International Criminal Law: Rifaat AL ASSAD to stand trial before the Federal Criminal Court
Bern, 12.03.2024 - On 11 March 2024, the Office of the Attorney General of Switzerland referred the former Vice-President of the Syrian Arab Republic and former officer of the Syrian army, Rifaat AL ASSAD, to the Federal Criminal Court for trial on charges of war crimes and crimes against humanity. The accused is charged with ordering homicides, acts of torture, cruel treatments and illegal detentions in Syria in February 1982, in his capacity as commander of the defence brigades (Saraya al Difaa in Arabic) and commander of operations in Hama, within the context of the armed conflict and the widespread and systematic attack launched against the population of the city of Hama.
The Office of the Attorney General of Switzerland (OAG) submitted an indictment to the Federal Criminal Court (FCC) for facts that took place during the month of February 1982 in the city of Hama and within the context of the armed conflict between the Syrian Armed Forces and the Islamist opposition.
Historical context
According to the indictment of the OAG, the armed conflict between the Syrian Armed Forces and the Islamist opposition, in particular including the armed faction of the Muslim Brotherhood called ‘Fighting Vanguard of the Muslim Brotherhood’, caused between 3,000 and 60,000 deaths in the city of Hama, according to estimates. A majority of these deaths were civilians. Starting at the beginning of February 1982, the Syrian security forces were deployed in Hama to suppress an insurrection of the Islamist opposition. The operation allegedly ended at the end of the same month. The defence brigades (Saraya al Difaa) were purportedly the main forces in charge of the suppression. In this context, several thousands of civilians were allegedly victims of different abuses, ranging from immediate execution to detention and torture in specifically-created centres, according to several testimonies.
Initiation of criminal investigations against AL ASSAD
Following a complaint by the non-governmental organisation TRIAL International, the OAG initiated criminal proceedings in December 2013 for war crimes against Rifaat AL ASSAD, former commander of the defence brigades (Saraya al Difaa) and Vice-President of the Syrian Arab Republic between 1984 and 1998, on suspected war crimes, carried out in his capacity as commander of operations in Hama in February 1982. The criminal proceedings were initiated under the principle of universal jurisdiction and non-applicability of statutory limitations to war crimes. In this context, a police control established that the accused was present in Swiss territory when the investigation was initiated. Several victims filed civil complainnts within the OAG’s criminal proceeding.
The facts of the indictment
In its indictment, the OAG accuses Rifaat AL ASSAD of ordering several violations of the laws of war to be committed and, in particular, ordering the troops under his command to scour the city of Hama and execute its inhabitants in the month of February 1982, in his role as responsible for operations in Hama and commander of the defence brigades (Saraya al Difaa). In this context, the accused was allegedly involved in homicides, acts of torture, cruel treatments and illegal detentions committed during the military operation in Hama. The aforementioned facts constitute a violation of the laws of war according to Article 109 para. 1 of the Military Criminal Code (MCC) in the version that was in force at the time of the facts, as per Article 108 para. 2 MCC in addition to common Article 3 of the Geneva Conventions. The homicides that the accused is being charged with can also be characterised as crimes against humanity (Art. 264a para. 1 let. a Swiss Criminal Code).
The OAG will present its conclusions during the hearing before the FCC in Bellinzona. The accused will be entitled to the presumption of innocence until the entry into force of the decision. Once the indictment is submitted, the FCC has jurisdiction for additional information.
Original version of the text in French
The prosecution of crimes under international criminal law in Switzerland before 2011
Under the former Military Criminal Code (MCC), a war crime has been a criminal offence in Switzerland since 1968, regardless of where it takes place and the nationality of the offender or the victim. Article 109 of the former MCC expressly makes an offence of violating the provisions of international agreements on warfare, the protection of persons and property, and other recognised laws and customs of war. Common Article 3 of the Geneva Conventions provides that, in the event of an armed conflict that is not of an international character that occurs on the territory of one of the High Contracting Parties, each party to the conflict is bound to apply certain provisions; accordingly, violence to life or person, and the cruel treatment and torture of persons who are not directly involved in the hostilities, are prohibited. Switzerland ratified the Geneva Conventions on 31 March 1950 and the Syrian Arab Republic on 2 November 1953.
Address for enquiries
Communications Service of the Office of the Attorney General of Switzerland, T +41 58 464 32 40, info@ba.admin.ch
Publisher
Office of the Attorney General of Switzerland
http://www.ba.admin.ch/