July 2020 - Domestic Prosecution of International Crimes Updates
By: Sophia Zademack, Junior Research Associate, PILPG-NL
This month, several states have initiated or continued to prosecute international crimes in their domestic jurisdiction. This article summarizes and highlights some of them, relying on international and national sources.
EUROPE
Germany | Ex Soldiers form The Gambia arrested
The German Federal Prosecutor General is investigating several asylum seekers from The Gambia. Officials of the Baden-Württemberg State Criminal Office (LKA) and the Federal Criminal Police Office (BKA) searched the homes of seven Gambian nationals. The men are suspected of involvement in torturing, ill-treatment, and murder of opposition figures for the former Gambian President Yahya Jammeh. The Federal Prosecutor General is investigating suspicion of crimes against humanity. [July 9th, 2020]
France | Probe opened into Rwandan genocide suspect
France opened a probe into alleged crimes against humanity by a top former Rwandan military official, Aloys Ntiwiragabo, during the Rwandan genocide in 1994. Prosecutors said that a preliminary investigation was opened after Ntiwiragabo was found hiding in the suburbs of the city of Orleans, France. The ICTR, Interpol, France, as well as Rwanda had dropped arrest warrants years ago., The former Rwandan spy chief was tracked down by an investigative newspaper. [July 25th, 2020]
Germany | Argentinian crimes against humanity suspect hiding in Berlin
Luis Esteban Kyburg, who is accused of crimes against humanity in Argentina, has been hiding in Berlin. Allegedly, he was involved in in torture and killings of political opponents of the Argentinian government between 1976 and 1983. Despite the extradition request for Mr. Kyburg, the German authorities have refused to hand him over to Argentina. German reasoning is based on Kyburg’s German citizenship, because of which he cannot be prosecuted elsewhere. [July 17th, 2020]
AUSTRALIA
Australia |Australian Special Forces Chief admits that Special Forces committed war crimes in Afghanistan Australian Special Operations Commander Major-General Adam Findlay has admitted to criminal misconduct by the Australian Special Air Force (SAS) soldiers in Afghanistan. The comments by General Findlay on the war crimes committed in Afghanistan come in light of the ongoing Brereton Inquiry that investigates 55 cases of alleged misconduct by Australian special forces. According to Findley, the crimes are a result of ‘poor leadership’ in the Australian military. This statement has gained notice due to the fact that it is the first time a senior officer on active duty has admitted that these crimes took place. [June 30th, 2020]
AFRICA
Libya | United Nations Human Rights Council decides to send Fact Finding Mission to Libya
The United Nations Human Rights Council resolved to send a fact-finding mission to Libya to document alleged war crimes committed in the country since 2016. Adopted unanimously by the UN Human Rights Council, it calls on the High Commissioner for Human Rights to establish and dispatch a fact-finding mission to Libya. The fact-finding mission is to document alleged violations and abuses of international human rights law and international humanitarian law by all parties in Libya since the beginning of 2016. [July 1st, 2020]
UN /Syria | UN Investigations find possible evidence of war crimes and crimes against humanity
A UN investigation found that during the battle for the Idlib province, actors committed war crimes and possible crimes against humanity. The Independent International Commission of Inquiry on Syria found that Assad’s military forces subjected the Syrian people to intense violence and suffering during their campaign in 2019. The Inquiry’s report listed 52 attacks by all parties that resulted in damage to civilian areas. The report also warns of a ‘ticking time bomb’ in Syria, where war crimes have allegedly been committed by Syrian, as well as Russian forces. [July 7th, 2020]