Syria’s Assad regime on trial in Europe

Wafa Mustafa is one of many Syrians still looking for relatives missing since a brutal government crackdown on dissent began in 2011. (Thomas Lohnes/AFP)
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Updated 10 January 2022
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Syria’s Assad regime on trial in Europe

  • Germany has used the principle of universal jurisdiction, which allows a foreign country to prosecute crimes against humanity

PARIS: A growing number of cases are being brought in Europe, and especially Germany, against loyalists of Syrian President Bashar Assad’s regime on accusations of state-sponsored torture.
In the latest case, a court in the German city of Koblenz is set on Thursday to rule on the case of former Syrian intelligence agent, Anwar Raslan, who is accused of crimes against humanity, for which prosecutors are demanding a life sentence.
In February 2021, the court jailed a lower-ranking former Syrian intelligence agent, Eyad Al-Gharib, for being an accomplice to crimes against humanity in the world’s first prosecution over the abuses.
Here is a snapshot of the cases:
Germany has used the principle of universal jurisdiction, which allows a foreign country to prosecute crimes against humanity, including war crimes and genocide, regardless of where they were committed, after receiving complaints from Syrians who claim to have been tortured in regime jails.
In March 2017, seven Syrian torture survivors and a human rights group filed a criminal complaint in Germany against Syrian secret service officials.
Later that year nearly 27,000 photos taken by a former Syrian military photographer known as Caesar, who documented torture and death in regime jails, were also turned over to German courts, according to German rights group ECCHR.
In November 2017, the ECCHR announced that two new complaints for crimes against humanity and war crimes had been filed by 13 Syrians over alleged acts of torture.
Seven other Syrian men and women who claimed to have suffered or witnessed rape and sexual abuse in Assad’s detention centers also submitted a complaint to German prosecutors, the group revealed in June 2020.
They named nine senior government and air force intelligence officials, including top Syrian intelligence officer Jamil Hassan, already the subject of an international arrest notice.
The trial of a Syrian doctor accused of torture, murder and crimes against humanity is due to start in Frankfurt on January 19.
In September 2015, a Paris prosecutor opened a preliminary inquiry against Assad’s regime for crimes against humanity over allegations of abduction and torture.
The following July the family of a Syrian doctor who died in a government prison lodged a complaint in Paris over his torture and murder
Another French court opened an investigation in 2016 into the disappearance of Mazen Dabbagh and his son Patrick, two French-Syrian nationals who had been arrested in Syria three years earlier.
France issued its first international arrest notices for Syrian intelligence officials in 2018 for “complicity in acts of torture” related to the case as well as “complicity in crimes against humanity” and “complicity in war crimes.”
The warrants were for National Security Bureau director Ali Mamluk, Air Force Intelligence chief Jamil Hassan and Abdel Salam Mahmoud, who was in charge of the Damascus branch of the Air Force Intelligence investigative branch.
In April 2021, three NGOs that had lodged civil complaints managed to get a probe opened into chemical attacks in 2013 blamed on the Syrian government. The case, already filed in Germany, was lodged on behalf of victims of the 2013 attack and a 2017 attack using sarin gas.
In December 2021, a Franco-Syrian man was jailed, suspected of providing material to the Syrian army which could be used to make chemical weapons.
It is the first time that someone had been found charged in France with supporting Assad’s troops, judicial officials said.
In July 2017, a Spanish court rejected a complaint filed by a Spanish woman of Syrian origin against nine Syrian government officials over the forced detention, torture and alleged execution of her brother in 2013.
Legal proceedings have also been launched in Austria, Norway and Sweden which was in 2017 the first country to sentence a former soldier for war crimes.
In Sweden, four NGOs lodged a complaint in April 2021 against Assad and several top officials after two chemical attacks in 2013 and 2017.
In 2016, the United Nations set up its International, Impartial and Independent Mechanism, which is preparing war crimes charges against individuals over the Syrian conflict.
Since April 20 the body has been gathering evidence for use in possible future trials.


Rafah incursion would put hundreds of thousands of lives at risk, UN aid agency says

Updated 8 sec ago
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Rafah incursion would put hundreds of thousands of lives at risk, UN aid agency says

  • Leaders internationally have urged Israeli Prime Minister Benjamin Netanyahu to be cautious
  • US Defense Secretary Lloyd Austin said any US response to such an incursion would be up to President Joe Biden

GAZA: The United Nations humanitarian aid agency says hundreds of thousands of people would be “at imminent risk of death” if Israel carries out a military assault in the southern Gaza city of Rafah.

