Monthly News Updates: Domestic Prosecution of International Crimes - November 2020
By: Alexandrah Bakker, Junior Research Associate, PILPG-NL
This month saw significant developments in the domestic prosecution of international crimes. In the Democratic Republic of the Congo, a military court handed a long-awaited conviction against former rebel leader Sheka. Meanwhile, Australia and the United Kingdom adopted differing approaches to allegations of war crimes committed by their armed forces overseas.
EUROPE
Germany | Syrian state torture trial continues in Koblenz
The lawyers representing the joint plaintiffs in the al-Khatib trial, which deals with allegations of Syrian state torture, argued that crimes of sexual violence should be charged as crimes against humanity. At the moment, the charges of rape and sexual assault are being dealt with as ordinary crimes under German criminal law. [November 19, 2020]
Germany | Syrian torture trial: The “Caesar” files in court for first time
An expert witness in the al-Khatib trial testified that the Caesar files serve as evidence of the systematic torture and killings of detainees in Syria since 2011. The Caesar files were first published in 2014 and contain 55,000 photographs depicting the torture inflicted upon 11,000 victims. [November 12, 2020]
Germany | German woman charged for crimes against humanity in Syria
German federal prosecutors charged Nurten J. with war crimes for living in a home that was taken by ISIS from its owners. They also charged her with crimes against humanity for participating in the enslavement of a Yazidi girl. [November 11, 2020]
Bosnia and Herzegovina | Bosnian army officers charged for killings of prisoners
The Bosnian state prosecution charged two former Bosnian Serb army officers, Radomir Nedic and Ratko Djurkovic, with crimes against humanity and war crimes for an attack carried out against Bosniak civilians in July 1992. [November 4, 2020]
France | France seeks trial ofLiberian rebel leader accused of crimes against humanity
French prosecutors requested a trial against Kunti K., a former Liberian rebel leader accused of committing acts of torture in 1993 and 1994 during Liberia’s civil war. [November 4, 2020]
United Kingdom | MPs pass bill to protect UK soldiers from prosecution
The United Kingdom’s House of Commons passed the Overseas Operations Bill, which is intended to protect the United Kingdom Armed Forces from “vexatious” claims over their actions overseas. [November 3, 2020]
The United Kingdom Parliament’s Human Rights Committee published the results of its legislative probe into the controversial Overseas Operations Bill. The Committee found that the Bill would make it more difficult for victims to obtain justice for war crimes committed by UK Armed Forces overseas. [October 29, 2020]
AFRICA
Democratic Republic of the Congo | Sheka and his wingman receive life sentences, victims are finally recognized
A military court in the Democratic Republic of the Congo convicted former militia leader Ntabo Ntaberi Sheka and his ally Séraphin Nzitonda, alias Lionceau, of war crimes. Both defendants received life sentences for the war crimes of murder, sexual slavery, and the recruitment and use of child soldiers. The court additionally found Sheka guilty of the war crime of pillage and found Lionceau guilty of the crime against humanity of rape. [November 23, 2020]
Sudan | Sudan declares amnesty except for war crime suspects
Sudan has declared amnesty for “all those who carried arms or took part in military operations or war.” The amnesty “excludes those with arrest warrants issued by the International Criminal Court or […] those wanted for genocide or crimes against humanity.” [November 13, 2020]
AUSTRALIA
Australia | Report finds evidence of war crimes by Australian special forces in Afghanistan
The Brereton report is the result of a four-year administrative inquiry into alleged war crimes committed by Australian soldiers in Afghanistan between 2005 and 2016. The report found that the special forces were responsible for the killings of 39 Afghans in 23 separate incidents, and that these killings were deliberately covered up. [November 19, 2020]
Australian Prime Minister Scott Morrison announced that a special investigator will be appointed to conduct a criminal investigation into alleged war crimes committed by Australian armed forces in Afghanistan. Where appropriate, the special investigator will refer cases to the Commonwealth Director of Public Prosecutions. [November 13, 2020]
THE AMERICAS
Argentina | Argentina dirty war: torture and baby theft trial underway
The trial of the 18 defendants accused of committing crimes against humanity in military detention centers in Argentina between 1976 and 1983 has begun. The charges relate to acts of torture, killings, and the abduction of babies. [October 28, 2020]