Monthly News Updates: Domestic Prosecution of International Crimes (DPIC) - November 2019
By Raghavi Viswanath and Erez Roman Junior Research Associates PILPG-NL
November was an important month for universal jurisdiction. Notably, victim groups initiated proceedings for the prosecution of core crimes in Norway, Sweden, and Argentina. This post provides an overview of some of these developments, and compiles updates on other domestic prosecutions of international crimes.
EUROPE
France | France's Lafarge has charge of crimes against humanity lifted
A French appeal court rejected a preliminary charge of “complicity in crimes against humanity” brought against cement maker Lafarge, part of Lafarge Holcim, over its operations in Syria. But the French company still faces investigation into charges of “financing terrorism”, endangerment of people’s lives and violation of sanctions. (Nov. 7, 2019).
Belgium | Rwanda official on trial in Belgium over 1994 genocide
The trial of Fabien Neretse, a former Rwandan official and alleged Hutu militia leader, has commenced in Belgium. Neretse is accused of committing genocide in Rwanda in 1994. This is the fifth trial in Belgium in relation to the conflict in Rwanda of 1994 but the first in which the accused has been charged with the crime of genocide. (Nov. 4, 2019).
Sweden | Iranian citizen arrested for crimes against humanity
An Iranian citizen has been jailed in Sweden on the suspicion of carrying out crimes against humanity and murder in Tehran between July 28, 1988, and August 31, 1988. His alleged crimes correspond with the end of Iran’s long war with Iraq, which began when Saddam Hussein invaded Iran in 1980. (Nov.13, 2019).
Bosnia-Herzegovina | Former Serb soldiers plead guilty to crimes against humanity
Former Bosnian Serb Army soldiers Radovan Paprica and Slavko Ognjenovic pleaded not guilty at the Bosnian state court to crimes against humanity including rape and sexual abuse in the Foca area during the war in 1992. (Nov.13, 2019).
Norway | Syrian torture survivors file complaint against the Syrian military
Five torture survivors from Syria have filed a criminal complaint in Norway against officials from the Syrian intelligence services and military. The victims, supported by several human rights groups, have requested Norwegian prosecutors to investigate the allegations of torture and crimes against humanity. 17 officials have been identified as being involved in the alleged crimes committed in 14 different detention facilities. (Nov.12, 2019).
Netherlands | Dutch state not obliged to take back Islamic State children
The Hague appeals court ruled that the Dutch state is not obliged to actively help repatriate the young children of women who left the Netherlands and joined Islamic State in Syria.
A lower court earlier this month had said the government must actively help repatriate 56 children living in poor conditions in camps in Syria. (Nov. 22, 2019).
SOUTH AMERICA
Guatemala | Former Guatemalan army chief accused of crimes against humanity and genocide
Guatemala’s Attorney General’s Office presented its indictments against two of the three senior military officials charged in a new grave crimes case regarding the Maya Ixil genocide, which occurred during the military government of Romeo Lucas García (1978-1982). The indictments of Benedicto Lucas García, the former chief of the General Staff of the Guatemalan Army (and brother of the president), and retired General Manuel Callejas y Callejas, the former chief of military intelligence, occurred as part of a first declaration hearing that had previously been postponed. (Nov.12, 2019)
Argentina | Complaint filed in Argentina over ethnic cleansing of Rohingya Muslims
Former democracy icon Aung San Suu Kyi is among several top Myanmar officials named on Wednesday (Nov 13) in a case filed in Argentina for crimes against Rohingya Muslims, the first time the Nobel Laureate has been legally targeted over the crisis. Rohingya and Latin American human rights groups submitted the lawsuit in Argentina under the principle of universal jurisdiction, a legal concept enshrined in many countries' laws. (Nov.13, 2019).
ASIA
Bangladesh | Crimes Against Humanity: SC upholds Azhar’s death penalty
The Supreme Court of Bangladesh upheld the death sentence of top Jamaat-e-Islami leader ATM Azharul Islam for his involvement in genocide and crimes against humanity during the 1971 Liberation War. A four-member bench of the SC’s Appellate Division, headed by Chief Justice Syed Mahmud Hossain, delivered the verdict around five years after the International Crimes Tribunal-1 handed down capital punishment to Azhar for the crimes committed in Rangpur. (Nov. 01, 2019).
NORTH AMERICA
United States | Trump clears three service members in war crimes cases
US President Donald Trump has cleared three service members who were involved in war crimes in Afghanistan and Iraq. With the presidential executive order, Trump issued pardons for two soldiers, First Lt. Clint Lorance and Army Major Mathew Golsteyn, and reversed disciplinary action against Navy SEAL Edward R. Gallagher. (Nov.15, 2019).
AFRICA
Democratic Republic of Congo | Congo court sentences warlord to life for crimes against humanity
A military court in the Democratic Republic of Congo (DRC) sentenced Frederic Masudi Alimasi to life in prison on Tuesday after a two-month trial. Alimasi, also known as Kokodikoko, is head of the Raia Mutomboki, one of the most powerful militia groups operating in the Eastern DRC. He and four others were arrested in April on multiple charges including murder, rape and enslavement committed against the civilian populations of two villages from February to August 2018. Two of the other militiamen were sentenced to 15 and 20 years in prison, respectively, and the remaining two were acquitted because none of the victims mentioned them. (Nov. 21, 2019).