Crimes against humanity are grave violations of international law committed as part of a widespread or systematic attack on a civilian population. Crimes against humanity are part of the core crimes against international law and are subject to universal jurisdiction. Crimes against humanity can include acts such as murder, extermination, enslavement and deportation.
Crimes against humanity
When a country is governed by an authoritarian regime, civil society is almost always placed under immense pressure. This was also the case in The Gambia from 1994 until 2017 during the rule of Yahya Jammeh. His armed security forces generated an atmosphere of fear, in which critical voices, along with civil society in general, were systematically intimidated. Journalists critical of the regime were arrested, while human rights defenders were persecuted, and LGBTQ individuals were threatened and tortured.
Repression
The systematic repression of the Belarusian population qualifies as a crime against humanity. In Germany, the Federal Public Prosecutor can act on the basis of the principle of universal jurisdiction when violations of international law have been committed.
Military dictatorship
Germany must not be a safe haven for those who commit dictatorship crimes. The former Argentine military officer Luis K is wanted in Argentina for his involvement in crimes against humanity during the country’s military dictatorship (1976-83). As a German citizen, he cannot be extradited. However, the German judiciary may well investigate and prosecute him.
Military dictatorship
In October 2010, ECCHR, along with Theo van Boven filed two amicus curiae briefs before Argentinean courts. The briefs support four different cases in the trials regarding sexualviolence in detention centers during the military dictatorship.
Military dictatorship
In the Mercedes Benz case ECCHR is assisting relatives of trade unionists who disappeared from a Mercedes Benz plant in Buenos Aires. A senior manager at the company stands accused of involvement in the disappearances and murders of trade union activists carried out by Argentine security forces.
Military dictatorship
In 2011, ECCHR submitted an amicus curiae brief in the criminal investigation examining sugar company Ledesma’s liability for human rights violations during the Argentine military dictatorship.
Arab Spring
ECCHR sent an advisory opinion to the Bahrain Independent Commission of Inquiry. The statement seeks to draw the commission’s attention to the cases of two persons who suffered severe injuries when they were shot at by Bahraini security forces before being forcibly removed from hospital, imprisoned, and abused.
Armed conflict
The Higher Regional Court in Stuttgart handed down convictions in the trial of two Rwandan leaders of the Hutu militia group FDLR, Ignace Murwanashyaka and Straton Musoni. The FDLR are alleged to have utilized sexualized violence against the Congolese civilian population and to have in numerous cases plundered, killed and inflicted grievous bodily injuries.
Armed conflict
ECCHR submitted a communication to the Office of the Prosecutor of the International Criminal Court requesting action on violence against trade unionists and human rights defenders in Colombia.
Armed conflict
General Padilla was General Commander of the Colombian Military Forces when the practice of “falsos positivos” escalated. He is presumably responsible for international crimes committed by his subordinates, he neither prevented nor punished the wrongdoers.
Trade unionists
ECCHR filed a criminal complaint against Nestlé and some of its top managers in 2012. The complaint accuses the managers of being in breach of their obligations by failing to prevent crimes of Colombian paramilitary groups and failing to adequately protect trade unionists from these crimes.
Armed conflict
The Colombian state is denying women the protection against sexual crimes and access to justice that it is obliged to guarantee under national and international law. In response, ECCHR has submitted a criminal complaint against Colombia to the International Criminal Court.
Repression
Death threats, telephone surveillance, kidnapping of family members – the Colombian government uses a range of means in its efforts to intimidate human rights defenders. Since 2012, ECCHR has researched and documented the brutal repression of trade unionists, environmental activists or community leaders in Colombia.
Franco dictatorship
The Spanish judiciary brought charges against judge Garzón, who declared his court competent to undertake preliminary investigations into the enforced disappearance, torture and execution during the Spanish Civil War and the Franco dictatorship. Garzón was acquitted of the charges later-on. It remains doubtful whether Spain is willing to independently adress the past atrocities.
