March 2021

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]

March 2021

Monthly News Updates: MH17 – March 2021

By: Jochem de Hoop, Junior Research Associate, PILPG-NL 

This news update draws together information concerning the downing of flight MH17 over Eastern Ukraine in 2014, specifically the legal proceedings that followed. The information is drawn from different online news platforms.

EUROPE

Diplomacy | Dutch government continued talks with Russia despite frozen diplomatic relations surrounding MH17

DutchNews.nl reports that the Dutch investigative website ‘Follow the Money’ have discovered that the Dutch government re-established contact with Russia in 2017 to discuss gas pipelines, even though official diplomatic relations had been frozen since July 2014, following the downing of flight MH17.  Meanwhile, the Dutch parliament was not informed that the diplomatic ties had been restored, and the Minister of Foreign Affairs Stef Blok made no mention of these contacts when asked in December 2019. [March 23, 2021]

Ukraine | Zelensky extends agreement on MH17 Investigation with the Netherlands until August 2021

On February 16, 2021, Interfax-Ukraine issued a news report claiming that the Ukrainian President Volodymyr Zelensky signed legislation extending an agreement with the Netherlands establishing the International Mission for Protection of Investigation on the downing of flight MH17 until August 1, 2021.  The Mission is tasked with facilitating the collection of remains, the investigation, and other activities that require an agreement between states. [March 12, 2021]

ASIA

Malaysia | Malaysia will not take sides until completion of MH17 trial

According to the Ukrainian news outlet Ukrinform, the Malaysian ambassador to Ukraine, Raja Reza Raja Zaib Shah, declared that the Malaysian government is committed to the JIT.  Nevertheless, he is reported to have indicated that Malaysia will not take sides until the Dutch criminal trial is completed.  He reiterated that the downing of MH17 cannot be attributed to any state until the District Court of The Hague has examined the evidence and delivered its judgment. [March 15, 2021]

Malaysia | Spending on MH17 trial could increase

According to the Ukrainian news outlet Ukrinform, during the same interview with the Malaysian ambassador to Ukraine, the ambassador declared that the allocation of 23.3 million Malaysian Ringgit (around 5.7 million USD) to the Dutch criminal trial will cover all expenses, including security, transportation, communication, facilities, and other additional expenses.  He suggested that there could be additional spending if the expenses increase. [March 15, 2021]

February 2021

Monthly News Updates: Human Rights Mechanisms - February 2021

By: Suzanne Broer and Paul Weber, Junior Research Associates, PILPG-NL

The following post highlights the work of regional and international human rights mechanisms around the world in protecting human rights and combating violations thereof.

EUROPE

European Court of Human Rights | New Inter-State Application Brought by Ukraine Against Russia Concerning Targeted Assassinations

Ukraine lodged an inter-state application against Russia concerning allegations of a Russian administrative practice of State-authorized targeted assassinations.  The complaint concerns the alleged violation of the right to life under article 2 through killings of individuals perceived to be opposed to the Russian government by Russian state agents on Russian territory and the territory of other Council of Europe member states. [February 23, 2021]

European Court of Human Rights | Germany’s Investigation into NATO Operations in Afghanistan did not Violate Human Rights

In the grand chamber judgement in Hanan v. Germany the Court found that the respondent state’s investigations following the death of the applicant’s two sons in an airstrike in Afghanistan were sufficiently effective to satisfy procedural requirements of the right to life under article 2.  In reaching its decision, the Court drew on the Code of Crimes against International Law to confirm the lawfulness of the attack. 

The lack of an investigation in Afghanistan was sufficiently offset by the wealth of information available to German authorities and the high level of public scrutiny of the case to preclude a violation of human rights. [February 16, 2021]

European Court of Human Rights | Two new Inter-State Applications Lodged Concerning the Conflict in Nagorno-Karabakh

After the requests for interim measures by both Armenia and Azerbaijan regarding the conflict in Nagorno-Karabakh last fall, the Court now received inter-state applications by both states.  Both applications concern allegations of widespread violations of the Convention during the hostilities between the two states. [February 4, 2021]

European Court of Human Rights | Criminal Conviction of Professor for Insulting the Turkish Prime Minister Violated Right to Freedom of Expression

The case of Dickinson v. Turkey concerned a British university professor in Turkey who exhibited a collage depicting Turkish prime minister Erdogan’s head glued to the body of a dog critical of Turkey’s support of the occupation in Iraq.  The Court found that the conviction violated freedom of expression under article 10, particularly in light of the compliant attitude of the applicant after the initiation of criminal proceedings. [February 2, 2021]

AFRICA

African Commission on Human and People’s Rights | The Commission Expresses Concern Regarding Attacks on Journalists in Uganda

The Commission expressed concern following an attack on journalists who reported on a petition of a member of the opposition to a UN office by soldiers of the Ugandan military.  It emphasized the important role of journalists for the functioning of democratic societies and the crucial need to protect them in doing their work. [February 20, 2021]

African Commission on Human and People’s Rights | The Commission Welcomes Sudan’s Decision to Establish Transitional Justice Institutions

The Commission welcomed the establishment of transitional justice institutions in line with Sudan’s peace agreement.  It highlighted the need for addressing gross human and people’s rights violations during the conflict on the pathway to sustainable peace.

