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Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.
Momčilo Perišić is a Serbian former general and politician who served as the Chief of the General Staff of the Armed Forces of Yugoslavia between 1993 and 1998.
The Special Tribunal for Lebanon (STL), also referred to as the Lebanon Tribunal or the Hariri Tribunal, is a tribunal of international character applying Lebanese criminal law under the authority of the United Nations to carry out the investigation and prosecution of those responsible for 14 February 2005 assassination of Rafic Hariri, the former Lebanese prime minister, and the deaths of 21 others, as well as those responsible for connected attacks.
The Völkerstrafgesetzbuch, abbreviated VStGB, is a German law that regulates crimes against (public) international law. It allows cases to be brought against suspects under international criminal law provisions, meaning that suspects can be prosecuted even though both they and their victims are foreigners and the crime itself took place abroad.
Rasim Delić was the chief of staff of the Bosnian Army. He was a career officer in the Yugoslav Army but left it during the breakup of Yugoslavia and was convicted of war crimes by the International Criminal Tribunal for the former Yugoslavia for failing to prevent and punish crimes committed by the El Mujahid unit under his command. He was sentenced to 3 years in prison.
Germain Katanga, also known as Simba, is a former leader of the Patriotic Resistance Force in Ituri (FRPI), an armed group in the Ituri Province of the Democratic Republic of the Congo (DRC). On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court (ICC) to stand trial on six counts of war crimes and three counts of crimes against humanity. The charges include murder, sexual slavery, rape, destruction of property, pillaging, willful killing, and directing crimes against civilians.
The Court of Bosnia and Herzegovina is the highest ordinary court of Bosnia and Herzegovina. It was established on 3 July 2002 by the Parliament of Bosnia and Herzegovina with the Law on the Court of BiH, promulgated on 12 November 2000 by the High Representative for Bosnia and Herzegovina.
Bahr Idriss Abu Garda is the leader of the United Resistance Front, a rebel group fighting against the Sudanese government in Darfur. He is a former commander of the Justice and Equality Movement.
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The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation. To date, arrest warrants have been issued for:
War crimes in the Syrian civil war have been numerous and serious. A United Nations report published in August 2014 stated that "the conduct of the warring parties in the Syrian Arab Republic has caused civilians immeasurable suffering". Another UN report released in 2015 stated that the war has been "characterized by a complete lack of adherence to the norms of international law" and that "civilians have borne the brunt of the suffering inflicted by the warring parties". Various countries have prosecuted several war criminals for a limited number of atrocities committed during the Syrian civil war.
Natalio Alberto Nisman was an Argentine lawyer who worked as a federal prosecutor, noted for being the chief investigator of the 1994 car bombing of a Jewish center in Buenos Aires, which killed 85 people, the worst terrorist attack in Argentina's history. On 18 January 2015, Nisman was found dead at his home in Buenos Aires, one day before he was scheduled to report on his findings before a Congress inquiry with supposedly incriminating evidence against high-ranking officials of the then-current Argentinian government including former president Cristina Fernández de Kirchner, regarding the Memorandum of understanding between Argentina and Iran.
International and national courts outside Syria have begun the prosecution of Syrian civil war criminals. War crimes perpetrated by the Syrian government or rebel groups include extermination, murder, rape or other forms of sexual violence, torture and imprisonment. "[A]ccountability for serious violations of international humanitarian law and human rights is central to achieving and maintaining durable peace in Syria", stated UN Under-Secretary-General Rosemary DiCarlo.
The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military or Hamas and other Palestinian armed groups since 13 June 2014.
Anwar Raslan is a Syrian former colonel who led a unit within Syria's General Intelligence Directorate. In January 2022, a German Higher Regional Court convicted him of crimes against humanity under universal jurisdiction. The specific charges against him were 4,000 counts of torture, 58 counts of murder, rape, and sexual coercion. His trial marked the first international war crimes case against a member of the Syrian government during the presidency of Bashar al-Assad.
The trial of Hamid Nouri, an Iranian official detained in Sweden, took place in November 2019. Nouri was found guilty of being a key figure in the 1988 executions of Iranian political prisoners, where according to different estimates between 2,800 to 30,000 Iranians were massacred. In early 2021 charges of murder and war crimes were filed against the former Iranian prosecutor, where Nouri was accused of "torture and inhuman treatment." The trial constituted the first time someone has been charged in relation to the 1988 massacre of political prisoners. Nouri was charged with more than 100 murders and "a serious crime against international law", and was expected to provide evidence implicating Ebrahim Raisi, president of Iran, at the time of the trial.
References
- ↑ "Ex-Syria officer appears before Swedish court in war crimes trial". Middle East Monitor. 16 April 2024.
- ↑ "Former Syrian general faces trial in Stockholm over alleged role in war crimes". Fox News. 15 April 2024.
- 1 2 3 "Top Syrian officer faces war crimes charges in Swedish court". Times of India. 15 April 2024.
- 1 2 3 Tanaka, Chisato; Olsen, Jan (15 April 2024). "The trial of a former Syrian general over alleged role in war crimes starts in Stockholm". The Associated Press.
- ↑ "Sweden launches war crimes trial against former Syrian officer". Al Jazeera. 15 April 2024.
- ↑ Tahir, Tariq (15 April 2024). "Syrian general's trial begins in Sweden". The National News.