Swiss Court Upholds 20-Year Sentence for Liberian Ex-Rebel Commander, Overturns Crimes Against Humanity Conviction

Switzerland’s Federal Supreme Court has upheld a 20-year prison sentence for Alieu Kosiah, a former Liberian rebel commander, while simultaneously overturning a conviction for crimes against humanity. The ruling, dated September 28 and published on Friday, addresses the verdict of the Federal Criminal Court concerning atrocities committed during Liberia’s first civil war.

In 2021, the Federal Criminal Court had found Kosiah, now 51, guilty of multiple war crimes. An appeals chamber in 2023 upheld his 20-year sentence and, for the first time in Swiss legal history, also ruled him guilty of crimes against humanity. However, the Federal Supreme Court reviewed the case and ultimately rejected Kosiah’s appeal against his conviction for violations of the laws of war between 1993 and 1995.

The court stated that 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, the court acquitted Kosiah of the charge of crimes against humanity, citing a strict application of the principle of non-retroactivity. Switzerland adheres to the principle of universal jurisdiction, enabling it to prosecute individuals suspected of international crimes regardless of where they occurred. The court noted that the charge of crimes against humanity, introduced into Swiss law in 2011, could not be applied to acts committed prior to that date.

Kosiah’s conviction for violating the law of war and the maximum 20-year custodial sentence remain in effect. Civitas Maxima, a Swiss organization dedicated to bringing perpetrators of international crimes to justice, highlighted that this decision finalizes the first war crimes conviction by a Swiss civilian court and the first conviction of a Liberian for war crimes committed during the country’s civil wars.

Alain Werner, director of Civitas Maxima and representative for victims in the case, expressed satisfaction with the final justice for survivors but also deep disappointment regarding the acquittal on crimes against humanity, stating, “What happened in Lofa between 1993 and 1995 is the very definition of a crime against humanity.” Crimes against humanity, like war crimes, encompass atrocities such as murder, torture, and rape, but are distinguished by being carried out in a widespread or systematic manner.

The original 2021 verdict detailed Kosiah’s guilt as commander of the United Liberation Movement of Liberia for Democracy rebel group. He was found responsible for ordering or participating in the killing of 17 civilians and two unarmed soldiers, as well as rape and the use of a child soldier. The verdict also included charges of looting, cruel and humiliating treatment of civilians, and mishandling of corpses.