control responsibility. Any such measures should uphold and respect
international human rights standards. Alternative sentencing schemes should be
implemented consistent with the U.N. Standard Minimum Rules for Non-Custodial
Measures. 281
• The Government of Liberia should consider authorizing an international or special tribunal
to exercise jurisdiction over violations of
domestic law or other serious crimes under
international law that took place between
1979 and 2003. Such consideration should
take place in consultation with civil society,
the international community, and other
appropriate stakeholders.
o Any such special tribunal must
meet the minimum standards for
post-conflict states’ prosecution
as set forth by the U.N. High
Commissioner for Human Rights.
o Any such special tribunal should be
developed so as to build the capacity
of Liberia’s judicial system.
o Any such special tribunal
should leverage existing judicial
infrastructure to the greatest extent
possible.
• The Government of Liberia may wish
to consider, in consultation with the
international community, new hybrid models
that combine international prosecutorial
mechanisms with internationally-assisted
domestic prosecutions. Such examples may include:
o Operating an ad hoc international or regional tribunal in tandem with a special,
internationally-assisted domestic court in Liberia. The domestic court would retain
jurisdiction over lower-level perpetrators, while the international tribunal would
have jurisdiction over the worst offenders. Such a mechanism would not only allow
an international tribunal to try the most controversial cases outside the country,
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Chapter Fourteen
Potential Implementation Strategy:
Incorporating Traditional Anti-impunity
Mechanisms
Given the past marginalization of indigenous
Liberian cultural practices, the Government
of Liberia should consider incorporation of
indigenous models of conflict resolution, such
as palava hut mediation, into its anti-impunity
strategy to the extent that these models
conform to international human rights
standards.
- The Government of Liberia must ensure
that the fundamental human rights of
Liberians are assured during any process that
incorporates traditional practices.
- The Government of Liberia should ensure
that training for traditional leaders or other
arbiters of informal or traditional mechanisms
is effective in engendering protection for the
fundamental rights of the participants, both
victims and perpetrators.