Torture under the Assad regime

First criminal complaint on tortury by Syrian intelligence services

Syria – Torture – Military intelligence

The Syrian government led by president Bashar al-Assad is responsible for systematic and widespread torture targeting opponents and activists not only as a reaction to the protests in 2011. There are currently only a few avenues left to prosecute international crimes committed in Syria. One of them is the principle of universal jurisdiction which allows the German judiciary to become active and initiate first steps towards the road to justice without citizenship of the victims or perpetrators being a prerequisite.

Case

In March 2017, ECCHR together with seven Syrian torture survivors as well as the Syrian lawyers Anwar al-Bunni (Syrian Center for Legal Studies and Research) and Mazen Darwish (Syrian Center for Media and Freedom of Speech) submitted the first criminal complaint against six high-level officials of the Syrian Military Intelligence Service to the German Federal Prosecutor.

The German Federal Prosecutor responded promptly to the first criminal complaint. At the beginning of May 2017, the claimants gave witness evidence in Berlin. From the torture survivors’ perspective, this was an important for step to achieve justice.

Context

The criminal complaint targets six officials known by name and further unknown officials of the Syrian Military Intelligence Service. The claimants were tortured or witnessed torture in the prisons of the intelligence services.

The aim of this criminal complaint – the individual cases of which are exemplary for the system of torture under the Assad regime – is the issue of international arrest warrants and the beginning of investigations by the prosecutor’s office with respect to the persons identified as responsible for the committed crimes.

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Persons

Complainants' profiles: "They hit you with a cable and a kind of a pipe until you sign all of the accusations."

At the end of July 2014, W5 was arrested at a checkpoint in Damascus for her participation in peaceful demonstrations. She was detained in branch 227 for one month. Unlike other prisoners, W5 was placed in a single cell. "The interrogations took place in the corridor. During the first ten days I was repeatedly dragged out of the cell and forced to stand on one leg in the corridor for half an hour. Meanwhile I could hear how other prisoners were being tortured. It was a common practice of "psychological torture." I could hear it even from inside my cell," said W5. The chief of the prison repeatedly ordered officers to drag the prisoners out of their cells to beat them with a green pipe or a hard plastic tube or to abuse them with a cable ("fira"). On the 13th day of her detention, W5 was beaten during an interrogation with the repeated use of a hand and a hard plastic tube. She remembers that it lasted for about ten hours. W5 was allowed to use the bathroom three times a day. While there she had to stand and look at the ground. One day she heard a rattle and turned around. "There was a man lying, he was covered and the blanket was covered in blood. His face was yellow; one could only see his bones." She asked the guard, who was accompanying her to the bathroom, to allow her to give him some water. As a result the guard punished her and prohibited her to use the bathroom for two days. "Furthermore they brought that man into my cell, and I was forced to watch how they were beating him." One day W5 glanced into a large male-only cell. Later, the chief of the prison dragged her to that cell. "There were a hundred people crouching on the floor in bright light. They were emaciated and shaven, their faces were yellow." W5 saw a 15-year old boy among the men and the oldest prisoner was approximately 80 years old. After her mother paid one million Syrian pounds as a first payment for her release, W5 was first transferred to branch 235 for one month and subsequently to Adra female prison for another month. Each time, her dossier was forwarded to the relevant prison. According to this dossier, she was accused of funding terrorists, supply of weapons, and participation in combat. Finally, W5 was brought before the Counter-Terrorism Court and acquitted, after the court usher was given a second bribery payment by her mother. However, she had to return to Adra prison because the Political Security Directorate was looking for her. She saw her mother for the last time there. W5's cell in Adra prison was as big as an office desk, and it was completely dark inside. "No one interrogated me anymore. No one wanted anything from me anymore." 15 days later she was finally released at the end of November 2014.

