Accountabilty for international crimes

03 juli 2020

This month:

International(ized) criminal courts
Domestic prosecutions for core international crimes

International(ized) criminal courts

International Criminal Court (ICC)

On 9 June 2020 the prosecutor of the ICC announced the surrender and transfer of Mr Ali Kushayb, an alleged leader of the “Janjaweed” militia in Darfur, Sudan.

On 27 April 2007 the ICC issued a warrant of arrest against the defendant for the commission of alleged war crimes and crimes against humanity in the Darfur region of Sudan. On 11 June 2020 a second warrant of arrest was made public. This warrant adds three new charges of war crimes (murder) and crimes against humanity (murder and other inhumane acts) allegedly committed in Deleig and surrounding areas. Mr. Ali Kushayb first appearance at the ICC was on 15 June 2020 when his identity was verified as well as his understanding of the crimes he is suspected from.

The situation on Darfur had been referred to the ICC on 31 March 2005. The investigations focus on crimes committed since 1 July 2002.

Kosovo Tribunal (KSC&SPO)

On 24 June 2020 the prosecutor revealed that indictments were filed against Hashim Thaci, Kadri Veseli, and others for a range of crimes against humanity and war crimes, including murder, enforced disappearance of persons, persecution, and torture. The suspects are held criminally responsible for nearly 100 murders of Kosovo Albanian, Serb, Roma, and other ethnicities and include political opponents. The indictment is now being reviewed by the pre-trial judge.

The public notice was deemed necessary because of repeated efforts by Hashim Thaci and Kadri Veseli to obstruct and undermine the work of the Kosovo Tribunal.

Mr. Thaci is the acting president of Kosovo and mr. Veseli is the former chairman of the Assembly of Kosovo, former chief of the Kosovo Intelligence Service and the leader of the Democratic Party of Kosovo. He furthermore was one of the leaders of the Kosovo Liberation Army.

Domestic prosecutions

Spain

On 15 June 2020 the “Jesuits Massacre Trial” started for the 1989 event in El Salvador where six Jesuit priests, their housekeeper and her daughter were slaughtered by members of the US-trained Atlactl Battalion. The event occured during the Salvadoran civil war (1979-1992). Five of the victims had the Spanish nationality.

While most defendants remain in El Salvador and will not be extradited to Spain, the current case deals with a defendant who was extradicted by the US.

United States

On 2 June 2020 an indictment for torture was filed against a Gambian man, alleged to have been member of the “Junglers”, a Gambian death squad. The defendant was arrested in 2019 for immigration fraud and has been in detention ever since. The case has triggered the US Congress to direct law enforcement agencies to increase efforts to investigate and prosecute similar crimes, including genocide, torture, use or recruitment of child soldiers, war crimes, and other crimes committed by human rights violators and to increase the number of prosecutions.

Germany

On 19 June 2020 a Syrian refugee, now operating as a doctor in Germany, was arrested for crimes against humanity. The defendant is suspected to have committed crimes in his official capacity as a doctor in a secret Syrian detention centre in Homs. More precisely, the allegations are that the defendant did not provide the necessary medical treatment after the victim had been tortured. Instead he is suspected of repeatedly beating the victim.

Netherlands

On 18 June 2020 a Syrian national appeared in court, facing combined charges for both war crimes and terrorism. A strategy that has been promoted by the Eurojust’s Genocide Network, as highlighted in this year’s EU Day against Impunity.