IPNEWS: The conviction of a former Liberia rebel commander for wartime atrocities in Liberia by a French court is a milestone in delivering justice for victims, and for France\u2019s efforts to hold those responsible for grave crimes to account, Amnesty International France, International Federation for Human Rights (FIDH), and Human Rights Watch said today.<\/p>\n

The Paris Criminal Court delivered its judgment for complicity in crimes against humanity, and responsibility as a direct perpetrator for torture and \u201cbarbaric acts\u201d in the trial of Kunti Kamara, also known as Kunti K., or CO Kunti, on November 2, 2022. He is a former member of the rebel group United Liberation Movement of Liberia for Democracy (ULIMO), active during Liberia\u2019s first civil war.\u00a0The judges sentenced him to life imprisonment. Both the prosecution and defense have 10 days to appeal the decision. A hearing\u00a0to examine the civil parties’ claim for compensation followed.<\/p>\n

than 25 years later, the French court\u2019s verdict is a ray of hope that justice is possible for the victims in Liberia,\u201d said Elise Keppler, associate international justice director at Human Rights Watch. \u201cThe \u201cMore Liberian government should stop dragging its feet and request the UN, US, African Union, and other international partners to assist in setting up a war crimes\u00a0court so more people implicated in crimes during the civil war can be held to account.\u201d<\/p>\n

During the trial, which lasted just under four weeks, witnesses described\u00a0killings, rape, beatings, forced labor, and torture by ULIMO members. Some victims identified Kamara as physically involved in committing the crimes. Additional witnesses testified to the context in Liberia and to the psychological state of some of the other witnesses who testified to the crimes.<\/p>\n

Kamara\u2019s trial in person in France was possible because\u00a0the country\u2019s laws\u00a0recognize universal jurisdiction\u00a0over certain serious crimes under international law, allowing for the prosecution of these crimes no matter where they were committed and regardless of the nationality of the suspects or victims. The trial was the first of its kind in France involving grave crimes committed abroad that was not linked to the Rwandan genocide.<\/p>\n

Convictions for war crimes, crimes against humanity, or torture during Liberia\u2019s civil war era have been rare. Alieu Kosiah\u00a0was convicted in Switzerland for war crimes in 2021, and the judgment is currently on appeal, and Charles \u201cChuckie\u201d Taylor, Jr., son of the Liberian leader during that era, was convicted in the United States for torture in 2008. Kosiah was brought from Switzerland\u00a0to France to testify in the Kunti Kamara trial.<\/p>\n

Liberia has not attempted to prosecute a single serious crime\u00a0among the widespread and systematic violations\u00a0of international human rights and humanitarian law committed by all parties during Liberia\u2019s civil wars. Charles Taylor was tried only for crimes in neighboring Sierra Leone by the UN-backed Special Court for Sierra Leone.<\/p>\n

Kamara was arrested in 2018, after the organization Civitas Maxima brought his case to the attention of French authorities. After two years of investigation, including a two-week fact-finding mission in Lofa County, northwest Liberia, where he allegedly led the local ULIMO faction, the French prosecutor accused him of various crimes. A question-and-answer document\u00a0issued on October 5 offers more information on the trial and how it is situated in the context of Liberia\u2019s civil wars and France\u2019s use of universal jurisdiction.<\/p>\n

\u201cThis trial on atrocities in Liberia is an important example of how France\u2019s universal jurisdiction can offer a path for justice to victims,\u201d said Jeanne Sulzer, head of the International Justice Commission at Amnesty International France. \u201cWitnesses described extraordinary brutality for which Kunti Kamara was found guilty,\u00a0including killings, rape, and torture.\u201d<\/p>\n

The use of universal jurisdiction in France is, however, restricted\u00a0by several legal barriers, the groups said. These include the requirement that the accused must have \u201chabitual residence\u201d in France and that the crimes, even if prohibited under international law, must be explicitly punishable under the criminal law of the country where they were committed, except in genocide cases. In addition, unlike for other crimes in France, the Public Prosecutor\u2019s Office has discretion over whether to prosecute, and French prosecutors must verify whether any national or international court has asserted jurisdiction before opening an investigation.<\/p>\n

In contrast to Kamara\u2019s case, a November 2021 decision\u00a0by France\u2019s Cassation Court\u00a0annulled Syrian crimes against humanity case because Syrian law does not explicitly criminalize crimes against humanity. The decision sparked renewed calls for reforms from civil society organizations\u00a0and justice experts in France, including the Public Prosecutor\u2019s Office. In light of these debates, the Cassation Court is expected to hold a hearing\u00a0and issue a decision on the application of the restrictions in the coming months. Decision makers have indicated that the court\u2019s ruling could help inform possible legislative reforms.<\/p>\n

\u201cThe limitations on France\u2019s universal jurisdiction laws are restricting access to justice for victims of the most serious crimes,\u201d said Cl\u00e9mence Bectarte, lawyer and coordinator of the FIDH Litigation Action Group. \u201cFrench authorities should bring their universal jurisdiction laws in line with their commitments to the fight against impunity for international crimes.\u201d Courtesy of www.hrw.org<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

IPNEWS: The conviction of a former Liberia rebel commander for wartime atrocities in Liberia by a French court is a milestone in delivering justice for victims, and for France\u2019s efforts to hold those responsible for grave crimes to account, Amnesty International France, International Federation for Human Rights (FIDH), and Human Rights Watch said today. The …<\/p>\n

France: Conviction for Atrocities in Liberia Hopeful Sign for Justice for Civil War-Era Crimes<\/span> Read More »<\/a><\/p>\n","protected":false},"author":2,"featured_media":31679,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"default","ast-global-header-display":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","footnotes":""},"categories":[24,4,5],"tags":[],"class_list":["post-31784","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-crime-watch","category-news","category-politics"],"yoast_head":"\n