April 2022

Monthly News Updates: Domestic Prosecution of International Crimes – April 2022

By: Pauline Pfaff, Junior Research Associate, PILPG-NL 

Several war crimes trials started in the month of April. This post provides an overview of the core developments worldwide regarding the domestic prosecution of international crimes.

EUROPE

Finland | Court acquits former Sierra Leonean rebel commander of war crimes

The court of Tempere, Finland, released its judgment in the case against Gibril Massaquoi, a former Sierra Leonean rebel commander. The court acquitted Massaquoi of all war crimes and crimes against humanity charges based on insufficient evidence. Massaquoi stood trial for crimes committed in Sierra Leone and Liberia between 1999 and 2003. [April 29, 2022]

Ukraine | State prosecutor prepares war crimes charges relating to the Bucha massacre

The Ukrainian state prosecutor announced plans to prepare charges against several members of the Russian military for war crimes committed in Bucha. Following the retreat of Russian troops from the city, Ukrainian authorities discovered the remains of more than 410 civilians, some of which showed signs of torture and execution. The Ukrainian Ministry of Defense published the identities of ten Russian soldiers allegedly involved in the Bucha massacre. [April 28, 2022]

Bosnia and Herzegovina | Court charges former Bosniak political and military leaders with war crimes

The Bosnian state court indicted ten individuals for their alleged involvement in an attack on a Yugoslav People’s Army convoy on May 3, 1992 which killed eight individuals and injured 24. The attack occurred when the convoy attempted to retreat from Sarajevo under the escort of United Nations peacekeepers. Among the charged individuals are several former ministers and retired Bosnian army generals. [April 27, 2022]

Germany | Trial against Gambian national for crimes against humanity starts

The trial of a Gambian individual accused of committing crimes against humanity and murder commenced before a German court. The defendant allegedly belonged to the so-called “Junglers,” a death squad under the direct command of former Gambian authoritarian ruler Yahya Jammeh. The charged crimes include the murder of journalist Deyda Hydara in 2004. The trial is based on the principle of universal jurisdiction. [April 25, 2022]

Bosnia and Herzegovina | Court acquits four former members of the Sarajevo police force of war crimes charges

The Bosnian state court acquitted Dragan Vikic, the former police chief of Sarajevo, and three co-defendants of war crimes. The prosecution indicted the four defendants for the murder of eight Yugoslav People’s Army prisoners in the early days of the siege of Sarajevo in April 1992 and the failure to punish the direct perpetrators. The judgment may be appealed. [April 21, 2022]

Netherlands | Appeal hearings in Ethiopian war crimes case conclude

The Appeal Court of The Hague completed hearings in the case of Ethiopian-Dutch Eshetu Alemu after two weeks. In 2017, a first instance court convicted Alemu of war crimes committed during the so-called red terror in Ethiopia in 1978. The court sentenced him to life imprisonment. The underlying acts include 75 murders, six instances of torture, as well as 320 counts of arbitrary detentions which took place between February and December 1978. [April 18, 2022]

Netherlands | Court sentences Afghan national to 12 years imprisonment for war crimes

The District Court of The Hague sentenced Abdul Rafief to twelve years in prison after finding him guilty of war crimes under the principle of universal jurisdiction.  Rafief was a top commander at the infamous Pul-e-Charkhi prison in Kabul, Afghanistan, in the 1980s. The court found that while there, Rafief engaged in the inhumane and degrading treatment of political prisoners. [April 14, 2022]

Germany | Court charges suspect with war crimes in Syria

The German state prosecutor charged Moafak D. with war crimes before a Berlin court. In 2014, D. allegedly threw a grenade into a crowd of civilians waiting to receive food in Damascus, Syria. At least seven individuals lost their lives. D. is stateless and a former member of the Free Palestine Movement, the group that controlled the Yarmouk district of Damascus at the time.  [April 14, 2022]