The city has become critical for humanitarian aid and is highly concentrated with displaced Palestinians.

Leaders internationally have urged Israeli Prime Minister Benjamin Netanyahu to be cautious about any incursion into Rafah, where seven people — mostly children — were killed overnight in an Israeli airstrike.

On Thursday, US Defense Secretary Lloyd Austin said any US response to such an incursion would be up to President Joe Biden, but that currently, “conditions are not favorable to any kind of operation.”

Turkiye’s trade minister said Friday that its new trade ban on Israel was in response to “the deterioration and aggravation of the situation in Rafah.”

The Israel-Hamas war has driven around 80 percent of Gaza’s population of 2.3 million from their homes, caused vast destruction in several towns and cities, and pushed northern Gaza to the brink of famine.

The death toll in Gaza has soared to more than 34,500 people, according to local health officials, and the territory’s entire population has been driven into a humanitarian catastrophe.

The war began Oct. 7 when Hamas attacked southern Israel, abducting about 250 people and killing around 1,200, mostly civilians. Israel says militants still hold around 100 hostages and the remains of more than 30 others.

Dozens of people demonstrated Thursday night outside Israel’s military headquarters in Tel Aviv, demanding a deal to release the hostages. Meanwhile, Hamas said it would send a delegation to Cairo as soon as possible to keep working on ceasefire talks. A leaked truce proposal hints at compromises by both sides after months of talks languishing in a stalemate.

Across the US, tent encampments and demonstrations against the Israel-Hamas war have spread across university campuses.

More than 2,000 protesters have been arrested over the past two weeks as students rally against the war’s death toll and call for universities to separate themselves from any companies that are advancing Israel’s military efforts in Gaza.


Iraqi militant group claims missile attack on Tel Aviv targets, source says

Updated 26 min ago
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Iraqi militant group claims missile attack on Tel Aviv targets, source says

  • The attack was carried out with multiple Arqub-type cruise missiles

BAGHDAD: The Islamic Resistance in Iraq, a group of Iran-backed armed groups, launched multiple attacks on Israel using cruise missiles on Thursday, a source in the group said.
The source told Reuters the attack was carried out with multiple Arqub-type cruise missiles and targeted the Israeli city of Tel Aviv for the first time.
The Islamic Resistance in Iraq has claimed dozens of rockets and drone attacks on US forces in Iraq and Syria and on targets in Israel in the more than six months since the Israel-Hamas war erupted on Oct. 7.
Israel has not publicly commented on the attacks claimed by Iraqi armed groups.


15 pro-government Syrian fighters killed in Daesh attacks: monitor

Updated 03 May 2024
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15 pro-government Syrian fighters killed in Daesh attacks: monitor

  • It is the latest attack of its kind by remnants of the jihadists

BEIRUT: Daesh group militants killed at least 15 Syrian pro-government fighters on Friday after they attacked three military positions in the Syrian desert, a war monitor said.
It is the latest attack of its kind by remnants of the jihadists.
They “attacked three military sites belonging to regime forces and fighters loyal to them... in the eastern Homs countryside, triggering armed clashes... and killing 15” pro-government fighters, the British-based Syrian Observatory for Human Rights said.
Daesh overran large swathes of Syria and Iraq in 2014, proclaiming a so-called caliphate and launching a reign of terror.
It was defeated territorially in Syria in 2019, but its remnants continue to carry out deadly attacks, particularly against pro-government forces and Kurdish-led fighters in the vast desert.
Daesh remnants are also active in neighboring Iraq.
Last month, Daesh fighters killed 28 Syrian soldiers and affiliated pro-government forces in two attacks on government-held areas of Syria, the Observatory said.
Many were members of the Quds Brigade, a group comprising Palestinian fighters that has received support from Damascus ally Moscow in recent years, according to the Observatory, which has a network of sources inside Syria.
In one of those attacks, the jihadists fired on a military bus in eastern Homs province, the Observatory said at the time.
Separately, six Syrian soldiers died in an Daesh attack against a base in eastern Syria, it added.
Syria’s war has claimed the lives of more than half a million people and displaced millions more since it erupted in March 2011 with Damascus’s brutal repression of anti-government protests.
It then pulled in foreign powers, militias and jihadists.
In late March, Daesh militants “executed” eight Syrian soldiers after an ambush, the monitor said at that time.
The jihadists also target people hunting desert truffles, a delicacy which can fetch high prices in the war-battered economy.
The Observatory in March said Daesh had killed at least 11 truffle hunters by detonating a bomb as their car passed in the desert of Raqqa province in northern Syria.
In separate unrest in the country, Syria’s defense ministry earlier on Friday said eight soldiers had been injured in Israeli air strikes near Damascus.
The Observatory said Israel had struck a government building in the Damascus countryside that has been used by Lebanon’s Iran-backed Hezbollah group since 2014.
The Israeli military has carried out hundreds of strikes in Syria since the outbreak of Syria’s civil war, mainly targeting army positions and Iran-backed fighters.