W1 was arrested in April 2015 for the following reasons: he hosted an internal refugee in his house, distributed UN aid supplies and published a newspaper article that was critical of Assad. He was accompanying his son, who was going to Lebanon, when the border control arrested him. An employee of branch 235 (which, according to W1, is known as the "branch of death") transferred him to Damascus. "When we arrived in Damascus, I was brought to the first basement-level. There, all of my personal belongings were taken away. Then I was brought to another basement level, where I had to undress myself naked – and stay so until I was released," said W1. "I had to stand in a row with other prisoners facing the wall. I lost track of time, but I assume that I had to stand there for almost 24 hours. Every time I leaned against the wall, the guards slammed me immediately. At some point I lost consciousness." Later, he was brought into a cell. "I stayed in this cell throughout the whole period of my detention. The cell was four by eight meters in size. It was pitch-dark, one could not see anything. The stink was horrible. We were 91 men." Many prisoners were seriously ill, W1 told ECCHR. "Many had skin diseases and abscesses, but had no energy to scare away the rats that abounded in the cell and gnawed on prisoners' wounds." There was nothing to drink or to eat. "There were people dying around me. Their bodies stayed up to three days in our cell until the guards would bring them away." Beginning on the fourth day of his imprisonment, W1 was tortured with electroshocks every day until he lost consciousness. In addition, the guards slammed the back of his head using a hard object, while exposing him to electric shocks. From the ninth day of the interrogations onward, he did not see anything, did not hear anything, and did not know anything. 13 days later, he was suddenly released. "I was so weak that two guards had to bring me out of the cell. Then, they gave me a glass of sugared water and literally threw me out of the prison." He later discovered that a colleague of his wife used personal connections he had with the chief of the prison to assist with his release.

W8 was originally detained in his home town in the south-west of Syria in November 2012, after meeting three activists in a friend's flat and printing flyers about Assad's violent oppression against the population. Later, when they left the house, the police were already waiting and transferred them to the branch of the local Military Intelligence Service. W8 was detained there for ten days, threatened with a life sentence and subsequently released. In June 2013, he was arrested by a border official at the border with Lebanon, because his name was on the list of people wanted by branch 235 of the Military Intelligence Service. W8 was detained in a small border prison overnight and transferred to branch 235 in Damascus the next morning. While in detention, he was called 17/8 (Prisoner 17 from the cell no. 8), W8 told ECCHR. "The cell was located in the basement of branch 235 and was approximately seven by four meters in size. At first we were 86 prisoners, later 112. In the daytime, the prisoners were standing pressed together, in the nighttime we were sleeping on top of each other. There was always someone to suffer bruises or other injuries. Given the constant physical contact among the prisoners and the lack of air and light, skin diseases spread rapidly." W8 was tortured while being interrogated about his activities as an activist. "The guard kicked and hit me heavily, sometimes with a plastic tube. And he pushed my head against the wall." He was blindfolded throughout the entire process. W8 was forced to reveal the names of other activists, to match them with the numbers on his phone and to sign different papers without reading them beforehand. Two months later, W8 was brought before a Military Court. He explained to the judge that all of his confessions were obtained under torture. This explanation was made in vain: he was brought to a military prison in Khabun for the last night. "The conditions of this prison were even worse than those of branch 235. It was the hell," said W8. In September 2014, W8 was given a type of permission that allowed him to leave Syria within 14 days. If he returned to Syria, he would be brought back to branch 235. After that, he left his homeland.

W3 was arrested for the first time in Damascus in August 2011 and detained for two weeks. He was accused of carrying a weapon at a demonstration and passing on pictures taken at the demonstration to the TV-channel Al Jazeera. In December 2011, he was arrested for the second time for participation in a demonstration in Damascus and detained in branch 215. During the arrest he was tied with cable straps, while his t-shirt was pulled over his head so that he could hardly see anything. "After we had arrived in prison, I and another 20 prisoners were forced to go upstairs to the sixth storey. The guards, who were standing along the stairs, hit us randomly. Some guards used wooden sticks, others used belt buckles or sawn-off plastic tubes. A few guards hit us with a stun gun. Whereby my glasses fell and were trampled down by another prisoner," said W3. Then, the prisoners had to stand in the corridor facing the wall. "We were blindfolded and beaten by the guards with all kinds of objects on our backs. Almost two hours later, we were brought back to a cell. We had to undress ourselves naked there and were subsequently searched." While detained in branch 215, W3 shared his four by two meter large cell with almost 30 other prisoners. He stayed there for six days and was interrogated twice. "They hit you with a cable and a kind of a pipe until you sign all of the accusations." After 28 days of detention, W3 was transferred to a military prison in Khaboun. Two days later, he was released under the large-scale amnesty arranged by Bashar al-Assad.

