Focus on International Justice – February
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[Paraguay] Crimes against humanity conviction for Stroessner-era police officer – On February 20, Eusebio Torres, now 87, was sentenced to 30 years imprisonment for crimes against humanity committed during Alfredo Stroessner’s military dictatorship that ruled Paraguay from 1954 to 1989. Across 8 days of hearings, victims testified to the torture they suffered at the hands of Mr Torres, nicknamed “the Whip” after his ‘favourite interrogation tool’. Torres denied all the charges, maintaining that due to the 49 years since the acts, the witnesses were confused as to who had committed them. The judges, handing down a guilty verdict, found that he had committed “all kinds of torture”. Due to his age, Mr Torres will serve his sentence under house arrest rather than in prison.
The verdict has been described as ‘long-awaited’. A 2008 report by the Paraguayan Truth and Justice Commission found that at least 423 people were murdered, 18,722 tortured, and 3,470 people were forced into exile during the 35 year-long dictatorship. Very few people have been held responsible for the crimes committed during the regime. The country has tried only 9 people for crimes against humanity since the end of the dictatorship. Alleged perpetrators are said to have evaded justice, by constantly appealing court decisions, greatly delaying the process. Alfredo Stroessner, the country’s former dictator, died at age 93 whilst in exile in Brazil. His party – Colorado – is still Paraguay’s majority party, and has held the presidency for most of the years following the end of the dictatorship.
What else happened this month?
[Uganda] ICC’s largest reparations order for Ongwen case – On February 28, the ICC rendered its decision on reparations in the case against Dominic Ongwen, a former commander of the Lord’s Resistance Army who was convicted of 61 counts of crimes against humanity and war crimes. Nearly 50,000 victims of the crimes he was found to have committed in Northern Uganda between 2002 and 2005 are to be awarded €750 in symbolic or satisfaction measures. Collective community-based measures, focused on rehabilitation, are also to be put in place. The Court must now identify all eligible victims and its Trust Fund for Victims will work to raise the funds to cover the Court’s largest ever reparations order.
[Uruguay] Former intelligence agent found guilty of crimes against humanity – On February 15, Jorge Carlos Guldenzoph Nunez was found guilty of committing acts of torture during the country’s dictatorship. Nunez had been on trial since 2020, and was found responsible of committing acts of torture against opponents of the regime, which lasted from 1973 to 1985. During the trial, 50 survivors told the court of the torture they had suffered, including electric shocks, beatings and rape.
[Bosnia] 13 former soldiers on trial for wartime crimes against Serbs – A Sarajevo criminal court began hearings on an attack on civilians carried out by the Bosnian Army in the region of Foca, in south-eastern Bosnia, in 1992 and 1993. The attack, in which 56 Serb civilians were killed and 10 others were injured, saw property and agricultural facilities destroyed. According to the prosecutor, it was carried out with the ‘intention to kill’ the Serb population. The 13 defendants have denied all charges against them.
[Chad] Victims begin receiving compensation for Hissène Habré case – Parties to the case of war crimes, crimes against humanity and torture against Chad’s former President, Hissène Habré, agreed to a compensation package of 10 billion Central African francs (16,5 million USD) for over 10,000 victims. N’djamena announced that it began distributing payments to the victims on Friday, February 23. The burial of the former president, who died of Covid in 2022, became a question of national reconciliation but should not be addressed before the victims have received their full compensation, representatives say.
[Italy] Trial in absentia for the alleged torturers of Italian student in Egypt – On February 20, the trial for the torture and murder of Giulio Regeni began before an Italian court. Regeni was a PhD student who had gone to Egypt to research for his thesis on trade unions, and was abducted in January 2016. His body was later found bearing signs of torture. In September, the Italian Supreme Court ruled that the trial should proceed, despite the fact that prosecutors were unable to notify the Egyptian security officials of the case against them. The Egyptian authorities have been accused of acting in an “obstructive and openly hostile manner” by failing to disclose the whereabouts of the defendants. Proceedings have been adjourned until March 18.
[UK] “The Troubles” amnesty act not compatible with ECHR – A high court in Belfast ruled unlawful a UK law granting conditional immunity for crimes committed during ‘The Troubles’, a conflict over whether Northern Ireland should remain in the United Kingdom or join a united Ireland, which saw more than 3,500 deaths between 1968 and 1988. The Act aims to halt inquests and future civil actions and offers immunity to former security force members and paramilitaries who cooperate with a new Reconciliation agency. Provisions providing conditional immunity were found to breach the European Convention of Human Rights, notably the right to life. The UK government is set to appeal the decision.
[French Guiana] NGOs submit request for Truth and Reconciliation Commission on colonial violence – On February 1, the Francophone Institute for Justice and Democracy (IFJD) submitted a request to the French National Assembly for a TRC on colonial ‘Homes’ in French Guiana. It has been reported that from 1935 to 2023, indigenous children were sent to Catholic boarding schools aimed at eradicating their national and cultural identities. Numerous acts of violence, such as sexual violence and humiliating treatment, were reportedly committed against the children in such institutions.
