Justice monitor (11/20)

This month

• Domestic prosecutions
• International(ized) prosecutions

Domestic prosecutions

Australia

Afghan and Australian human rights organisations have welcomed the release of the Australian Defence Force Afghanistan Inquiry into alleged war crimes by Australian special forces in Afghanistan. They urge the Australian Government to move swiftly to implement its recommendations and establish a proper redress mechanism for victims.

The report found evidence of grave human rights violations by Australian special forces soldiers, including the alleged executions of 39 Afghan civilians and prisoners, deliberate cover-ups and abuse. It has made 143 recommendations, including that 53 incidents involving 19 soldiers be referred to the Office of the Special Investigator for criminal investigation, and that the families of the victims be compensated. It has also made numerous recommendations aimed at transforming the “warrior-hero” culture and accountability mechanisms within the SAS, including strengthening reporting mechanisms and protections for whistleblowers.

Bosnia

Bosnian authorities have arrested 2 suspects for their role in international crimes committed during the Yugoslav war. An additional 12 indictments were made public against  perpetrators of core international crimes during the war.

Belgium

The names of the three genocide suspects that were arrested in October are now public.

Croatia

Croatian authorities have arrested one alleged perpetrator of war crimes.

Democratic Republic of Congo

On 23 November 2020, former warlord Sheka and his accomplice Lionceau were sentenced to life imprisonment for war crimes committed in North Kivu. The perpetrators were members of the former Nduma Defense of Congo (NDC). They were found guilty of war crimes by murder, sexual slavery, enrolment of child soldiers and – in Sheka’s case – pillage.

A third militiaman received a 15-years sentence; the fourth accused was acquitted.

Switzerland

A former commander of the United Liberation Movement of Liberia for Democracy (ULIMO) is finally to stand trial and to be held responsible for mass atrocities in Switzerland. The man is said to have directed and participated in the commission of systematic killings, rapes, recruiting child soldiers, acts of cannibalism, and forced labour of civilians in the Lofa county. The crimes were committed between 1993 and 1995 while the organisation fought with the National Patriotic Front of Charles Taylor. The suspect was arrested in 2014.

International(ized) prosecutions

International criminal court

On 2 November 2020, Paul Gicheru surrendered to the authorities of The Netherlands. As a lawyer formerly based in Kenya, he is suspected of offences against the administration of justice consisting in corruptly influencing witnesses of the Court. On 3 November 2020 Paul Gicheru was taken in the ICC’s custody.

International Residual Mechanism for Criminal Tribunals (IRMCT)

On 11 November 2020 Félicien Kabuga appeared before the IRMCT in The Hague. He is charged with seven counts of genocide and crimes against humanity. The suspect was the President of the Comité provisoire of the Fonds de défense nationale (National Defence Fund) from about 25 April 1994 to July 1994 and President of the Comité d’Initiative of Radio Television Libre des Milles Collines (RTLM) during the time of the crimes pleaded in the indictment.

Kabuga was first indicted by the International Criminal Tribunal for Rwanda (ICTR) on 26 November 1997, and was arrested near Paris on 16 May 2020.

Kosovo Tribunal

On 4 November 2020 Jakup Krasniqi was arrested and transferred to the Detention Facilities of the Kosovo Tribunal in The Hague. He has been arrested for war crimes and crimes against humanity.

On 5 November 2020 the tribunal confirmed the indictments against Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi. The indictment was made publicly availableon 30 November 2020. Over the course of November, all suspects appeared before the court for an initial hearing.