EU Day Against Impunity

Peter ten Hove
05 juni 2020

This month:

  1. The fifth EU Day Against Impunity

EU Day Against Impunity

On 23 May 2020 the fifth EY Day Against Impunity was organized. This year, the theme was the increasing cumulative charges against returning foreign terrorist fighters (FTFs), members of ISIS and its affiliates, with genocide, crimes against humanity and war crimes (so-called core international crimes).

In over 20 cases in Germany, France, Hungary, Finland and The Netherlands, judgments have been delivered or investigations and trials are ongoing where these FTFs are charged not only with membership of a terrorist organisation but also with core international crimes, increasing the possibility of higher sentences and of getting justice done for victims.

The cases demonstrate that particular terrorist organisations should also be considered as parties to a non-international armed conflict in Syria and Iraq. Its members are therefore culpable of committing war crimes, next to crimes against humanity and the crime of genocide. Suspects have so far mostly been tried for their primary terrorism offences, but may also carry responsibilities for other crimes committed in third states.

These offences may include war crimes of pillage, slavery, enlisting of child soldiers, murder as a crime against humanity or even the crime of genocide, but often stay unpunished. Additional possibilities to issue convictions lie in so-called ‘selfie’ or ‘posing’ cases: the use of photographs and videos posted on social media depicting the inhumane treatment of dead persons.

Eurojust and the Genocide Network advocate and support cumulative prosecutions that encompass the full criminal scope of individual perpetrators, enabling longer sentences. This is particularly important for victims of ISIS who have suffered great harm and seek justice. Additionally, prosecution of core international crimes is not subject to time limitations. This enables prosecutors to work on these cases for decades ahead.

Alongside, the report “Cumulative prosecution of foreign terrorist fighters for core international crimes and terrorism-related offences” was presented.

Due to the COVID-19 pandemic, the Eurojust Genocide Network organised a virtual platform on the Eurojust youtube channel. On this channel, all statements and contributions are available. Contributions were made by:

  • Ladislav Harman (president of Eurojust)
  • Matevz Pezdirc (head of Genocide Network)
  • Dražen Bošnjaković (Croation Minister of Justice)
  • Nicole Vogelenzang (Dutch prosecutor)
  • Nadia Murad (Nobel Peace Price Winner 2018)
  • Anna Zabeck (German prosecutor)
  • Didier Reynders (European Commissioner for Justice)
  • Aurelia Devos (French prosecutor)
  • Christian Ritscher (German prosecutor)

In a plea for establishing truth, justice and accountability, Nobel Peace Prize laureate and human rights activist for the persecuted Yazidi community Ms Nadia Murad said:

‘Survivors and victims of ISIS deserve justice – not empty promises of hope. Living without receiving justice is another kind of torture. It is not enough for foreign ISIS fighters to be tried as terrorists. They must be tried for war crimes, crimes against humanity, and genocide. This is especially true for those fighters that enslaved Yazidi women and girls.’