Switzerland | Criminal proceedings start against company for plunder in Libya

The Office of the Attorney General of Switzerland formally announced the start of criminal proceedings against the Swiss-based company Kolmar Group AG for pillage as a war crime.  The company allegedly procured smuggled gasoil from a Libyan state-owned company during the Libyan civil war from 2014 to 2015.  [April 13, 2022]

Ukraine | Prosecutor announces war crimes investigations into 500 Russian individuals

The Ukrainian state prosecutor announced investigations into the possible culpability of 500 Russian officials for war crimes. In the announcement, the prosecutor alleged that Russian individuals committed approximately 5,600 alleged war crimes on Ukrainian territory since the start of the Russian invasion earlier this year. [April 10, 2022]

Serbia | Court convicts former Bosnian Serb reservist policeman of torture

The Belgrade Higher Court found former Bosnian Serb reservist policeman Milorad Jovanovic guilty of torturing non-Serb civilians in the Sanski Most area in 1992.  The court sentenced Jovanovic to nine years’ imprisonment.  [April 8, 2022]

Germany | Former ministers file war crimes complaint against Russian individuals

Former minister of justice Sabine Leutheusser-Schnarrberger and former minister of interior Gerhart Baum filed a criminal complaint against several Russian officials with the Federal Prosecutor’s Office. The aim of the complaint is to prompt a war crimes probe. Russian president Vladimir Putin is among the implicated individuals. [April 7, 2022]

AFRICA

Democratic Republic of Congo | Third war crimes trial starts

The military court opened the trial against seven former members of the Kamuina Nsapu militia. The defendants allegedly committed war crimes in the Kasai Central province in 2017. This is the third such trial in the Democratic Republic of Congo. [April 21, 2022]

Central African Republic | First trial of war crimes court postponed

The long-awaited hybrid Special Criminal Court opened its doors in the Central African Republic to adjudicate international crimes committed during the protracted armed conflict within the country. The defense lawyers boycotted the inaugural trial hearing to protest their unequal treatment. As a response, the court adjourned the hearing and will continue on April 25. The first case of the court pertains to the alleged killing of 46 civilians in the villages Koundjili and Lemouna by members of 3R rebel group in May 2019. [April 19, 2022]

THE AMERICAS

Colombia | First public admission of guilt for crimes against humanity and war crimes

Nine military officials and one civilian co-defendant admitted to having orchestrated the enforced disappearance and extrajudicial killing of 120 civilians as part of the so-called ‘false positives’. This marks the first public admission of guilt for crimes against humanity and war crimes before the Special Jurisdiction for Peace.  [April 27, 2022]

April 2022

Monthly News Updates: International Criminal Court News Updates – April 2022

By: Claire Kaula, Junior Research Associate, PILPG-NL

The ICC is increasing collaboration and cooperation. The ICC President visited the UN and Guinea-Bissau, the ICC Prosecutor visited Ukraine and Nigeria, and the Office of the Prosecutor is joining Eurojust to collect information for the Situation in Ukraine. 

INTERNATIONAL CRIMINAL COURT

ICC President completes mission to United Nations in New York City

ICC President Judge Piotr Hofmański undertook a three-day mission to the United Nations Headquarters in New York City.  During his mission, Judge Hofmański met with many UN officials, discussed the ICC’s growing number of activities, and promoted universal support of the Rome Statute. [April 7, 2022]

EUROPE

Ukraine | Office of the Prosecutor partners with the Joint Investigation Team

The ICC Office of the Prosecutor announced its participation in the Joint Investigation Team with Ukraine, Lithuania, and Poland regarding international crimes.  This marks the first cooperation and collaboration between the ICC and Eurojust (a European Union Agency).  The partnership allows for better and more efficient ability to collect information needed for the investigation into the Situation in Ukraine. [April 25, 2022].