Since the beginning of the revolution in Syria, W7 has been politically active, participated in demonstrations and hosted internal refugees. In December 2011, she attended a meeting with eight (of 15) members of her "Coordination Team" in a café in Damascus. Syrian security forces stormed the café, arrested W7 and other activists and brought them to branch 215. Once there, a prison guard forced her to undress herself and touched her in intimate places. "After this humiliating body search, I was brought into a cell, which was 3,5 by 6,5 meters in size. Twenty people were temporarily hosted in this cell, including a 14 year old girl with her mother as well as two 17 year old young women, who were on their own," said W7. She stayed in this cell for 33 days. During the interrogations at branch 215, W7 was insulted as a "whore" and her friend from the opposition movement was referred to as her pimp. She was accused of having had a "jihad-al-nikah" (intercourse with several men belonging to the Free Syrian Army). In addition, officers threatened to check whether or not she was a virgin, and to hang her naked in a hall full of men. Unlike her cell mates, W7 was slapped in her face only once (during her last interrogation) and was never exposed to torture with electroshocks or other instruments that were commonly used in branch 215. For a long time she could not explain this privileged treatment. "After a while I knew the reason: the officer, who had been interrogating me throughout the whole period, proposed marriage to me." 33 days later, W7 was brought to Adra prison, where she was detained for another month. Finally she was brought before a judge who found her guilty for her political activities. Her parents bribed a staff member of the court, and W7 was subsequently released.

Mazen Darwish (43) ist ein syrischer Rechtsanwalt, Journalist und Präsident des Syrian Center for Media and Freedom of Speech (SCM), das er 2004 in Damaskus gegründet hat. Die Organisation dokumentierte zahlreiche Verletzungen der Presse- und Meinungsfreiheit sowie die Arbeitsbedingungen von Journalist*innen und unterstützte Medienschaffende bei Streitigkeiten mit den Behörden. Eine offizielle Registrierung der Organisation wurde von der Regierung untersagt, dennoch arbeitete sie weiter im Untergrund.

Aufgrund seiner Arbeit wurde Darwish mehrfach verhaftet, unter anderem im April 2008, nachdem er und sein Kolleg*innen über Aufstände in Adra, einer Stadt in der Nähe von Damaskus berichtet haben. Darwish wurde wegen "Diffamierung und Verunglimpfung der staatlichen Autorität" zu zehn Tagen Haft verurteilt. Nach Beginn der friedlichen Massenproteste gegen Präsident Baschar al-Assad im Frühjahr 2011 dokumentierte das SCM unter anderem die Namen von verhafteten, "verschwundenen" und getöteten Aktivist*innen.

2012 ehrte Reporter ohne Grenzen Darwish für seinen Einsatz als Journalist des Jahres. Im Februar 2012 wurden bei einer Geheimdienstrazzia in den Räumen des SCM in Damaskus vierzehn Menschen verhaftet, unter ihnen auch Darwish und seine Frau: "Ich wurde nach meiner Verhaftung in verschiedene geheime Militärgefängnisse gebracht, immer wieder wurde ich von einem in das nächste Foltergefängnis gebracht", sagte Darwish in einem Interview mit DIE ZEIT. Die Zustände in den Folterzentren beschreibt er als "katastrophal", neben der mangelnden Hygiene und dem Platzmangel beschreibt er die Foltermethoden: Elektroschocks, Aufhängen an den Händen, Schläge und Schlafentzug. Für die Freilassung der SCM-Mitarbeiter*innen setzten sich mehr als 70 Menschenrechtsorganisationen jahrelang ein. Auch die UN-Vollversammlung und das Europaparlament forderten ihre Freilassung.

Im August 2015, nach dreieinhalb Jahren Haft, wurde Darwish unter der Bedingung freigelassen, ein Monat später vor dem Anti-Terror-Gericht in Damaskus erneut zu erscheinen. Am 31. August entschied das Gericht, dass die Fälle von Darwish und seiner Mitangeklagten unter eine im Jahr 2014 verkündete Amnestie fielen. Außerdem wies der Richter den zentralen Vorwurf der Unterstützung des Terrorismus ausdrücklich ab. Darwish, der die Methoden und Zustände in syrischen Gefängnissen am eigenen Leib erlebt hatte, sagte gegenüber dem ECCHR: "Folter war kein Einzelfall in den Gefängnissen Assads, vielmehr wurde sie systematisch eingesetzt".

