Tom Woewiyu
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Jucontee Thomas Woewiyu (1946 – April 12, 2020), also known as Tom Woewiyu or Thomas Smith, was the former leader of the
National Patriotic Front of Liberia The National Patriotic Front of Liberia (NPFL) was a Liberian rebel group that initiated and participated in the First Liberian Civil War from 24 December 1989 – 2 August 1997. The NPFL emerged out of rising ethnic tensions and civil unrest du ...
(NPFL), with Charles Taylor. Woewiyu served as
Defense Minister A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divid ...
from 1989 to 1996 and Spokesman for the NPFL a rebel faction deemed responsible for over 60,000 violations, consisting of
war crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s such as rape, slavery, conscription of
child soldiers Children in the military, including state armed forces, non-state armed groups, and other military organizations, may be trained for combat, assigned to support roles, such as cooks, porters/couriers, or messengers, or used for tactical adv ...
, and massacres, during Liberia's First Civil War (1989 - 1996). Woewiyu has held legal permanent resident status in the United States since 1972. There, he founded the Association for Constitutional Democracy in Liberia (ACDL) among the Liberian expatriate community in the U.S., an organization that advocated against the regime of the
Samuel Doe Samuel Kanyon Doe (6 May 1951 – 9 September 1990) was a Liberian politician and military officer who served as the 21st President of Liberia from 1986 to 1990. He ruled Liberia as Chairman of the People's Redemption Council (PRC) from 1980 ...
, then
President of Liberia The president of the Republic of Liberia is the head of state and government of Liberia. The president serves as the leader of the executive branch and as commander-in-chief of the Armed Forces of Liberia. Prior to the independence of Liber ...
. Woewiyu is also known for, at times, speaking out publicly against two former Liberian presidents
Ellen Johnson Sirleaf Ellen Eugenia Johnson Sirleaf (born 29 October 1938) is a Liberian politician who served as the 24th president of Liberia from 2006 to 2018. Sirleaf was the first elected female head of state in Africa. Sirleaf was born in Monrovia to a Gol ...
and Charles Taylor. Upon Woewiyu's return from a visit to
Liberia Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast–Lib ...
, he was
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
ed at
Newark Liberty International Airport Newark Liberty International Airport is a major international airport serving the New York metropolitan area. The airport straddles the boundary between the cities of Newark, New Jersey, Newark in Essex County, New Jersey, Essex County and E ...
accused of lying on immigration applications by omitting his role and authority within the NPFL. Notably, the
Liberian Truth and Reconciliation Commission Liberian may refer to: * Something of, from, or related to Liberia, a country on the west coast of Africa * A person from Liberia, or of Liberian descent, see Demographics of Liberia **Americo-Liberians * Liberian culture * Liberian cuisine * Libe ...
recommended that Thomas Woewiyu not take public office for thirty years based on his association in warring factions during the First Liberian Civil War.


National Patriotic Front of Liberia (NPFL)

The NPFL created and led by Charles Taylor and Thomas Woewiyu catalyzed the start of the First Liberian Civil War in 1989. The NPFL is reported to have campaigned for ethnically-targeted killings, the conscription of child soldiers, the forcing of individuals into sexual slavery, and the alleged organization and participation in "Operation Octopus." The infamous Operation Octopus, one of the deadliest armed attacks in the history of West Africa, led to the violent attempted seizure of
Monrovia Monrovia () is the administrative capital city, capital and largest city of Liberia. Founded in 1822, it is located on Cape Mesurado on the Atlantic Ocean, Atlantic coast and as of the 2022 census had 1,761,032 residents, home to 33.5% of Liber ...
which resulted in the murder of thousands of combatants and civilians, including the executions of five American nuns. By April 1990, the NPFL controlled almost 90% of the country. While the NPFL was committing these crimes, Thomas Woewiyu served as the faction's Spokesman and Defense Minister. At the height of the conflict in the early 1990s and due to the nature of his role as spokesman for NPFL, Woewiyu had conversations with
U.S. State Department The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs ...
officials and the
British Broadcasting Corporation The British Broadcasting Corporation (BBC) is a British public broadcasting, public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved in ...
(BBC) about the NPFL's frustrations about the political state in Liberia.


National Patriotic Front of Liberia-Central Revolutionary Council (NPFL-CRC)

In 1994, as a result of ideological dissent, Woewiyu broke away from Taylor's forces and created his own movement: the NPFL-CRC (National Patriotic Front of Liberia, Central Revolutionary Council). He, Samuel Dokie, and J. Lavela Supuwood led the movement. Woewiyu later made multiple accusations of war crimes against Taylor, claiming that Taylor not only murdered his rival Jackson Doe, but drank Doe's blood. NPFL-CRC had limited resources but still engaged in small battles with similar tactics as the NPFL, ULIMO-J, ULIMO-K, and the LPC, however they were not a major force in the conflict. Later, Woewiyu reunited with Charles Taylor after his election as President in 1997, serving as his Minister of Labor from 1997 to 1999.