Ukraine | ICC Prosecutor visits Ukraine

Beginning on April 13, ICC Prosecutor Karim AA Khan visited Ukraine to strengthen cooperation and engagement in the investigation into the Situation in Ukraine.  While there, he met with Ukraine’s Prosecutor-General Iryna Venediktova, visited the crime scene in Bucha saying there are “reasonable grounds to believe that crimes within the jurisdiction of the ICC are being committed,” and met with survivors in Borodyanka. [April 16, 2022]

United Kingdom | UK contributes £70,000 to the Trust Fund for Victims

The United Kingdom of Great Britain and Northern Ireland made a £70,000 voluntary contribution to the Trust Fund for Victims (TFV).  This contribution will specifically be used for victims of conflict relating to sexual and gender-based violence.  The TFV welcomed the contribution, and the UK reaffirmed their strong support of the ICC. [April 4, 2022] 

THE AMERICAS

Venezuela | Venezuela requests deferral of investigation, ICC Prosecutor requests resumption

Venezuela requested that the ICC Office of the Prosecutor (OTP) defer its investigation into the Situation in Venezuela under Article 18(2) of the Rome Statute.  Venezuela claims they are investigating the Situation domestically.  However, ICC Prosecutor Karim AA Khan claims there is no new information demonstrating this.  The Prosecutor has notified and requested that the Pre-Trial Chamber authorizes the OTP to resume the investigation. [April 21, 2022]

AFRICA

Nigeria | ICC Prosecutor visits Nigeria

The ICC Prosecutor Karim AA Khan concluded his first official visit to Nigeria.  The visit was conducted to discuss the preliminary examination into the Situation in Nigeria completed in 2020.  At that time, former ICC Prosecutor Fatou Bensouda concluded there were reasonable grounds that crimes against humanity and war crimes occurred.  The visit established cooperation between Nigeria and the ICC for any future investigation. [April 22, 2022]

Republic of Guinea-Bissau | ICC President visits Guinea-Bissau

ICC President, Judge Piotr Hofmański visited Guinea-Bissau and met with Umaro Sissoco Embaló, President of Guinea-Bissau, and other government officials to encourage ratification of the Rome Statute.  Judge Hofmański also visited the European Union Delegation in Guinea-Bissau. [April 21, 2022]

Sudan | Mr. Abd-Al-Rahman’s trial opens

On April 5, the case The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman opened before ICC Trial Chamber I.  Mr. Abd-Al-Rahman was charged with 31 crimes against humanity and war crimes, and he pled not-guilty to all.  ICC Prosecutor Karim AA Khan and ICC Senior Trial Lawyer Julian Nicholls made opening statements, followed by remarks from the Legal Representatives of Victims.  Prosecutor Khan emphasized the gender-based violence and crimes committed against children in this case and the ICC’s purpose to provide justice by this trial. [April 5, 2022]

March 2022

Monthly News Updates: International Criminal Court – March 2022

By: Claire Kaula, Junior Research Associate, PILPG-NL

The ICC Office of the Prosecutor opened the investigation into the Situation in Ukraine and submitted an application for arrest warrants in the Situation in Georgia.  Additionally, in the Situation in the Central African Republic II, the authorities of the Republic of Chad surrendered Mr. Mokom to the ICC.

INTERNATIONAL CRIMINAL COURT

Release of the fifth edition of the ICC Chamber Manual

The ICC released the fifth edition of the ICC Chambers Practice Manual.  The new edition adds a new section on the transmission of the records of the proceedings and a new model to provide directions for trial conduct.  The manual also includes a revised procedure for admission of victims’ applications to participate in all stages of proceedings. [March 25, 2022]

ICC issues statement for International Women’s Day

The ICC commemorated International Women’s Day by releasing a statement supporting “global action to advance gender equality and empowerment of all women and girls.”  The ICC described what the Court itself is doing to further promote women’s rights.  This includes taking a gender perspective in ICC proceedings and improving gender equality in ICC operations by appointing a Focal Point for Gender and working on a draft Strategy on Gender Equality and Workplace Culture. [March 8, 2022]

