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WAR CRIMES

Amnesty: ‘Sweden lax on war criminals’

Sweden has been strongly criticized by Amnesty International in a new report released on Tuesday. Amnesty has called on Sweden to end impunity from crimes such as torture, crimes against humanity and extrajudicial executions.

Sweden’s clear international profile in the fight against impunity from justice is not matched at home, Amnesty argues in a new report released on Tuesday.

“It is high time that Sweden, which is a leading country in fighting impunity for serious humanitarian rights breaches internationally, now amends Swedish law to adapt to the demands framed in international law,” writes Amnesty Sweden’s director-general Lisa Bergh on the organization’s homepage.

Amnesty wants Sweden to extend provisions under the international legal principle of universal jurisdiction, which permits states to charge and prosecute for serious crimes regardless of where they were committed.

Sweden’s universal jurisdiction legislation dates back to a 1923 Penal Code. Current legislation allows courts to exercise criminal jurisdiction over genocide and war crimes.

Amnesty wants legislation to be extended to cover: “crimes against humanity, torture, extrajudicial executions or enforced disappearances”.

The report cites “a reliable report” to claim that “up to 1,500 war criminals freely roam the streets of Sweden.”

Amnesty recognizes however that that the Swedish police have taken steps to work against Sweden becoming a safe haven for war criminals by founding a special war crimes unit, in March 2008.

But their work is hindered by the “serious gaps” in current legislation, the group argues.

Lisa Bergh argues that the Swedish government can do more and points out that more than six years after a proposal was presented in 2002 for a law implementing the Rome Statute of the International Criminal Court (Rome Statute), no proposal has yet been presented by the government to the Parliament.

“I believe that the issue has simply been given a lower priority. It is thought that demands have been met in certain areas, but we do not agree. It is not a question of party divisions and there already exists a legislative proposal for review,” Bergh says.

“If this is not adopted then Sweden risks becoming a haven for war criminals”, Amnesty International warns.

The principle of universal jurisdiction is a controversial principle in international law. Amnesty International has long been one of its proponents arguing that certain crimes are so serious that states have a logical and moral duty to prosecute.

Opponents, such as former US secretary of state Henry Kissinger, argue that universal jurisdiction is a breach on each state’s sovereignty.

Following the establishment of the International Criminal Court (ICC) in the Hague in 2002 the perceived need to create universal jurisdiction laws has declined. Although the ICC is not permitted to try crimes committed before 2002.

RWANDA

German court told to retry Rwandan convicted of war crimes

A mammoth case against a Rwandan man accused of masterminding massacres in eastern Democratic Republic of Congo from his home in Germany, will have to be reopened, Germany's highest penal court ruled Thursday, overturning his conviction.

German court told to retry Rwandan convicted of war crimes
Murwanashyaka during an MDR interview 10 years ago in November 2008. Photo: DPA

The Federal Court of Justice Thursday confirmed the verdict against Musoni. But it found that part of the case against Murwanashyaka was flawed – both in his favour and against.

“The guilty verdict is therefore to be completely annulled, even though the conviction of the accused as a leader of a terrorist organisation was without 
legal error per se,” said the court.

Murwanashyaka had been found guilty of abetting five attacks by FDLR rebels 
on Congolese settlements in 2008-2009.

But the court said the initial verdict by the higher regional court of Stuttgart did not sufficiently prove that Murwanashyaka's support of at least one of the attacks was premeditated.

The judges ordered the Stuttgart tribunal to take a fresh look at his role in all five attacks.

They also disagreed with the previous decision not to judge the accused for crimes against humanity as well as war crimes.

Musoni was allowed to go free after the ruling because he had already been in pre-trial jail for almost six years and, therefore qualified for conditional release for good behaviour. Murwanashyaka currently remains in jail.

The original verdict in the case, after a trial that lasted more than four years, was at the time hailed as a breakthrough by the United Nations in efforts to bring FDLR commanders living abroad to justice.

The two Rwandans, who have lived in Germany for more than 20 years, were 
initially accused of 26 counts of crimes against humanity and 39 counts of war  crimes.

But over time that was whittled down to charges related specifically to the killings, in part because the court decided not to further tax the vulnerability of traumatised rape victims or child soldiers by making them appear before the hearing.

The judge back then said the difficulties encountered by the prosecution in  the biggest such trial in Germany as well as the length of time the case took had been “unacceptable”.

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