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Swiss supreme court upholds Liberian ex-rebel commander’s 20-year sentence | Conflict News


Switzerland’s Federal Supreme Court on Friday upheld a 20-year prison sentence for Alieu Kosiah, a former commander in the Liberian civil war, while overturning a conviction for crimes against humanity.

Kosiah, 51, was originally convicted in 2021 by the Federal Criminal Court for multiple atrocities committed during Liberia’s first civil war, which lasted from 1989 to 1996 and resulted in approximately 250,000 deaths. In a landmark ruling for Switzerland, the appeals chamber had confirmed his 20-year sentence and also found him guilty of crimes against humanity in 2023.

The Supreme Court reviewed the case and issued its verdict on September 28, now made public. In its statement, the court noted it “rejected the appeal filed by a high-ranking Liberian military official challenging his conviction for violations of the laws of war committed between 1993 and 1995 during the first Liberian civil war.” However, it acquitted Kosiah of the crimes against humanity charge, citing the principle of non-retroactivity, which prevents the application of laws retroactively.

The court explained that crimes against humanity, which were incorporated into Swiss law in 2011, could not be applied to acts committed prior to that date. Nevertheless, Kosiah’s convictions for war crimes were upheld along with the maximum sentence imposed.

“This decision finalizes the first war crimes conviction ever presented by a Swiss civilian court and marks the first conviction of a Liberian for war crimes stemming from the country’s civil wars,” stated Civitas Maxima, a Swiss organization dedicated to seeking justice for international crimes.

Kosiah, who has lived in Switzerland since the late 1990s, was arrested in 2014. Alain Werner, the director of Civitas Maxima and representative for the victims, expressed satisfaction regarding the finality of justice for the survivors of Kosiah’s crimes, but conveyed disappointment over the acquittal on crimes against humanity.

War crimes and crimes against humanity refer to serious violations, including murder, torture, and rape. Crimes against humanity differ in that they involve widespread or systematic attacks against civilian populations.

In its initial verdict, the court found that Kosiah ordered or participated in the killings of 17 civilians and two unarmed soldiers, as well as the deployment of a child soldier. He was also found guilty of ordering looting and subjecting civilians to cruel and humiliating treatment, including mishandling corpses.

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