ICC Deputy Prosecutors sworn in

On March 7, Nazhat Shameen Khan of Fiji and Mame Mandiaye Niang of Senegal were sworn in as the ICC’s new Deputy Prosecutors.  They began their nine year term on March 8, 2022.  ICC Prosecutor Karim A.A. Khan welcomed the two new Deputy Prosecutors and remarked that this was an important step in the ICC Office of the Prosecutor revitalization process. [March 7, 2022]

EUROPE

Ukraine & Poland | ICC Prosecutor visits Ukraine and Poland

ICC Prosecutor Karim A.A. Khan visited Ukraine and Poland on March 16 and 17 with the purpose of supporting the investigation into the Situation in Ukraine.  Prosecutor Khan met with Ukraine’s Foreign Affairs Minister, Dmytro Kuleba,  Prosecutor-General,d Iryna Venediktova, and virtually met Ukrainian President Volodymyr Zelenskye. Prosecutor Khan also met with individuals who fled due to the hostilities taking place in Ukraine.  In Prosecutor Khan’s statement on the visit, he emphasized the difficulty of this investigation and requested voluntary financial contributions from ICC States Parties. [March 16, 2022]

Ukraine | Investigation into the Situation in Ukraine opens

The investigation into the Situation in Ukraine opened on March 2 after 39 ICC States Parties referred the Situation to the Office of the Prosecutor.  As of March 11, 41 ICC States Parties had referred the Situation of Ukraine to the ICC.  The Office of the Prosecutor’s investigation team is currently conducting the investigation on the ground.  To aid the investigation, the Office established a portal where anyone with relevant information may contact the investigators. [March 11, 2022]

Georgia | Prosecutor requests three arrest warrants regarding the Situation in Georgia

ICC Prosecutor Karim A.A. Khan filed an application for three arrest warrants for the Russian officials Lieutenant General Mikhail Mayramovich Mindzaev, Gamlet Guchmazov, and David Georgiyevich Sanakoev.  The Office of the Prosecutor determined there are reasonable grounds to believe that these individuals committed war crimes in Georgia in August 2008 in the context of an international armed conflict.  In Prosecutor Khan’s announcement, he drew parallels between the patterns of conduct observed in the Situation in Georgia and those emerging in the preliminary examination into the Situation in Ukraine. [March 10, 2022]

AFRICA

Central African Republic | Mr. Mokom surrendered to the ICC

On March 14, authorities of the Republic of Chad surrendered Maxine Jeoffroy Eli Mokom Gawaka to the ICC. The Pre-Trial Chamber II issued the warrant for his arrest in 2018 after finding reasonable grounds to suspect that Mr. Mokom committed war crimes and crimes against humanity in the Central African Republic between 2013 to 2014. On March 22, Mr. Mokum made his first appearance before the ICC. [March 22, 2022]

March 2022

Monthly News Updates: Domestic Prosecution of International Crimes – March 2022

By: Pauline Pfaff, Junior Research Associate, PILPG-NL 

In March 2022,  public attention was largely focused on developments in the conflict in Ukraine. This is reflected in various initiatives to investigate potential Russian war crimes.  Developments in relation to the domestic prosecution of international crimes also occurred worldwide.

EUROPE

France | Prosecutor opens war preliminary inquiry into torture allegations against the head of Interpol

The French prosecutor specialized in anti-terror cases opened a preliminary probe into allegations against Emirati General Ahmed Nasser Al-Raisi. Al-Raisi became the head of Interpol in November 2021. The Gulf Centre for Human Rights filed a legal complaint against Al-Raisi, alleging that he tortured members of the opposition during his term as an official at the United Arab Emirates interior ministry. [March 24, 2022]

Bosnia and Herzegovina | Court finds former Bosnian Serb reservist policeman guilty of crimes against humanity

The Bosnian state court convicted former Bosnian Serb reservist policeman Predrag Bastah of crimes against humanity. The court found him guilty of killing 34 Bosniak civilian prisoners in Mracni Dol in 1992. [March 22, 2022]

Bosnia and Herzegovina | Supreme Court confirms war crimes verdict against Bosnian Serb Army Soldier