Association for Constitutional Democracy in Liberia (ACDL)

The ACDL was established by Woewiyu and members of the Liberian expatriate community, many of whom were in exile. This movement was resolutely against
Samuel Doe Samuel Kanyon Doe (6 May 1951 – 9 September 1990) was a Liberian politician and military officer who served as the 21st President of Liberia from 1986 to 1990. He ruled Liberia as Chairman of the People's Redemption Council (PRC) from 1980 ...
, then Liberian President who gained office through a
coup d'état A coup d'état (; ; ), or simply a coup , is typically an illegal and overt attempt by a military organization or other government elites to unseat an incumbent leadership. A self-coup is said to take place when a leader, having come to powe ...
in 1980. The ACDL is known for their letter published in
Front Page Africa ''FrontPage Africa'' is a Liberian daily newspaper founded in 2005 by Rodney Sieh. As of 2012, it had a circulation of 1,500. ''FrontPage Africa'' has received international recognition for its investigative journalism, and the ''Christian Scie ...
which details the movements of the NFPL, their grievances against
Samuel Doe Samuel Kanyon Doe (6 May 1951 – 9 September 1990) was a Liberian politician and military officer who served as the 21st President of Liberia from 1986 to 1990. He ruled Liberia as Chairman of the People's Redemption Council (PRC) from 1980 ...
, and calls for donations from "citizens as well as friends of Liberia." Another notable member of the ACDL was
Ellen Johnson Sirleaf Ellen Eugenia Johnson Sirleaf (born 29 October 1938) is a Liberian politician who served as the 24th president of Liberia from 2006 to 2018. Sirleaf was the first elected female head of state in Africa. Sirleaf was born in Monrovia to a Gol ...
, who later went on to become
President of Liberia The president of the Republic of Liberia is the head of state and government of Liberia. The president serves as the leader of the executive branch and as commander-in-chief of the Armed Forces of Liberia. Prior to the independence of Liber ...
and was jointly awarded a
Nobel Peace Prize The Nobel Peace Prize (Swedish language, Swedish and ) is one of the five Nobel Prizes established by the Will and testament, will of Sweden, Swedish industrialist, inventor, and armaments manufacturer Alfred Nobel, along with the prizes in Nobe ...
. Woewiyu publicly claimed that the ACDL had raised substantial funds, given by
Ellen Johnson Sirleaf Ellen Eugenia Johnson Sirleaf (born 29 October 1938) is a Liberian politician who served as the 24th president of Liberia from 2006 to 2018. Sirleaf was the first elected female head of state in Africa. Sirleaf was born in Monrovia to a Gol ...
, to financially contribute to the war through the NPFL.


Arrest

On Woewiyu's return from
Liberia Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast–Lib ...
back to the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
in May 2014, he was arrested due to a criminal investigation that began in January of that year, by
U.S. Immigration and Customs Enforcement The United States Immigration and Customs Enforcement (ICE; ) is a Federal law enforcement in the United States, federal law enforcement agency under the United States Department of Homeland Security. ICE's stated mission is to protect the Un ...
at the
Newark Liberty International Airport Newark Liberty International Airport is a major international airport serving the New York metropolitan area. The airport straddles the boundary between the cities of Newark, New Jersey, Newark in Essex County, New Jersey, Essex County and E ...
on charges of lying on his immigration application for U.S. citizenship omitting his involvement in the NPFL and in other war crimes. This arrest coincides with the launch of his bid for senator in Liberia. While filing naturalization papers in 2006, 34 years after obtaining legal permanent resident status, Woewiyu failed to disclose his membership in the NPFL, and later NPFL-CRC, both of which were rebel factions during the
First Liberian Civil War The First Liberian Civil War was the first of Second Liberian Civil War, two civil wars within the West African nation of Liberia which lasted between 1989 and 1997. President Samuel Doe's regime of totalitarianism and widespread Political cor ...
. He omitted his participation in advocating for a government overthrow, he denied persecuting people discriminately, and he failed to disclose a previous criminal conviction. He pleaded not guilty and was denied bail. The
FBI The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
had originally indicated that it planned to charge Woewiyu in relation to the 1992 killing of 5 American nuns Liberia.