Prominent Gaza doctor killed by torture in Israeli detention

Updated 03 May 2024
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Prominent Gaza doctor killed by torture in Israeli detention

  • Al-Bursh died in Ofer Prison, an Israeli-run incarceration facility in the West Bank, says the Palestinian Prisoners Society

GAZA: Adnan Al-Bursh, a Palestinian surgeon and former head of orthopedics at Gaza’s Al-Shifa medical complex, was killed on April 19 under torture in Israeli detention.

According to a statement from the Palestinian Prisoners Society, Al-Bursh, 50, died in Ofer Prison, an Israeli-run incarceration facility in the West Bank.

His body remains held by the Israeli authorities, according to the Palestinian Civil Affairs Committee.

The Palestinian Prisoners Society described the doctor’s death in Israeli custody as “assassination.”

Al-Bursh, who was a prominent surgeon in Gaza’s largest hospital Al-Shifa, was reportedly working at Al-Awada Hospital in the northern Gaza Strip when he was arrested by Israeli forces.

The Israeli prison service declared Al-Bursh dead on April 19, claiming the doctor was detained for “national security reasons.”

However, the prison’s statement did not provide details on the cause of death. A prison service spokesperson said the incident was being investigated.

Francesca Albanese, the UN special rapporteur on the occupied Palestinian territories, said on Thursday she was “extremely alarmed” at the death of the Palestinian surgeon.

“I urge the diplomatic community to intervene with concrete measures to protect Palestinians. No Palestinian is safe under Israel’s occupation today,” she wrote on X.

Since Oct. 7, when Israel launched its retaliatory bombing campaign in the Gaza Strip, the Israeli military has carried out over 435 attacks on healthcare facilities in the besieged Palestinian enclave, killing at least 484 medical staff, according to UN figures.

However, the health authority in Gaza said in a statement that Al-Bursh’s death has raised the number of healthcare workers killed in the ongoing onslaught on the strip to 496.

Palestinian prisoner organizations report that the Israeli army has detained more than 8,000 Palestinians from the West Bank alone since Oct. 7. Of those, 280 are women and at least 540 are children.


ICC prosecutor calls for end to intimidation of staff, statement says

Updated 03 May 2024
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ICC prosecutor calls for end to intimidation of staff, statement says

  • The ICC prosecutor’s office said all attempts to impede, intimidate or improperly influence its officials must cease immediately
  • The statement followed Israeli and American criticism of the ICC’s investigation into alleged war crimes committed during the Israel-Hamas conflict in Gaza

AMSTERDAM: The International Criminal Court’s prosecutor’s office called on Friday for an end to what it called intimidation of its staff, saying such threats could constitute an offense against the world’s permanent war crimes court.
In the statement posted on social media platform X, the ICC prosecutor’s office said all attempts to impede, intimidate or improperly influence its officials must cease immediately. It added that the Rome Statute, which outlines the ICC’s structure and areas of jurisdiction, prohibits these actions.
The statement, which named no specific cases, followed Israeli and American criticism of the ICC’s investigation into alleged war crimes committed during the Israel-Hamas conflict in the Gaza Strip, a Palestinian enclave.
Neither Israel nor its main ally the US are members of the court, and do not recognize its jurisdiction over the Palestinian territories. The court can prosecute individuals for alleged war crimes, crimes against humanity and genocide.
Last week Israel voiced concern that the ICC could be preparing to issue arrest warrants for government officials on charges related to the conduct of its war against Hamas in Gaza.
Foreign Minister Israel Katz said Israel expected the ICC to “refrain from issuing arrest warrants against senior Israeli political and security officials,” adding: “We will not bow our heads or be deterred and will continue to fight.”
On Friday, Israeli Prime Minister Benjamin Netanyahu said any ICC decisions would not affect Israel’s actions but would set a dangerous precedent.
In October, ICC Chief Prosecutor Karim Khan said it had jurisdiction over any potential war crimes committed by Hamas fighters in Israel and by Israeli forces in Gaza, which has been ruled by Hamas since 2007.
A White House spokesperson said on Monday the ICC had no jurisdiction “in this situation, and we do not support its investigation.”