Photo : REUTERS\Thomas Frey
20 January 2022, Wednesday | NIAS Europe Daily Brief #103
IN FOCUS
By Ashwin Dhanabalan
Germany's conviction of a former Syrian Colonel: Implications
Raslan's conviction
On 13 January, a German court in Koblenz sentenced former Syrian Colonel Anwar Raslan to life imprisonment for crimes against humanity in Syria between 2011-2012. The ruling was considered a landmark judgment as it was the world's first trial that prosecuted state-sponsored torture in the country under the Bashar al-Assad regime. Raslan was caught in Germany while he was among other Syrian refugees who remembered him from the prison called Branch 251 in the capital of Damascus.
He was found guilty on 27 counts of murder, rape, and sexual assault. His case is also a first of its kind as it led to the implication of a former high-ranking Syrian officer while the Assad regime is still in power. Spokesperson for the Delegation of the EU to Syria said: "This verdict is part of the first trial worldwide on state-sponsored torture in Syria and an important step towards the fight against impunity and to secure justice and accountability in Syria."
Principle of Universal Jurisdiction
Under the law, grave crimes that involve human rights violations, war crimes, genocide, and torture can be prosecuted anywhere around the world. States may act to protect against these crimes as the issues can gravely affect the international community or the international order itself. As defined by The International Justice Resource Center, the principle also revolves around the concept of the Responsibility to Protect, which promotes the idea that the international community has a responsibility to assist a State in fulfilling its primary responsibility of protecting the lives and wellbeing of those within its territory.
The conviction also highlighted the limitations of international organizations and the restricted options left for victims to seek justice. The concept of the principle of universal jurisdiction goes back to the Nuremberg trials. A well-known case example of the principle is the Attorney General v. Adolf Eichmann.
Role of national courts
Syria is not a signatory party to the International Criminal Court (ICC) in Hague; thus, it restricts the principles from being applied to the country. Apart from that, even if the case was suggested to the ICC by the UN Security Council (UNSC) , it would be blocked by allies of the Assad regime, Russia and China. Russia and China have been traditional allies of the government and prevent any ruling against the government in the UNSC using their right to veto.
UN High Commissioner for Human Rights Michelle Bachelet hailed the court's decision and said: "This is a clear example of how national courts can and should fill accountability gaps for such crimes wherever they were committed." The conviction would encourage national courts to step up to play decisive roles for crimes against humanity.
Germany as a harbinger of justice
Germany has always played a significant role in upholding the legal principle. Since the country has adopted the legislation recognizing the relevant crimes and authorizing their prosecution domestically, it has been a ray of hope to prosecute cases such as that of Raslan. Syrian opposition and rebel groups also praised Germany's verdict on Raslan but called for justice against more senior targets. Syrian Front for Liberation's party head Mustafa Sejari said: "Justice begins by holding and pursuing Assad and his top henchmen, aides, and supporters of his crimes."
The case is a first as it holds accountable a government in power that has been accused of crimes against humanity. Germany also used universal jurisdiction to intervene in matters of the Yazidis genocide in Iraq by members of the Islamic State, the crimes committed in the Democratic Republic of Congo, Rwanda, and now against the Assad regime.
References:
Erol Dogrudogan and Joseph Nasr, "Ex-officer jailed for Syrian war crimes after landmark German trial," Reuters, 14 January 2022.
"Syria: Statement by the Spokesperson on Anwar Raslan's conviction of crimes against humanity," European External Action Service, 14 January 2022.
Katrin Bennhold, "Former Syrian Colonel Guilty in War Crimes Trial in Germany," The New York Times, 13 January 2022.
Ben Hubbard and Katrin Bennhold, "Murder, Torture, Rape: A Landmark Conviction on State Violence in Syria," The New York Times, 13 January 2022.
"Universal Jurisdiction," International Justice Resource Center.