Charges

In his indictment file, Thomas Woewiyu was charged with 16 counts relating to immigration fraud and perjury: * 2 counts of fraudulently attempting to obtain citizenship under ''18 U.S.C. § 1425'' * 4 counts of fraud in immigration documents under ''18 U.S.C. § 1546(a)'' * 3 counts of false statements in relation to naturalization under ''18 U.S.C. § 1015(a)'' * 7 counts of perjury under ''18 U.S.C. § 1621'' Specifically, Woewiyu allegedly lied when asked: * If he has ever been a member of or associated with any organization, association, fund, foundation, party, club, society, or similar group in the U.S. or any other place. ** Answering yes, however mentioning only one association in the U.S., Union of Liberia Associations, and not disclosing his membership to the NPFL or NPFL-CRC. * If he ever advocated (directly or indirectly) to overthrow any government by force or violence. ** Answering no and not disclosing his advocacy to overthrow the government of former Liberian President
Samuel Doe Samuel Kanyon Doe (6 May 1951 – 9 September 1990) was a Liberian politician and military officer who served as the 21st President of Liberia from 1986 to 1990. He ruled Liberia as Chairman of the People's Redemption Council (PRC) from 1980 ...
. * If he ever persecuted (directly or indirectly) any person because of race, religion, national origin, membership in a particular social group, or political opinion. ** Answering no and not disclosing NPFL membership and persecution of others based on political opinions and race (
Krahn The Krahn are an ethnic group of Liberia and Ivory Coast. This group belongs to the Kru language family and its people are sometimes referred to as the Wee, Guéré, Sapo, or Wobe. It is likely that Western contact with the Kru language is the p ...
and Mandingo tribes). * If he ever was convicted of a crime or offense. ** Answering no and not disclosing a 1970 conviction in
New York State New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
for falsification of business records


Trial

Woewiyu was not charged with war crimes, but with immigration fraud based on connections to war crimes in Liberia. Because he was arrested in 2014 and didn't face trial until 2018, Woewiyu felt his right to a speedy and fair trial was violated. As such, on December 20, 2017, Woewiyu filed a motion to dismiss the indictment for a violation of the
Speedy Trial Act The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, ) establishes time limits for completing the various stages of a federal criminal prosecution in the United States. Procedural time limits The Act establishes t ...
, which was later denied on January 31, 2018. On June 11, 2018, Woewiyu's trial began at the
United States District Court for the Eastern District of Pennsylvania The United States District Court for the Eastern District of Pennsylvania (in case citations, E.D. Pa.) is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789. It originally sat in Independence Hall in Philad ...
at the James A. Byrne United States Courthouse. The prosecutors were United States Attorney William M. McSwain, Assistant United States Attorney Linwood C. Wright, Jr., and Assistant United States Attorney Nelson S. T. Thayer, Jr.. The defense attorneys included Catherine Henry, a Senior Litigator with the Federal Community Defense Office and Mark T. Wilson, of the Defender Association of Philadelphia. The trial lasted for 13 days and included the testimonies of 66 witnesses of which over 30 were Liberians.


Defense Strategy

The defense claimed Woewiyu answered the complex and unclear questions on the immigration application to the best of his ability. Largely through cross-examination of U.S. officials, the defense argued that the government already knew about Woewiyu's ties to the NPFL, because he served as Spokesman and due to the prior investigations on him. His defense attorneys assured that Woewiyu had nothing to do with the persecution of Liberians based on ethnicity, and that Doe's regime was not a legitimate government and he therefore did not lie when he denied ever having participated in the overthrow of a government. The defense called on Woewiyu's immigration lawyer to testify to the immigration application meeting and claimed a rushed experience. To testify to Mr. Woewiyu's honest and trustworthy character, the defense called Mr. Woeiwyu's children. The defense repeatedly challenged what all of these wartime violations had to do with Woewiyu's case, it was about immigration.


Prosecution Strategy

The prosecution's strategy during the trial was to demonstrate that Woewiyu lied because of the atrocities by the NPFL, and thus he deliberately omitted his authority in the NPFL knowing he would have been otherwise denied citizenship. Thayer told the jury that the evidence will show that while Woewiyu was under oath, he lied on official U.S. government forms, in particular his Citizenship Application Form N-400, and that he repeated those lies, again while under oath, in a subsequent interview with an Immigration Officer.


Verdict

Jucontee Thomas Woewiyu was found guilty on 11 of the 16 counts: * 2 counts of fraudulently attempting to obtain citizenship * 2 counts of fraud in immigration documents * 2 counts of false statements in relation to naturalization * 5 counts of perjury Indictment Filed: January 30, 2014 Verdict Issued: July 3, 2018


Sentencing and death

Woewiyu's sentencing was first scheduled for October 15, 2018: he faced up to 75 years in prison and a fine. He was not in custody awaiting sentencing, that was postponed several times during 2018 and 2019. After the last postponement in April 2019, a new date for the hearing was not set, but was expected in 2020. On April 12, he died of COVID-19 after a week of treatment at the Bryn Mawr Hospital near Philadelphia, U.S.


