Accountability for core international crimes

This month:

1. International(ized) criminal courts
2. Domestic prosecutions for core international crimes
3. Corporate responsibility
4. Sanctions

International(ized) criminal courts

Kosovo Tribunal

On 24 September 2020 Salih MUSTAFA was arrested in Kosovo and transferred to and taken into custody in The Hague. He is charged with, under various forms of criminal responsibility: arbitrary detention, cruel treatment, torture and murder as war crimes committed in the non-international armed conflict in Kosovo. The crimes were committed between 1 April 1999 and 19 April 1999 at a detention compound located in Zllash/Zlaš, Kosovo, against at least six persons. One detainee was murdered at that location on a date between on or about 19 April 1999 and around the end of April 1999.

On 25 September 2020 Hysni GUCATI & Nasim HARADINAJ were arrested in Kosovo and transferred to and taken into custody in The Hague. Both have been arrested for offences against the administration of justice, namely intimidation of witnesses, retaliation and violation of secrecy of proceedings.

Special Tribunal for Lebanon (STL)

On 18 August 2020, the STL gave its judgment in the Ayyash et al. case. The case dealt with the attack on the former Lebanese prime minister Rafik Hariri’s life on 14 February 2005 in Beirut. The explosion killed 22 people, including the former prime minister, and injured 226 others. 

The accused, Salim Jamil Ayyash, was found guilty as a co-perpetrator of:

• conspiracy aimed at committing a terrorist act;
• committing a terrorist act by means of an explosive device;
• intentional homicide of Mr Rafik Hariri with premeditation by using explosive materials;
• intentional homicide of additional 21 persons with premeditation by using explosive materials; and
• attempted intentional homicide of 226 persons with premeditation by using explosive materials.

A sentence has yet to be determined.

Hassan Habib Merhi, Hussein Hassan Oneissi and Assad Hassan Sabra were found not guilty of all counts charged in the indictment. 

Domestic prosecutions for core international crimes

Chile

On 19 May 2020, 8 ex-military who formed part of the Augusto Pinochet’s “Caravan of Death” were convicted for their role in killing 26 people. Two of the convicted members received lifelong sentences, the other 6 were sentenced for 12 to 16 years. One suspect was acquiited. The death squad was responsible for the assassination of some 100 people in the first weeks of the dictatorship. On 30 September 1973 the death squad began traveling throughout the country, executing political prisoners and burying their corpses in secret.

Germany

On 20 August 2020 the German police arrested a 55-year old former Yugoslavian man (now US-citizen). In 1997 a Croation court sentenced him to 10 years for crimes against humanity. The individual concerned managed to escape justice.

Netherlands

Spain

On 11 September 2020 a Spanish court ruled in the case against Inocente Orlando Montano. He was on trial for the so-called 1989 Jesuit massacre whereby Salvadoran troops killed six Jesuit priests, their co-worker and her daughter. Inocente was prosecuted for his involvement as part of the military high command in giving the orders and for covering up the massacre. He was found guilty of being one of the persons who directed the massacre and was sentenced to 26 years in prison for each of the 5 Jesuit priests who were Spaniards.

Remaining suspects have not been extradited by El Salvador. And although a case has been opened, there is little progress made to prosecute them in El Salvador.

United States

On 8 September 2020 the appeal by Mr. Mohammed Jabbateh was rejected. His conviction to 30-year in prison for his role in Liberia’s civil was upheld. Under his command, civilians and soldiers were abused, tortured, raped, and killed, while cannibalism was also a widespread ritual.

Corporate responsibility

On 26 August 2020 French prosecutors opened an inquiry into BNP Paribas over claims of complicity in crimes against humanity, genocide and torture in Sudan. This, after a complaint by the International Federation for Human Rights (FIDH), concentrating on the period between 2002 and 2008.

Sanctions

Ghouta

In response to the 7th anniversary of the Ghouta attack by the Syrian regime (21 August 2013), the United States announced additional sanctions in order to promoe accountability for the Assad regime and its enablers. This time six more of Assad’s financial, political, and military advisors were targeted. During the Ghouta attack the Assad regime killed more than 1,400 Syrians, many of them children, with the chemical agent sarin.

The US estimates that the regime has continued to use chemical weapons in some 50 attacks.

In July 2o20, various nations took action at the Organization for the Prohibition of Chemical Weapons (OPCW) by adopting a decision condemning Syria for its possession and use of chemical weapons and setting out measures Syria must take. Any failure by Syria to fulfill these measures by the deadline will result in a recommendation to the OPCW’s States Parties to take further action.