Als ein wichtiger Zeuge der Geschehnisse in Syrien engagiert sich Darwish weiterhin für die Gerechtigkeit in seinem Land. Er ist einer der acht Anzeigeerstatter*innen in der Strafanzeige gegen hochrangige Mitarbeiter des syrischen Geheimdiensts, die das ECCHR gemeinsamem mit Folterüberlebenden und dem Rechtsanwalt Anwar al-Bunni aus Syrien am 1. März 2017 beim Generalbundesanwalt in Karlsruhe eingereicht hat.

Anwar al-Bunni ist ein bekannter syrischer Menschenrechtsanwalt. Er ist einer der Gründer der Human Rights Association Syria (HRAS) und des Zentrums für die Verteidigung von Journalisten und politischen Gefangenen, dem Syrian Center for Legal Studies and Research (SCLSR).

Als Rechtsanwalt verteidigte Al-Bunni viele Menschenrechtsakvist*innen und Personen, die infolge der Proteste in den Jahren 2000/01 in Damaskus wegen ihrer politischen Position verfolgt und verhaftet wurden. Aufgrund seiner Arbeit wurde Al-Bunni ebenfalls Ziel repressiver Maßnahmen. Er selbst und auch Mitglieder seiner Familie wurden systematisch bedroht, verfolgt und von den Behörden diffamiert. Die Anwaltskammer in Damaskus schloss Al-Bunni mehrmals aus.

Im Mai 2006 wurden Al-Bunni und eine Reihe anderer Menschenrechtsaktivist*innen verhaftet, nachdem sie die sogenannte Beirut-Damaskus-Erklärung unterzeichnet hatten. In der Erklärung riefen 274 libanesische und syrische Intellektuelle zu einer Normalisierung der Beziehungen zwischen den beiden Staaten auf. In der Untersuchungshaft wurde er mehrfach, unter anderem von den Gefängniswärtern, gefoltert. Nach einem Verfahren, das nicht den internationalen Standards entsprach wurde, Al-Bunni im April 2007 wegen "Verbreitung staatsgefährdender Falschinformationen" zu fünf Jahren Haft verurteilt. Damals war er bereits fast ein Jahr in dem berüchtigten Adra-Gefängnis bei Damaskus.

"Es ist ein Wunder, dass ich noch lebe", sagte Al-Bunni dem ECCHR. Er sei nicht mit den anderen politischen Gefangenen, sondern mit den Nichtpolitischen eingesperrt gewesen. Regimetreue Häftlinge hätten eines Tages versucht, ihn von einem Balkon aus dem zweiten Stock zu stürzen. Er habe diesen Angriff nur durch die Hilfe anderer Mitgefangener überlebt.

Im Mai 2011 wurde Al-Bunni entlassen. Heute lebt er in Berlin. 2008 erhielt er den Front Line Defenders Award für Menschenrechtsverteidiger in Gefahr, im selben Jahr zeichnete ihn der Deutsche Richterbund mit dem Menschenrechtspreis aus.

Anwar al-Bunni ist einer der acht Anzeigeerstatter*innen in der Strafanzeige gegen hochrangige Mitarbeiter des syrischen Geheimdiensts, die das ECCHR gemeinsamem mit Folterüberlebenden und dem Rechtsanwalt Mazen Darwish aus Syrien am 1. März 2017 beim Generalbundesanwalt in Karlsruhe eingereicht hat. Er hofft auf ein klares Signal aus Karlsruhe: "Das Verfahren in Deutschland zeigt den Verantwortlichen in Syrien, dass sie nicht ungestraft davon kommen werden. Für die Opfer ist es ein deutliches Signal der Hoffnung auf Gerechtigkeit."

Background

Q&A: Legal background of the criminal complaint on Syrian torture cases filed in Germany.

Serious crimes affect the international community as a whole and must not go unpunished. It is therefore also the responsibility of national jurisdictions in third countries such as Germany to investigate and prosecute serious crimes in Syria. 

The German Code of Crimes Against International Law (CCAIL), which entered into force in 2002 and was reformed in 2024, enables German courts to prosecute international crimes committed in Syria. Through the CCAIL, Germany adapted its national criminal code to the standards of international criminal law, in particular those established by the Rome Statute of the ICC. 