[UK] London Metal Exchange sued for trading “dirty metal” – The London Mining Network (LMN) and the Global Legal Action Network (GLAN) are suing the London Metal Exchange (LME) for money laundering. According to the two groups, LME is trading what they qualify as ‘dirty metals’ from Grasberg copper mine, in West Papua, Indonesia. The mining activities are said to be causing massive pollution to water sources that the local population relies upon for basic needs like drinking, cooking, and bathing. It is claimed that the metal sourced from this mine is “criminal property” as it is derived in circumstances that would breach UK criminal law if they were to occur in the UK.
[France] Complaint filed at the ECHR over military operation in Egypt – On February 8, NGOs filed a complaint with the ECHR over France’s refusal to investigate its potential involvement in crimes committed by the Egyptian state against civilians. Operation Sirli is an anti-terrorist operation carried out by French military forces conducting airstrikes in the desert linking Egypt and Libya. It has been revealed that the majority of people killed have been civilians. Cases before French courts have been successively dismissed, leading claimants to turn to the European Court.
[Netherlands] Court stops arms supply to Israel – On February 12, The Hague Court of Appeal ordered the Dutch government to stop supplying F-35 fighter jet parts to Israel. The court found there was a “clear risk” that serious violations of international humanitarian law would be committed with the aircraft. The Dutch government has stated that they will comply with the decision but intend to appeal to the Supreme Court. In 2022, the Netherlands sold military equipment to Israel that amounted to a revenue of 12.5 million euro.
[France] Charges confirmed in universal jurisdiction case – On 28 February, a court in Paris confirmed the charges for complicity in crimes against humanity for acts of murder, torture, rape, and sexual slavery, among others, allegedly committed by Roger Lumbala Tshitenga in the Democratic Republic of the Congo between 2002 and 2003. NGOs the Clooney Foundation for Justice, TRIAL International, Minority Rights Group, and DRC-based NGO Justice Plus are representing the victims as civil parties to the case. A trial is set to be held in Paris, in 2025.
[Netherlands] Rwandan man arrested on suspicion of involvement in Rwandan Genocide – On February 14, Dutch police arrested a Rwandan man living in the Netherlands, on suspicion of involvement in the Rwandan Genocide. It is reported that there has been a long-standing arrest warrant issued by Rwandan authorities against the man, who is yet to be named.
[France] Enforced disappearance charges dropped in Syria case – A universal jurisdiction case against Madji Nema, the former spokesman of Syrian armed group Jaysh al-Islam, for complicity in war crimes, will move to trial in France. The Islamist rebel group has been accused of committing numerous international crimes against civilians in the areas near Damascus that it controlled from 2013 to 2018. Charges relating to enforced disappearance were dropped, as France’s top criminal court found that despite it being demonstrated that Nema was involved in the disappearance of 4 activists, an involvement of official authority, a legal requirement for the crime, was not sufficiently established.
[Palestine] ICJ hears case on Israel’s occupation of the West Bank and East Jerusalem – The UN’s top court held 6 days of hearings this month on the legal consequences of Israel’s military occupation of the Palestinian territories. 52 countries participated in the proceedings, while Israel declined to take part in the hearings but submitted a written statement. Israel has occupied the territories since the 6-day war in 1967.
[ICC] Prosecutor wants court to try environmental crimes – Chief Prosecutor of the ICC Karim Khan has stated that he wants the Court to try environmental crimes, and can do so without changing its statute. The ICC’s Rome Statute mainly focuses on crimes against individuals or protected objects but Khan says that, during conflicts, “we have to see a horizon which is more wide”. The Court is expected to release a policy paper on its legal framework for environmental crimes in December.
[ICC] Armenia joins the International Criminal Court – On February 1, the Rome Statute officially entered into force in Armenia. Top Armenian leaders have stated that the move was intended to have a deterrent effect on its neighbour Azerbaijan, with which it has been in conflict since 2021 over control of the Nagorno-Karabakh region. However, both Russian and Western officials have commented on the impact this will have on the country’s obligations regarding the conflict in Ukraine.
[Ljubljana Convention] International crimes cooperation treaty signed by 34 countries – On 14 and 15 February, 35 countries attended a signing ceremony for the Ljubljana / Hague Convention on International Cooperation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and other International Crimes, also known as the Mutual Legal Assistance Treaty (MLA). Beyond facilitating cooperation between states, the treaty also contains ground-breaking provisions relating to the obligation to prosecute or extradite, and includes enforcement provisions for reparations for victims.
Did we forget anything? Let us know with a comment!
Photo: A wall in the city of Asuncion with a writing repudiating the dictatorship of Alfredo Stroessner (1954 – 1989). Wikimedia Commons.
