Former Syrian general acquitted of war crimes in Swedish court – JURIST

A Swedish court acquitted former Syrian general Mohammed Hamo on Thursday of charges related to his alleged involvement in war crimes in Syria in 2012. Hamo was accused of aiding and abetting a serious violation of international law.

Hamo deserted from the Syrian army in June 2012 and joined opposition forces fighting against the Syrian government. He was granted asylum in Sweden in 2015. In January 2024, Hamo was indicted as prosecutors alleged that he was responsible for Syrian army attacks in the cities of Homs and Hama that resulted in civilian casualties and damage to civilian property and constituted war crimes. Prosecutors alleged that Hamo, as head of the weapons department of the Syrian army’s 11th Division, was responsible for supplying the weapons used in these alleged war crimes.

Sweden is a signatory to the Geneva Conventions and the Rome Statute of the International Criminal Court. Swedish law provides for the enforceability of these conventions and enables the prosecution of persons accused of genocide, crimes against humanity and war crimes.

The court recognized the existence of a non-international armed conflict in Syria and found that indiscriminate attacks had occurred in areas such as Baba Amr in Homs and Al Rastan. However, the court found that there was insufficient evidence to link the 11th Division to the specific attacks. In addition, the evidence failed to prove that Hamo was directly involved in arming the military units involved in the violations. The court emphasized the lack of clear evidence linking Hamo to the alleged indiscriminate attacks, which led to his acquittal.

The ECCHR Berlin, a human rights organisation, described The verdict was “disappointing” for the survivors of the attacks.

Similar proceedings have been brought against Syrian militia leaders in the Netherlands and against high-ranking politicians and military officers in France. These proceedings are possible because of universal jurisdiction – the legal principle that allows a state to prosecute individuals for serious crimes such as genocide, war crimes and crimes against humanity, regardless of where the crime was committed or the nationality of the perpetrators or victims.

The Syrian conflict began in 2011 when protests against the regime of President Bashar al-Assad escalated into a full-scale civil war. The Syrian government, backed by Russia and Iran, fought against various rebel groups supported by the United States and its allies. The conflict involved multiple factions, including Kurdish forces and Islamist militants, and saw significant international intervention. Despite efforts to find a diplomatic solution, violence continues and has left over 600,000 dead and millions displaced, with the humanitarian situation remaining dire.