The principle of universal jurisdiction enshrined in the CCAIL constitutes the legal basis for the prosecution of genocide, crimes against humanity, and war crimes by German courts. According to the CCAIL, the Federal Public Prosecutor (GBA) can investigate international crimes, even if they were committed outside of Germany. This means that jurisdiction of the courts is independent from the location of the crime, as well as from the nationality of its victim or perpetrator. 

Since 2011, the Federal Public Prosecutor has been conducting several person-specific investigations into the crimes committed in Syria, as well as a structural investigation, which addresses larger clusters of crimes in the country beyond individual cases. The series of criminal complaints on torture in Syria, which ECCHR has filed together with almost 100 Syrian torture survivors, relatives, activists and lawyers in Germany, Austria, Sweden and Norway since 2017, also have contributed to the investigations. These investigations were the basis for the so-called al-Khatib trial, the first trial worldwide on state torture in Syria.

In the German legal system, a criminal complaint is technically a means of reporting an assessment of facts (an alleged criminal offense). It is then the task of the investigating authorities to identify the suspects who may be responsible for the offense. 

The criminal complaints that ECCHR has filed together with the complainants from Syria concern, among other things, the crime of systematic torture in detention centers run by the Syrian secret services and military police. Systematic torture qualifies as a war crime and a crime against humanity under the Code of Crimes Against International Law.

The complaints are directed against numerous known and unknown members of the Syrian military intelligence services and the Syrian government, who are presumed to be responsible for the crimes reported.

Even though high-ranking members of the regime have been convicted – in some cases in absentia (France) – numerous other suspects continue to live undisturbed. We want to change this with our renewed criminal complaint, filed together with our partner organization Caesar Families Association (CFA). 

As President and Commander-in-Chief of the Armed Forces of the Syrian Arab Republic, Bashar al-Assad is at the top of the pyramid of the military command chain. He has supreme control over the actions of all security and military institutions, including the four Syrian intelligence services, the Ministry of Defense and the National Security Bureau. This means that President Assad is undoubtedly responsible for crimes committed by these institutions.

As acting head of state, Assad is protected from prosecution in national courts of third countries. In Germany, he is granted international immunity ratione personae in accordance with Section 20 (2) GVG and Article 25 GG. This means that no criminal proceedings can currently be brought against him. Nevertheless, the GBA is also collecting evidence of possible crimes committed by Assad within the context of the structural investigation proceedings. These findings can be used when he is no longer president or if the ICC or a special tribunal on the Syrian conflict one day brings charges against Assad.

However, in May 2024, a Paris court of appeal decided to uphold a (French) arrest warrant against Bashar al-Assad. In the corresponding proceedings, Assad is to be held accountable for the use of chemical weapons against his own population. The Paris court considered such an act to be outside the purview of a head of state’s activities and denied him immunity in this case. 

Our criminal complaints are based on the testimonies of family members of disappeared persons, who, at great personal risk, have been searching for their relatives – among them numerous women, as well as men – in various “branches” (detention centers) of the Syrian secret services and military police. In addition, the photos and metadata of the Caesar photographs are of unique value for possible investigations.

In addition to the statements of those affected, publicly available documents and reports serve as sources for this criminal complaint. Many of the crimes in Syria, including torture, have been carefully documented over the years by international and Syrian human rights organizations. Taken as a whole, the statements of survivors and witnesses, official documents, and pictures of victims and crime scenes prove that the Syrian regime is guilty of systematic crimes against humanity and war crimes. The Koblenz Higher Regional Court arrived at the same conclusion in the al-Khatib trial. The verdicts against Eyad A. and Anwar R. are now legally binding.

Arrest warrants against those responsible for systematic repression and torture under Assad would be an important signal for survivors, relatives of those affected, and those still detained in the prisons of the Assad regime.

The fact that the German Federal Prosecutor opened investigations focusing on Jamil Hassan as a specific Syrian officials concerning international crimes in Syria, and the Federal Court of Justice (Bundesgerichtshof) issued an international arrest warrant, is a milestone and represents an important step towards ending impunity for torture in Syria.