The Supreme Court of Bosnia and Herzegovina upheld the first-instance verdict against former Bosnian Serb Army soldier Mile Kokot. The court found Kokot guilty of physically abusing and robbing civilians in Sanski Most in 1992 and sentenced him to two years and five months imprisonment. [March 21, 2022]

France | Prosecutor opens war crimes probe into death of cameraman in Ukraine

The French prosecutor specialized in anti-terror cases announced a war crimes probe into the killing of Franco-Irish cameraman Pierre Zakrzewski.  Zakrzewski died outside Kyiv alongside his Ukrainian colleague Oleksandra Kuvshynova on Monday March 18, 2022. [March 18, 2022]

Poland/Germany/Spain/United Kingdom | Several war crimes documentation and investigation efforts in relation to the war in Ukraine

The Polish thinktank Pilecki Institute set up the Raphael Lemkin Centre for the Documentation of Russian Crimes in Ukraine to document evidence of war crimes during the current conflict in Ukraine. Several researchers have started interviewing Ukrainian refugees to gather testimony. The German Federal prosecutor as well as the Spanish public prosecutor further announced a probe into alleged Russian war crimes. Similar efforts to preserve information and evidence are present in other countries, including the United Kingdom and at international level. In February, PILPG launched the Ukraine Transitional Justice & Documentation portal, aimed at capacity-building for organizations and individuals seeking to document alleged international crimes in Ukraine. [March 6-8, 2022]

Germany | Court charges Gambian individual with crimes against humanity

The German federal public prosecutor charged Bai Lowe, a Gambian national, with crimes against humanity, murder, and attempted murder. Lowe is allegedly a former member of the “Junglers.” The special army unit carried out assassinations on the orders of former Gambian leader Yahya Jammeh. The charged acts include the 2004 murder of Deyda Hydara, an AFP news agency journalist. [March 3, 2022]  

AFRICA

Ethiopia | Ethiopian Human Rights Commission releases report documenting war crimes and crimes against humanity in Tigray region

The independent Ethiopian Human Rights Commission published a report documenting 750 civilian casualties since the start of the Tigray People’s Liberation Front’s offensive in the Afar and Amhara region last July. The report includes accounts of acts that may constitute war crimes and crimes against humanity, including sexual and gender-based crimes, torture, looting, and enforced disappearances. It names both rebels and government forces as perpetrators. [March 11, 2022]

Gambia | Truth Commission submits recommendations on amnesty applications

Gambia’s Truth, Reconciliation and Reparations Commission submitted its recommendations to the government pertaining to 25 applications for amnesty. The Commission recommended to dismiss eleven applications, deny eight, and grant six. Among those approved is the application of Sanna Sabally, the second-in-command leader of the former military junta. The government’s decision on the recommendations is scheduled for the end of May. [March 21, 2022]

THE AMERICAS

Colombia | Peace tribunal to open three new cases

Colombia’s Special Jurisdiction of Peace announced the opening of three new cases. The tribunal will focus on armed actors, deviating from its previous approach centered around symbolic crimes. Victim communities had mixed reactions to this strategic shift due to concerns that this new approach may not be able to adequately capture their experiences. [March 14, 2022]

OCEANIA

Australia | Myanmar’s National Unity Government prepares submissions to prompt war crimes probe

Myanmar’s National Unity Government, consisting of government officials exiled following the 2021 coup d’état in Myanmar, announced it was preparing war crimes cases against several members of the military junta presently in power in Myanmar. It further expressed its intention to submit the files to the Australian authorities to initiate investigations based on the concept of universal jurisdiction. [March 22, 2022]

Can US technology companies continue to operate in the European Union? A reflection on the Irish Data Protection Commission's preliminary decision

By: Guillermo Ferrer Hernáez, Junior Research Associate, PILPG-NL

In its mission to protect the rights of its citizens, the European Union (EU) adopted a far-reaching piece of data legislation, the General Data Protection Regulation (GDPR), which sets new standards for protecting the data of EU citizens. This piece of legislation, claimed to be the most robust privacy policy globally, allows EU citizens and individuals living in the EU and the European Economic Area territory to limit the collection of their personal information and control which information is shared with companies. GDPR guidelines require that the state receiving the data offers the same level of protection as the state from which the data is collected. Since the GDPR’s adoption, the Court of Justice of the European Union (CJEU) has ruled on the incompatibility of certain business practices regarding data transfers, including transfers between the US and the EU and the use of Standard Contractual Clauses.  

