Switzerland's supreme court on Friday upheld the 20-year prison sentence of former Liberian rebel commander Alieu Kosiah for war crimes, but overturned a separate conviction for crimes against humanity, ruling the charge could not be applied retroactively to acts committed before it entered Swiss law in 2011.
The verdict, dated September 28 and published on Friday, rejected the appeal by Kosiah, now 51, against his 2021 conviction for atrocities committed during the first of Liberia's back-to-back civil wars, in which about 250,000 people died between 1989 and 2003. The court said it acquitted him on the crimes against humanity charge "based on a strict application of the principle of non-retroactivity."
The case marked the first war crimes conviction ever handed down by a Swiss civilian court, and the first conviction anywhere of a Liberian for war crimes committed during the country's civil wars, according to the Swiss organisation Civitas Maxima, which works to bring perpetrators of international crimes to justice. Kosiah settled in Switzerland in the late 1990s and was arrested in 2014.
The 2021 verdict found Kosiah, a former commander of the United Liberation Movement of Liberia for Democracy rebel group, guilty of ordering or participating in the killing of 17 civilians and two unarmed soldiers, as well as rape and the deployment of a child soldier. He had also ordered looting and repeatedly ordered, or had himself inflicted, cruel and humiliating treatment of civilians and mishandled corpses, according to the ruling.
Switzerland recognises the principle of universal jurisdiction, which allows it to prosecute individuals suspected of international crimes regardless of where they were committed. The supreme court said the offence of crimes against humanity, introduced into Swiss law in 2011, could not be applied to acts committed before then.
Civitas Maxima director Alain Werner, who represents victims in the case, said survivors now have "final justice" but expressed deep disappointment over the acquittal. "What happened in Lofa between 1993 and 1995 is the very definition of a crime against humanity," he said.
Analysis
Why this matters
- The ruling reinforces Switzerland's role in prosecuting international crimes under universal jurisdiction, setting a precedent for how Swiss courts handle atrocities committed abroad.
- The overturning of the crimes against humanity conviction highlights the limits of retroactive justice, a significant point for other countries and courts weighing similar cases.
- For Liberian war crimes survivors, the decision brings closure on the main conviction but leaves them disappointed that the broader charge did not stand.
Background
Switzerland's universal jurisdiction principle allows its courts to try individuals for international crimes no matter where those crimes occurred. The case against Kosiah, a former Liberian rebel commander, was the first such war crimes trial in a Swiss civilian court. His conviction was initially handed down in 2021, and an appeals chamber upheld the 20-year sentence in 2023 while also adding a crimes against humanity conviction, which the supreme court has now reversed.
Key perspectives
- Switzerland's supreme court: Rejected the appeal of the war crimes conviction and 20-year sentence, but acquitted Kosiah on crimes against humanity, citing the principle of non-retroactivity because the offence was only introduced into Swiss law in 2011.
- Civitas Maxima: Welcomed the final war crimes conviction, calling it a landmark for justice, but expressed deep disappointment at the acquittal, with director Alain Werner saying the events in Lofa between 1993 and 1995 are the very definition of a crime against humanity.
What to watch
- Whether Kosiah's legal team pursues any further appeals at international courts or seeks a review of the non-retroactivity interpretation.
- How Swiss authorities handle any pending or future universal jurisdiction cases, especially those involving crimes that predate the 2011 introduction of the crimes against humanity offence.
- Reactions from Liberian civil society and international human rights groups to the split verdict and its implications for other Liberian war crimes cases.
Checked
12 claims in this story checked against 1 source: 11 supported.
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- SupportedSwitzerland’s supreme court upheld Alieu Kosiah’s 20-year sentence for war crimes.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “Kosiah’s conviction for violating the law of war was upheld, as was the maximum 20-year custodial sentence imposed.”
- SupportedThe supreme court overturned Kosiah’s conviction for crimes against humanity.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “Switzerland’s supreme court upheld a 20-year jail sentence for former Liberian rebel commander Alieu Kosiah on Friday, but overturned a conviction for crimes against humanity.”
- SupportedThe court ruled that the crimes-against-humanity offence could not be applied to acts committed before it entered Swiss law in 2011.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The court said the offence of crimes against humanity – introduced into Swiss law in 2011 – could not be applied to acts committed before then.”
- SupportedThe verdict was dated September 28 and published on Friday.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “The Federal Supreme Court of Switzerland was asked to review the case, and its verdict, dated September 28, was published on Friday.”
- Partly supportedThe Supreme Court rejected Kosiah’s appeal against his 2021 conviction.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “In 2023, the court’s appeals chamber upheld his 20-year sentence for war crimes and, for the first time in Swiss history, also made a new ruling that Kosiah was guilty of crimes against humanity. The Federal Supreme Court of Switzerland was asked to review the case”
- SupportedThe court said it acquitted Kosiah on the crimes-against-humanity charge “based on a strict application of the principle of non-retroactivity.”Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““However, the court has acquitted the individual of the charge of crimes against humanity, based on a strict application of the principle of non-retroactivity.””
- SupportedThe Liberian civil wars lasted from 1989 to 2003 and killed about 250,000 people.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “In 2021, Switzerland’s Federal Criminal Court found Kosiah, now 51, guilty of multiple atrocities committed during the first of Liberia’s back-to-back civil wars, in which about 250,000 people died between 1989 and 2003.”
- SupportedCivitas Maxima said the case was the first war-crimes conviction ever handed down by a Swiss civilian court.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““The decision makes final the first war crimes conviction ever handed down by a Swiss civilian court, and the first conviction anywhere of a Liberian for war crimes committed during the country’s civil wars,” said the Swiss organisation Civitas Maxima”
- SupportedCivitas Maxima said it was the first conviction anywhere of a Liberian for war crimes committed during the country’s civil wars.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““The decision makes final the first war crimes conviction ever handed down by a Swiss civilian court, and the first conviction anywhere of a Liberian for war crimes committed during the country’s civil wars,” said the Swiss organisation Civitas Maxima”
- SupportedKosiah was found guilty of ordering or participating in the killing of 17 civilians and two unarmed soldiers, as well as rape and deploying a child soldier.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “He ordered or participated in the killing of 17 civilians and two unarmed soldiers, as well as rape and the deployment of a child soldier, the court ruled.”
- SupportedKosiah settled in Switzerland in the late 1990s and was arrested in 2014.Al Jazeera – Breaking News, World News and Video from Al Jazeera: “Kosiah settled in Switzerland in the late 1990s and was arrested in 2014.”
- SupportedAlain Werner said survivors had “final justice” and that he was deeply disappointed by the acquittal.Al Jazeera – Breaking News, World News and Video from Al Jazeera: ““Today the survivors of Alieu Kosiah’s crimes have final justice,” said Civitas Maxima director Alain Werner, who represents victims in the case. “We are, however, deeply disappointed by the acquittal on crimes against humanity.”