Like Jamil Hassan, most of the high-ranking officials responsible for torture and other human rights violations in Syria still live in the country. But if they are subject to an international arrest warrant and were to travel outside Syria, they can be arrested and extradited to Germany. Germany could then file charges and open criminal proceedings.

The case of the Chilean dictator Augusto Pinochet shows that international arrest warrants against high-profile politicians and military figures are possible and effective. In 1998, the Spanish investigative judge Baltasar Garzón issued an international arrest warrant against Pinochet for genocide and other crimes. While Pinochet was visiting London, he was arrested by Scotland Yard and his extradition to Spain was approved by the then Home Secretary Jack Straw. The Chilean government negotiated that he be freed on humanitarian grounds, but Pinochet's arrest in London ultimately triggered a broader process of legal reckoning with the crimes of the dictatorship in Chile.

Absolute impunity continues to prevail in Syria, with no prospect of prosecuting perpetrators from the ranks of the Assad regime in the foreseeable future.

Under the Rome Statute of the International Criminal Court (ICC), international criminal justice fundamentally has the power to bring war crimes, crimes against humanity, and genocide before this same court in The Hague. However, there is currently little chance that the crimes in Syria will be prosecuted by the ICC. This is due to the fact that the court cannot take action because, on the one hand, Syria is not a state party to the Rome Statute and, on the other, Russia is blocking a referral to the ICC by the UN Security Council.

Nonetheless, the UN Human Rights Council has set up an independent commission of inquiry into Syria. The investigators have been collecting evidence against all parties to the conflict for more than 12 years. They conduct their work in the neighboring states of Lebanon, Jordan, Iraq and Turkey. The information provided by the UN Commission is indispensable for any future legal assessment of the situation in Syria.

In December 2016, the UN General Assembly also initiated the “International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of those Responsible for the Most Serious Crimes under the International Law Committed in the Syrian Arab Republic since March 2011,” or IIIM for short.

In cases of criminal prosecution in a third country, a criminal complaint is often the first step toward an investigation. A complaint is intended to draw the attention of the Federal Prosecutor’s Office (GBA) to a specific situation or act which, in the view of the complainant, constitutes a criminal offense – i.e. it may be a crime.

The GBA is already investigating, collecting and securing evidence in various structural proceedings concerning Syria. In person-specific proceedings, however, the focus is mostly on low-ranking perpetrators, as they can often be found in Europe and, thus, be brought to justice. With ECCHR's criminal complaints, the aim is to get the GBA to investigate specific individuals who hold or have held leading positions in the Syrian secret services and military police, and obtain arrest warrants for them from the Federal Court of Justice.

In May 2018, this approach was successful. The Federal Court of Justice (BGH) issued an international arrest warrant against Jamil Hassan, who until July 2019 was head of the Syrian Air Force Intelligence Service.

In order to address the systematic and widespread human rights violations in Syria, further legal interventions must follow – against the Assad government, against transnational corporations, against the states that intervene militarily in the conflict, and against armed groups such as IS.

Without justice for those affected by the crimes in Syria, there will be no political solution to the conflict. Legally addressing human rights crimes is indispensable. It is also of lasting significance in the establishment of a constitutional and democratic society in the aftermath of the war in Syria.

Topics for potential further legal action include the supply of conventional weapons, other armaments, or surveillance technology to the parties to the conflict, as well as targeted sexual violence against women and the use of chemical weapons in Syria.

The primary goal of submitting criminal complaints is to initiate further person-related investigations, which will legally address the described crimes in a dignified way.

The investigations initiated by the Federal Public Prosecutor in 2011 were an important first step. Seven years later, however, it is time to take further steps: the German judiciary should not focus on low-rank perpetrators, but must investigate the acts of those officials who bear the actual responsibility for the crimes. Even though those officials are still in Syria, certain steps can be taken, e.g. by issuing international arrest warrants like the one for Jamil Hassan. To take these steps, the Federal Public Prosecutor and the Courts should be given additional resources by the state. There is a growing need for educated investigators and better protection for witnesses.

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Definition

Crimes against humanity

Crimes against humanity are grave violations of international law carried out against a civilian population in a systematic or widespread way.

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Crimes against humanity

Crimes against humanity – defined as a systematic attack on a civilian population – tend to be planned or at least condoned by state authorities: heads of government, senior officials or military leaders. In some cases, companies also play a direct or indirect role in their perpetration.

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