Armed conflict
Since the final stage of the Sri Lankan civil war, ECCHR has been working to ensure that high-ranking military personnel and (former) members of the Sri Lankan government and security forces are prosecuted for their role in war crimes, crimes against humanity and sexual violence.
Armed conflict
Sri Lanka must comply with its international obligations in the fight against gender-based discrimination. The country should bring its law in line with the UN Convention on Women.
Torture
The Syrian government led by president Bashar al-Assad is responsible for systematic and widespread torture. This is why in March 2017, ECCHR, seven Syrian torture survivors and lawyers Anwar al-Bunni and Mazen Darwish submitted the first criminal complaint against high-level officials of the Syrian military intelligence service to the German Federal Prosecutor.
Torture
The group around the former Syrian military police employee “Caesar” took for the first legal action by filing together with ECCHR a criminal complaint against senior officials from the Syrian intelligence services and the military police concerning crimes against humanity and war crimes.
Torture
In Syria, the word Saydnaya has become a synonym for unimaginable torture, systematic degradation and mass executions. Together with four individuals who survived the torture in Saydnaya ECCHR has filed in Germany a criminal complaint against seven high-ranking Syrian military officials.
Torture
In November 2017, ECCHR and nine Syrian women and men filed a criminal complaint concerning crimes against humanity and war crimes with the German Federal Public Prosecutor. The complaint is directed against ten high-ranking officials of the National Security Office and Air Force Intelligence, among them Jamil Hassan, its former head.
Armed conflict
Eleven Syrian former employees of the French company Lafarge submitted a criminal complaint against Lafarge in 2016. By maintaining business relations with the terrorist group ISIS in Syria, the company may have contributed to the financing of the group, thereby making them complicit in war crimes and crimes against humanity.
Torture
The path to justice for war crimes and torture in Syria also leads through Europe. After Germany, Sweden and France, Austrian authorities have initiated investigations into the Syrian intelligence services’ role in systematic torture. This followed a criminal complaint submitted by 16 Syrians, ECCHR, and its partners to the public prosecutor in Vienna in May 2018.
Surveillance technology
The Syrian intelligence services have been collecting without cause information about political opponents, members of the opposition and human rights activists. Spying often goes hand in hand with torture. Software from Western corporations may have played a role in the surveillance. In order to address this, transnational investigations have to be initiated.
Torture
(Also) Sweden can play an important role in the fight against impunity for turture in Syria. This is why, in February 2019, nine torture survivors submitted a criminal complaint in Stockholm against senior officials in the government of Syrian President Bashar al-Assad – including for crimes against humanity.
Torture
The first trial worldwide on state torture in Syria started in Germany in April 2020. The main defendant was Anwar R, a former official at the General Intelligence Directorate in Syrian President Assad’s government.
Torture
In order to end impunity for state torture in Syria, five Syrian torture survivors filed a criminal complaint in November 2019 in Norway. The complaint is the next step in a series of criminal complaints against 17 high-ranking officials of Syrian President Bashar al-Assad's government that have been submitted in Germany, Austria and Sweden.
Sexual violence
German authorities must finally prosecute sexual and gender-based violence (SGBV) in Syrian detention centers for what it is: a crime against humanity. This is the aim of a criminal complaint that seven survivors of Bashar al-Assad’s torture system submitted in June 2020 to the German Federal Public Prosecutor in Karlsruhe.
Torture
Between 2004 and 2007, three complaints were filed in Germany and in France against members of the US Government, including former Secretary of Defense Donald Rumsfeld and members of the military forces in connection with war crimes, torture and other criminal acts in the military prisons of Guantánamo and Abu Ghraib.
Torture
In December 2005, Wolfgang Kaleck, founder and general secretary of ECCHR, filed a criminal complaint against former Uzbek minister of interior Zakir Almatov, the Uzbek head of secret service Rustan Inojatov, and others to the Federal Public Prosecutor on behalf of eight Uzbek citizens because of torture and crimes against humanity.