THE AMERICAS

Inter-American Commission on Human Rights | The Commission Grants Precautionary Protection Measures in Favor of Olman Onel Salazar Umanzor in Nicaragua

In Resolution 11/2021, Olman Onel Salazar Umanzor and his immediate family were granted precautionary protection measures, because they are deemed to be at serious risk of suffering irreparable harm to their human rights.  Mr. Salazar is a social leader in an environmental community in Nicaragua who is a target of acts of aggression, threats, intimidation, and harassment.  Several of these acts were allegedly committed by police officers.  As a result, the IACHR requested the state of Nicaragua to take necessary measures to guarantee the right to life and personal integrity of Mr. Salazar and his immediate family, to consult the beneficiaries and their representatives, and to report on the actions it has taken to guarantee these rights.  This precautionary measure, however, does not entail a prejudgment on a case that may be filed before the inter-American system. [February 4, 2021]

Inter-American Commission on Human Rights| The Commission Grants Precautionary Protection Measures in Favor of Members of the San Isidro Movement in Cuba

After the Office of the Special Rapporteur expressed concern about the persistent harassment of journalists, artists, and human rights defenders in Cuba on February 5, the Inter-American Commission on Human Rights proceeded to grant precautionary protection measures to 20 identified members of the San Isidro Movement on February 12.  The San Isidro Movement is a group of artists, journalists, academics, and human rights defenders who focus on the right of freedom of expression.  Due to the threats, harassment, surveillance, persecution, detentions, and acts of violence by state agents they allegedly face, they need protection to their right to life and physical integrity, also in the exercise of their activities as human rights defenders.  [February 12, 2021]

UN MECHANISMS

Human Rights Experts | The United States is Urged to Implement Reforms that Address Policing and Racism

Several Special Rapporteurs, Independent Experts and Working Groups have come together to raise their concern about the excessive force used by American police in peaceful demonstrations.  The UN experts are urging the United States government to adopt reforms that put an end to police violence and to address systemic racism.  The experts based their advice on the report of the Philadelphia Office of the City on the response to the protests following George Floyd’s killing. [February 26, 2021]

Human Rights Council (Special Rapporteur on extrajudicial, summary, or arbitrary executions)| Potential Human Rights Violations in Iran’s Attack on PS752
On 8 January 2020, an Iran Revolutionary Guard Corp (IRGC) air defense unit fired two missiles at the Ukrainian plane PS752, killing all those on board in the context of heightened tensions following the United States’ killing of Iran’s General Soleimani. The Special Rapporteur finds several inconsistencies in Iran’s official explanations that followed the strike and argues that Iran violated multiple human rights obligations. [February 23, 2021]

February 2021

Monthly News Updates: Domestic Prosecution of International Crimes - February 2021

By: Alexandrah Bakker, Junior 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

Germany | Koblenz court convicts former Syrian intelligence agent of complicity in crimes against humanity

A court in Koblenz, Germany, convicted Eyad Al-Gharib, a former Syrian intelligence service agent, of complicity in crimes against humanity for arresting protesters and transporting them to a detention center in Damascus where they faced torture.  The case marks the first conviction of a Syrian state agent for international crimes committed since the 2011 uprising. [February 24, 2021] 

Switzerland | Trial of Liberian rebel leader resumes

The second phase of the trial of Alieu Kosiah began on February 15, 2021.  In this phase, plaintiffs and witnesses, some of whom traveled from Liberia to Switzerland for the trial, will testify.  Kosiah faces 25 war crimes charges for crimes committed in Liberia between 1993 and 1995. [February 15, 2021] 

Germany | German prosecutors charge former concentration camp employees as accessories to murder

In separate cases, German prosecutors charged a 95-year-old former secretary and a 100-year-old former SS guard as accessories to the murders of thousands of victims in the concentration camps in which they worked. [February 9, 2021] 

Serbia | Belgrade Higher Court convicts former Bosnian Serb policeman of torture

The Belgrade Higher Court convicted Milorad Jovanovic, a former Bosnian Serb policeman, of torturing civilians in 1992.  The Court sentenced Jovanovic to nine years’ imprisonment. [February 2, 2021] 

Finland | Hearings begin in the trial of Sierra Leonean rebel leader

The trial of Gibril Massaquoi opened in Finland on February 1, 2021.  Massaquoi was a Lieutenant Colonel of the Revolutionary United Front and faces charges of murder, aggravated war crimes, and aggravated crimes against humanity committed in Liberia during the civil war between 1999 and 2003.  Hearings have begun in Finland as well as on-site in Liberia and Sierra Leone. [February 1, 2021] 

THE AMERICAS

Argentina | Buenos Aires court convicts eight individuals of crimes against humanity 

A court in Buenos Aires convicted eight individuals of crimes against humanity committed at the Navy Mechanics School (ESMA) during the military dictatorship between 1976 and 1983.  The charges related to acts of abduction, murder, torture, and sexual assault at the ESMA which was used as a detention center during the dictatorship. [February 20, 2021]

