The Swiss Supreme Court has made a final ruling in the case of Alieu Kosiah, a former commander of the United Liberation Movement of Liberia (ULIMO), upholding his 20-year prison sentence for atrocities committed during Liberia's civil war. The decision marks the first war crimes conviction handed down by a Swiss civilian court and the first conviction of a Liberian for war crimes committed during the country's two civil wars, which resulted in an estimated 250,000 deaths.
Kosiah was found guilty of various crimes committed in Lofa County between 1993 and 1995, including killing civilians, ordering their killing, rape, using a child soldier, ordering pillage, cruel treatment of civilians, and desecrating the body of a dead civilian through cannibalism. The Appeals Chamber of Switzerland's Federal Criminal Court had initially sentenced him to 150 years in prison for these crimes, but the sentence was reduced to 20 years, the maximum allowed under Swiss law.
In a partial victory for the defense, the Supreme Court acquitted Kosiah of crimes against humanity, a conviction that was added by the Appeals Chamber in 2023. The court ruled that the crimes against humanity provision, which was introduced into Swiss law in 2011, cannot be applied retroactively to acts committed between 1993 and 1995. This acquittal does not affect Kosiah's 20-year sentence or his expulsion from Switzerland once he has served it.
Lawyers representing the victims have welcomed the final conviction but expressed disappointment at the acquittal. Alain Werner, Director of Civitas Maxima, a Geneva-based group that represents victims in the case, stated that the survivors of Kosiah's crimes have finally achieved justice, but criticized the acquittal, arguing that the crimes committed in Lofa County during that period meet the definition of a crime against humanity.
Kosiah was arrested in November 2014 after Liberian victims filed a criminal complaint through their lawyers, and he has been in detention ever since. The case was built with the help of the Global Justice and Research Project (GJRP), a Liberian organization that has documented civil war crimes for over a decade. Together, Civitas Maxima and GJRP have contributed to six criminal trials in four countries linked to Liberia's civil wars, resulting in five convictions.
The ruling highlights Liberia's failure to try its own war criminals, with no war crimes trials having been held on Liberian soil more than two decades after the war ended. Liberia has committed to establishing a War and Economic Crimes Court, but it has yet to hear a case. GJRP Director Hassan Bility expressed gratitude to Swiss authorities for their commitment to the case but emphasized that justice should be delivered at home, stating that Liberians should not have to seek justice in Europe or the United States.
The case also underscores the widespread recruitment of child soldiers during the conflict, with over 21,000 children recruited by armed groups. The Liberian government has a responsibility to bring perpetrators to justice and provide reparations to victims. The Swiss court's decision serves as a reminder of the need for Liberia to take concrete steps towards accountability and justice for the atrocities committed during its civil wars.
Key points
- The Swiss Supreme Court upholds Alieu Kosiah's 20-year sentence for war crimes committed in Liberia's Lofa County during the civil war.
- Kosiah was acquitted of crimes against humanity due to the provision being introduced into Swiss law in 2011, which cannot be applied retroactively.
- The case highlights Liberia's failure to try its own war criminals, with no war crimes trials having been held on Liberian soil.