IN BRIEF
By Joeana Cera Matthews and Padmashree Anandhan
FINLAND
Prime Minister Marin: Membership application to NATO “very unlikely”
On 19 January, Finnish Prime Minister Sanna Marin stated that the country applying for membership to NATO was “very unlikely”. During the interview with Reuters, she commented on the support Finland would provide via imposing sanctions on Russia if it were to escalate tensions. She said: “It would have a very substantial impact and the sanctions would be extremely tough.” Further stating the possibility of joining NATO in the future, Marin maintained: “Nobody can influence us, not the United States, not Russia, not anyone else.” She added that discussions on NATO would grow in years to come. (“Finland's PM says NATO membership is "very unlikely" on her watch,” Reuters, 20 January 2022)
REGIONAL
Poland: European Commission blocks funds to Poland over coal mine issue
On 19 January, the European Commission blocked the funds for Poland as the country’s leaders refused to pay the legal fines put on Turow coal mine. The European Court of Justice (ECJ) had ordered the mine which is located near the border of the Czech Republic to be closed down as it is found to be polluting the nearby Czech villages. Poland has refused to close down the mine citing it would adversely affect their economy. As per the ECJ it has levied a fine of EUR 500,000 per day on Poland continuing to operate the mine. Warsaw had also stated that the issue does not come under the purview of the EU and it cannot ask the country to close down the mine. (“EU to withhold funds for Poland over Turow coal mine,” Deutsche Welle, 19 January 2022)
COVID-19
The Netherlands: Cultural sector carries out creative protests in museums and concert halls
On 19 January, the culture sector in the Netherlands protested against the COVID-19 rules. While the cultural centers were asked to remain closed due to the fear of the spread of infection by the government, salons and gyms were allowed to stay open during the lockdown. This move prompted the cultural sector to open up museums and concert halls, where a part of the area was allotted for haircuts, yoga sessions, and manicures. Meanwhile, artists also performed Symphony in some historic venues such as the Concertgebouw and the Van Gogh Museum. According to the Van Gogh Museum Director Emilie Gordenker: “I understand that the government has opened gyms but... you need a mental gym, too, and a museum is a place where people are increasingly coming to find a little depth or reason for their life.” (“Dutch museums open as salons to protest COVID rules,” Deutsche Welle, 19 January 2022)
SCIENCE AND TECHNOLOGY
Telegram refuses to cooperate over investigation of a death threat post on its app
On 19 January, Germany warned Telegram of imposing tougher rules to restrict its operations . Recently, members of Germany's Querdenker protest movement, also called the “lateral thinkers,” posted a death threat to Manuela Schwesig via the Telegram messaging app. Schwesig is the Premier of the eastern state of Mecklenburg-Western Pomerania. The caption of the post read: “She will be taken away … either by a patrol car or by a hearse, but she will be taken away.” German authorities were not able to proceed with their investigation as Telegram refused to cooperate. This act has pushed the German government to threaten the app on imposing fine and tougher measures. (“Germany takes on Telegram to fight extremism,” Deutsche Welle, 19 January 2022)
INTERNATIONAL
World Economic Forum: Scholz comments on Ukraine-Russia tensions
On 19 January, German Chancellor Olaf Scholz virtually attended the third day of the World Economic Forum (WEF) being held remotely in Davos. Deutsche Welle reported Scholz expressing Germany’s “clear commitment to the territorial integrity of Ukraine”. He stated: “The Russian side is aware of our determination. I hope it is also aware that the benefits of cooperation are significantly higher than the price of further confrontation.” Scholz added that “borders must not be moved by force". The chancellor also commented on the COVID-19 situation, saying: “Without a truly global immunization campaign, we will soon run out of letters in the Greek alphabet to name new virus variants.” This is the second year the WEF is being held online. (“Davos: Germany's Olaf Scholz says silence on Ukraine is not an option,” Deutsche Welle, 19 January 2022)
Ukraine: Antony Blinken visits Kyiv amid rising tensions
On 19 January, US Secretary of State Antony Blinken visited Kyiv and met with Ukrainian President Volodymyr Zelenskyy. He stated that the visit confirmed the US’ absolute support as Ukraine’s “security, its prosperity, its democracy, its fundamental right to exist as a sovereign independent nation” were being threatened by Russia. He commented: “Moscow has systematically sought to weaken Ukraine's democratic institutions, as well as to divide Ukrainian society using everything from election interference to disinformation to cyberattacks.” Blinken reiterated that the two countries had to remain united in their efforts against Russian attempts to divide them. He added that the Kremlin was acting with "no provocation, no reason," and said requested them to undertake a “peaceful path”. Blinken is expected to meet Russian Foreign Minister Sergei Lavrov in Geneva on 21 January. (“Ukraine faces ′unprecedented challenge from Russia,′ say US top diplomat,” Deutsche Welle, 19 January 2022)
Biden comments on Ukraine-Russia border standoff; says Putin “has to do something”
On 19 January, US President Joe Biden commented on the Russian military build-up along the Ukrainian border during a press conference. He stated: “This is not all just a cakewalk for Russia militarily… They’ll pay a stiff price, immediately, short-term, medium-term and long-term if they do it.” Predicting Russian President Vladimir Putin’s intentions, Biden said: “I’m not so sure he is certain what he’s going to do. My guess is he will move in. He has to do something.” Regarding the response to a Russian invasion, Biden added: “What you’re going to see is that Russia will be held accountable if it invades and it depends on what it does. It’s one thing if it’s a minor incursion, and then we end up having to fight about what to do and not do etc… There are differences in Nato as to what countries are willing to do, depending on what happens.” Meanwhile, Ukrainian Foreign Minister Dmytro Kuleba maintained that his Russian counterpart Sergei Lavrov was “avoiding” him. (Luke Harding, Andrew Roth and Julian Borger, “Joe Biden thinks Russia will attack Ukraine – but will face a 'stiff price',” The Guardian, 20 January 2022)