The battle to protect European citizens' rights during data transfers will lead to further significant developments, with the EU as the leading actor, in the upcoming months. This blog will discuss the consequences of the current GDPR and the Irish Data Protection Commission’s (IDPC) preliminary decision for the future of technology companies in the EU.

The Schrems II case

In July 2020, the CJEU issued its judgment in the Schrems II case, through which it invalidated the existing data transfer arrangement between the US and EU, known as the Privacy Shield, on the grounds that the EU could not ascertain that the data of EU citizens would be safe from US government surveillance once this data is transferred to US data collection centers. Under US laws, personal data protection may be subjected to controls to the extent necessary to meet national security, public interest, or law enforcement requirements. The CJEU found that US mass surveillance infringes several rights recognized under the Charter of Fundamental Rights of the European Union (CFR), such as the protection of personal data identified under Article 8. Therefore, the CJEU, in July 2020, concluded that the Privacy Shield agreement could not be used for the transfer of data. 

The use of Standard Contractual Clauses

Since the CJEU's verdict, several US technology companies have relied on a different legal mechanism, known as "Standard Contractual Clauses" (SCCs) to transfer EU users' data to the US. These mechanisms are pre-approved terms and conditions for extraterritorial data transfers published by the EU Commission and include several guidelines provided in the GDPR. Even if SCCs are considered to be compliant with the GDPR, technology companies are now required to verify on a case-by-case basis if the personal data transferred through with the use of these SCCs will be adequately protected in the destination state. According to the CJEU’s verdict, these companies now have the obligation of  ensuring that the data protection law of the destination state offers a similar level of protection as established within the GDPR. The need for this additional control emerged after the CJEU found that supervisory authorities of third states are not bound by these contractual clauses. This requirement has primarily limited the action of technology companies; moreover, a future decision by the IDPC could restrict even more their activities, even putting them to an end.

IDPC's preliminary decision

A month after the Schrems II judgment, the IDPC, the EU's leading regulator of technology companies, preliminarily concluded that Meta Platforms Ireland's use of SCCs violates the GDPR's provisions and proposed that these transfers of user data be suspended. According to the IDPC, the US does not grant any rights to EU data subjects before the courts against US authorities, directly violating the right to an effective remedy under Article 47 of the CFR.

The IDPC gave Meta until March 22, 2022, to respond to its preliminary decision and will issue its final decision in the first half of 2022. If the IDPC ultimately decides that the use of SCCs does not comply with the GDPR, this would eliminate any transfer of data between EU and US companies, leaving technology companies no other option than to withdraw their services from the EU. In light of this possibility, the EU Commission and the US Government started negotiations to replace the former Privacy Shield agreement in line with the CJEU's verdict.

The future of the technology companies in the EU

The European Union's institutions plan to adopt several pieces of legislation in the upcoming year, such as the Digital Markets Act, to limit the power of technology companies and protect the fundamental rights of EU citizens. On March 25, 2022 the EU Commission President announced the EU's “agreement in principle” on a data transfer deal with the US. While this “agreement in principle” is, in fact, a preliminary agreement, all indications are that the final deal will align with the new legislation. Furthermore, the EU has already noted that the final agreement will be in line with the CJEU case law on data transfers, requiring any third state to provide a minimum level of data protection. The fact that the IDPC may override the use of SCCs has also contributed to the content of this future agreement, including the possibility for European citizens to go to US courts if US companies violate their privacy rights under EU law. A new movement to stricter regulation on privacy issues seems to be underway, leaving a narrower space for technology companies to operate without any limits.