Monthly News Updates: Domestic Prosecution of International Crimes - March 2021
By: Alexandrah Bakker, Research Associate, PILPG-NL
The following post highlights developments from around the world in the prosecution of international crimes before domestic jurisdictions. This month, several high-profile trials got underway while others resulted in long-awaited convictions.
EUROPE
Kosovo | Pristina Basic Court convicts two former Serb police officers of war crimes
The Pristina Basic Court convicted Zlatan Krstic and Destan Shabanaj, both former Serb police officers, of war crimes and sentenced them to 14.5 and 7 years imprisonment respectively. The Basic Court found that Krstic and Shabanaj were involved in an attack on Kosovo Albanian civilians in 1999 involving killings, torture, destruction of property, expulsions, and abductions. [March 23, 2021]
Serbia | Belgrade Higher Court agrees to hear an appeal in Bosnian crimes against humanity case
The Belgrade Higher Court agreed to hear the appeal of Dragomir Kezunovic, a former Bosnian Serb military police officer who was tried at first instance by the State Court of Bosnia and Herzegovina. Kezunovic’s trial relates to the shooting of 28 civilians in 1992. [March 18, 2021]
Germany | Koblenz Higher Regional Court updates charges in al-Khatib trial
The Koblenz Higher Regional Court updated the charges against Anwar R, the main defendant in the al-Khatib trial, to include incidents of sexual violence as crimes against humanity. The Court had previously qualified these acts as crimes under German criminal law. [March 17, 2021]
Germany | German authorities arrest former Gambian Jungler for crimes against humanity
German authorities arrested Bai L. on suspicion of crimes against humanity for his alleged role in three extrajudicial killings. The arrest warrant states that Bai L. was a driver for the Junglers, a unit of the Gambia’s armed forces renowned for carrying out extrajudicial killings on the orders of former President Yahya Jammeh. [March 16, 2021]
Croatia | Croatian Supreme Court rejects retrial in war crimes case
The Croatian Supreme Court rejected a request for a retrial for Mirko Graorac, whom the Supreme Court convicted of war crimes in 2001. Graorac has already served his 15-year sentence but claimed his initial trial did not meet fair trial standards. [March 12, 2021]
Switzerland | Defendant in universal jurisdiction trial requests US$1.5 million in compensation for lengthy detention
Alieu Kosiah, who is standing trial for war crimes committed during the Liberian civil war, requested US$1.5 million in compensation from the Swiss state. Kosiah is seeking compensation for the six years he spent in detention awaiting trial, as well as the emotional and reputational damage he has suffered as a result of the trial. [March 5, 2021]
AFRICA
The Gambia | Supreme Court of the Gambia holds that former junta member does not have immunity from prosecution for murder
The Supreme Court of the Gambia ruled that the constitutional immunity granted to members of the former junta does not extend to murder. The Supreme Court considered that murder did not form part of the accused’s official duties. Moreover, the Supreme Court held that the immunity provided for in the Constitution does not extend to violations of non-derogable human rights. [March 22, 2021]
Democratic Republic of the Congo | Military Tribunal of Kananga convicts militia leader of war crimes
The Military Tribunal of Kananga convicted Nsumbu Katende of war crimes committed in Kasai and sentenced him to life imprisonment. The judges also granted reparations to 200 registered victims and recognized the responsibility of the Congolese state for failing to take adequate steps to protect the civilian population of Kasai. [March 16, 2021]