Colombia | Special Jurisdiction for Peace reveals 6,402 “false positive” cases  

Colombia’s Special Jurisdiction for Peace revealed that Colombia’s army killed 6,402 civilians and falsely claimed the victims were members of rebel groups, in cases known as “false positives.” [February 19, 2021]

ASIA

Bangladesh | International Crimes Tribunal convicts eight individuals of crimes against humanity  

The International Crimes Tribunal in Bangladesh convicted eight individuals of crimes against humanity for murder, abduction, and torture committed during the state’s 1971 Liberation War.  The Tribunal sentenced three of the accused to life imprisonment and the other five to 20 years’ imprisonment. [February 11, 2021]

February 2021

Monthly News Updates: Southern Cameroons – February 2021

By: Kristoffer Burck, Junior Research Associate, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROONS. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

VIOLENCE IN ANGLOPHONE REGIONS

Peace Process | Government Offers Compensation to Victims of Ngarbuh Massacre 

A year after the Ngarbuh massacre, in which security forces killed 21 civilians, including 13 children, the government offered compensation to the families of victims. The offer to families contains roughly 9.000 USD for each person killed. A news source quoted the spokesperson for a victims´ organization as finding it “unacceptable that the government has unilaterally fixed the price for human life …”. In the process of finding compensation, the government denied any wrongdoing at first, but later agreed to set up a commission of inquiry. After international pressure, this government commission concluded that five of the killed individuals were armed fighters and 13 civilians were accidentally killed in the crossfire. Based on these findings, a trial against three members of the armed forces began on December 17, 2020. Nevertheless, the commission and the trial are criticized by organizations such as Human Rights Watch, as they are only “going after low-ranking soldiers” and excluding those higher up in the chain of command. The trial is still ongoing. [February 14th 2021]

Peace Process | Former Separatist Fighters Protest Conditions in DDR Centres

A number of former separatist fighters in Disarmament, Demobilisation, and Reintegration (DDR) Centres in Bamenda in the anglophone North West region protested on February 15th 2021, to make their demands for better integration efforts heard. The former fighters, who laid down their arms voluntarily, condemn the government for not living up to their promises of reintegrating the former fighters into society. [February 15th 2021]

Clashes with Soldiers | Civilian Violently Tortured by Soldiers

Widespread outrage erupted in Cameroon after a video emerged online showing soldiers, gendarmes, and police officers torturing a civilian man on February 11, 2021. In the video, the government officials are seemingly threatening to behead the man and express that their acts are common practices among law enforcement officials. The victim explained a few days later that the officials accused him of being a member of armed separatist groups, relying on the fact that he was in possession of a second identity card as proof.. Following national outrage, the perpetrators have been arrested and are currently being investigated by the Military High Command.  [February 18th 2021]

Peace Process | Japan Offers Financing for Reconstruction of Anglophone Regions

The government of Japan, via its Embassy in Yaoundé, offered to financially support reconstruction efforts in anglophone regions. Japan reportedly offered 2.75 Million USD in support of a government-led program to rebuild infrastructure in the anglophone North West and South West regions, both severely affected by the ongoing conflict. [February 19th 2021]

Separatist Violence | Separatist Allegedly Kill Three Local Rulers

Armed separatists allegedly abducted and killed four traditional chiefs from the Libalem  community in the anglophone South West Region on February 13th 2021. Local sources claim that a possible reason for the abduction could be that the local rulers participated in regional elections in December 2020, disobeying a boycott mandated by separatist groups. A separatist leader in turn claimed that government forces were responsible for the killings and that politicians are now trying to frame the anglophone movement. [February 22nd 2021]

Separatist Violence | At Least Six Soldiers Killed in Three Different Attacks

Armed separatists killed at least six government soldiers in three separate attacks in February. Three navy soldiers were killed in an ambush on February 14th and an army captain in a separate attack on February 15th. In the third attack on February 24th, separatists killed at least two soldiers after their vehicle was damaged by an improvised explosive device. The army in turn reportedly also killed five suspected separatists and burned civilian houses in the anglophone North West region, killing two civilians. [February 25th 2021]

HUMAN RIGHTS 

US Deportations | Members of US Congress Ask Biden to Stop Deportations to Cameroon

More than 40 Democratic members of the US Congress wrote a letter urging President Biden to halt deportations of asylum seekers to Cameroon. The letter cites the ongoing armed conflicts in the anglophone regions and on the Nigerian border, as well as human rights abuses by the Cameroonian government as reasons to stop deportations. The previous administration under President Trump continued to deport Cameroonian asylum seekers, ignoring warnings by human rights groups. [February 17th 2021]

LGBTQ+ Rights | Nine People Arrested for Practicing Homosexuality

The police arrested nine individuals on charges of “practicing homosexuality” on February 25th 2021. These arrests were made at the headquarters of a civil society organization that provides care for persons infected with HIV. Homosexuality is prohibited under Cameroonian law and can be sentenced to up to five years in prison. [January 19th 2021]