International Significance

For many, this trial represents more than a conviction, it is an additional step in pursuit of justice and accountability for Liberia's victims of war crimes. Both the international community and the Liberian government have failed to provide mechanisms for justice to the numerous victims of the Liberian Civil Wars. This marks the second trial in the U.S. where Liberian victims testified to hold an alleged war criminal accountable for his actions during the First Liberian Civil War (1989-1996). Woewiyu's trial is the very first time that witnesses were able to testify in criminal court about crimes committed by the NPFL.


Debate

The
Liberian Truth and Reconciliation Commission Liberian may refer to: * Something of, from, or related to Liberia, a country on the west coast of Africa * A person from Liberia, or of Liberian descent, see Demographics of Liberia **Americo-Liberians * Liberian culture * Liberian cuisine * Libe ...
, established by the Liberian Transitional Government in 2005, published its final recommendations in 2009, suggesting that Liberia establish a Special Criminal Court to prosecute war-related crimes. However,
Liberia Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast–Lib ...
lacks the political will to implement the recommendations and many alleged war criminals hold positions of power making prosecution for war crimes impossible in the national criminal justice system. Though questions have circled around Woewiyu's trial questioning why his case wasn't taken to the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
(ICC) under
international humanitarian law International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...
, Woewiyu was unable to be tried in the ICC. The ICC in the Hague has only had jurisdiction since July, 2002, and therefore does not have jurisdiction over crimes committed during Liberia's First Civil War, spanning from 1989-1996. Woewiyu's war crimes were committed before both the existence of the ICC and before Liberia ratified the
Rome Statute The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
, the founding document of the ICC. Liberia ratified the Rome Statute of the ICC in 2004. In addition, since the charges are related to U.S. immigration and Woewiyu had legal residency in the U.S., the United States holds jurisdiction. This does, however, provide the opportunity to document alleged war crimes committed in Liberia by someone residing in the U.S. in a legitimate criminal court of law. However, there has been a growing movement in Liberian society pushing for increased accountability for those who committed grave crimes during the Liberian Civil Wars. Additionally, both Liberians and international actors, notably in the
UN Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per yea ...
in 2018, have increased pressure on the Liberian government to implement a war crimes court as recommended by the
Liberian Truth and Reconciliation Commission Liberian may refer to: * Something of, from, or related to Liberia, a country on the west coast of Africa * A person from Liberia, or of Liberian descent, see Demographics of Liberia **Americo-Liberians * Liberian culture * Liberian cuisine * Libe ...
Final Report. This is also in response to some resistance in the trials of Liberian warlords happening outside of Liberia.


Related Cases

Mohammed “Jungle Jabbah” Jabateh, was found guilty after three weeks of trial in
Philadelphia, Pennsylvania Philadelphia ( ), colloquially referred to as Philly, is the List of municipalities in Pennsylvania, most populous city in the U.S. state of Pennsylvania and the List of United States cities by population, sixth-most populous city in the Unit ...
, of immigration fraud and perjury. The charges were connected to failing to disclose his role with the United Liberation Movement of Liberia for Democracy (ULIMO) as commander of the rebel faction. In April 2018, " Jungle Jabbah" was sentenced to 30 years in prison. George Boley, Liberian immigrant to the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
was subject to administrative removal proceedings for his connection to the recruitment of
child soldiers Children in the military, including state armed forces, non-state armed groups, and other military organizations, may be trained for combat, assigned to support roles, such as cooks, porters/couriers, or messengers, or used for tactical adv ...
and
extrajudicial killing An extrajudicial killing (also known as an extrajudicial execution or an extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, ...
s. He was deported to Liberia in 2012. Boley was elected in 2017 as part of the Legislator of the
Republic of Liberia Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to its northwest, Guinea to its north, Ivory Coast to its east, and the Atlantic Ocean to its south and southwest. It has a ...
. There has also been a case where an American citizen was held accountable for atrocities committed during Liberia's Second Civil War.
Chuckie Taylor Charles McArther Emmanuel (born February 12, 1978), also known as Chuckie Taylor, is an American-Liberian former soldier and war criminal. He is the son of Charles Taylor, the former President of Liberia.Charles Taylor, was sentenced in 2009 in the U.S. for
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
he committed during the
Second Liberian Civil War The Second Liberian Civil War was a civil war in the West African nation of Liberia that lasted from 1999 to 2003. The war was mainly caused by transition failures after the First Civil War, especially the peace-building process which would res ...
. He was tried for torture, and not immigration-related crimes, as a U.S. citizen and was the first-ever to be tried under 18 U.S.C.§ 2340, or the "Torture Act," which states an act of torture committed outside the U.S. by a U.S. national is punishable by law.


References

{{DEFAULTSORT:Woewiyu, Tom 1946 births 2020 deaths Deaths from the COVID-19 pandemic in Pennsylvania Liberian mass murderers Liberian politicians convicted of crimes Liberian people convicted of war crimes People convicted of immigration fraud for concealing war crimes Prisoners and detainees of the United States federal government