The trial of Alieu Kosiah for war crimes began on the 3 December in Switzerland. Kosiah faces a maximum possible sentence of 20 years for crimes committed while commanding a group of the armed faction ULIMO (United Liberation Movement of Liberia) during the First Liberian Civil War between 1989-1997. These charges include; “recruitment and use of child soldiers, forced transportation, looting, cruel treatment of civilians, murder (directly and by order), attempted murder, desecration of a corpse and rape”.
The charges were filed by Civitas Maxima, a Swiss NGO representing victims of war crimes and crimes against humanity, in conjunction with a Liberian organisation; Global Justice and Research Project (GJRP). It was the research of Civitas Maxima, finding Kosiah in Lake Geneva, which led to his arrest and this indictment.
The trial had already been postponed several times. A lawyer at Civitas Maxima, Alan Werner, tried to obtain another postponement due to the pandemic and even asked for a video broadcast of the hearing as many of his clients are unable to attend. Their absence has provoked concerns that they might be disadvantaged, as they are unable to make representations and their testimonies will not be heard until February 2021. Public Prosecutor Andreas Müller was sympathetic, acknowledging that their presence would be preferable, but the postponement was not granted.
KOSIAH DENIES CHARGES
Kosiah was arrested in Switzerland in 2014, where he has resided since 1997 and has permanent resident status. He has been held in custody for six years.
His lawyer, Dimitri Gianoli, told Reuters that, according to Kosiah, he had not yet arrived in Lofa, where the atrocities took place, at the time the crimes were committed. Kosiah argues that he was always very clear on his whereabouts in Liberia, and that this is reflected in testimonies collected in Switzerland, which are held within the court filings. However, there are dozens of witnesses in the case and thousands of pages of testimony to the contrary. Kosiah’s indictment came in March 2019, after the Swiss Office of the Attorney General heard testimony from more than 25 witnesses and victims. This first half of the court case dealt with preliminary matters and the hearing. It was scheduled to last until 11 December. The second half of the hearing, including the final plea hearing, is set to take place in February 2021. The hope is that this will allow for victims and witnesses to travel to Switzerland, which was not possible in December due to the pandemic.
INTERNATIONAL IMPLICATIONS
According to Human Rights Watch, Kosiah’s trial will mark several international milestones. To begin with, this will be the first case of war crimes tried in Switzerland in a non-military court, since a 2011 law giving jurisdiction to federal courts, recognising universal jurisdiction.
Universal jurisdiction allows for national courts to prosecute serious crimes against international law – for example, war crimes, as allegedly committed by Kosiah. It tends to be invoked when the State cannot rely on other bases of criminal jurisdiction in order to prosecute – in this case, though Kosiah currently resides and has citizenship in Switzerland, the crimes were not committed in Switzerland or against Swiss citizens.
The political will of Swiss authorities to undertake war crimes investigations has been called into question, due to the lack of cases since this law, amid claims that Switzerland’s war crimes unit is understaffed and underfunded, consequently not doing as much as it could be.
Kosiah will also be the first person to be tried for the Liberian conflict for crimes committed during the First Liberian Civil War. Liberia’s former president Charles Taylor was sentenced to 50 years imprisonment for war crimes in 2012. This was for crimes committed in the neighbouring territory of Sierra Leone but, he was never convicted for alleged crimes committed in Liberia. Human Rights Watch’s Balkees Jarah has claimed that “Liberians have repeatedly called for justice for civil-war-era crimes, but the Liberian government has failed to deliver”.
Even if justice is achieved for the victims, the underlying causes of the 1989 conflict – namely ethnic and economic disparities – remain unsolved in Liberian society. Former warlords still retain positions of power in Liberia – for example, Prince Johnson, the current Senior Senator for Nimba County in Liberia, was a former rebel, involved in the torture and execution of President Samuel Doe in the 1989-1997 conflict. As a consequence of former rebels like Johnson and Sekou Conneh holding offices and other prominent positions, witnesses have been reluctant to come forward.
George Weah, the current President of Liberia, has failed to create a war crimes court in Liberia, despite telling the UN he would establish one, and a recommendation by the Truth and Reconciliation Commission to do so.
However, there is still hope that this can change, or else that those responsible for atrocities as those allegedly caused by Kosiah will be held to account in other methods – such as under the principle of universal jurisdiction. Hassan Bility expressed optimism about the trial - “this trial gives hope to victims, to the survivors, gives voice to the dead.” He was a key player in the case, as a journalist and director of GJRP and as someone who collected evidence for the case and was himself tortured in the conflict.
Balkees Jarrah, associate international justice director at Human Rights Watch, hopes that this will encourage Swiss authorities to “ramp up their efforts to pursue additional atrocity cases against other suspects in Switzerland where there is credible evidence”. This may also encourage other countries to do the same, under the principle of universal jurisdiction, or else it may encourage the ICC to look further into more historic war crimes. However, the slow movement in this case – it took five years for 25 witnesses to be heard – is indicative of the current climate. Cases are often seen to be “too complex and unattractive” for the general public and as such, it may still take some time before more cases are brought to justice. It is thought that this trial may allow for more Liberian atrocities to be brought to justice, however – Bility claimed that “many parliamentarians running for the December 8 elections in Liberia have made [the establishment of war crimes court] a campaign issue because of the strong popular demand”.
Natalya is a third year Law student at the University of Manchester. Her goal after university is to become a solicitor, where she hopes to continue helping to bring human rights issues to light. While at university, she is working with the Innocence Project to appeal miscarriages of justice and will be working with the Legal Advice Centre in the coming year.