Alain Werner | |
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Born | Alain Werner 19 November 1972 |
Education | Geneva University, Columbia University |
Occupation | human rights lawyer |
Title | Founder of Civitas Maxima |
Alain Werner (born 19 November 1972) is a Swiss human rights lawyer, specialized in the defence of victims of armed conflicts, founder and director of Civitas Maxima (CM), an international network of lawyers and investigators based in Geneva that since 2012 represents victims of mass crimes in their attempts to obtain justice. [1]
He received his degree in law from Geneva University in 1996, and was admitted to the Bar of Geneva (Switzerland) in 1999. He received his masters (LL.M) at Columbia University in 2003. [2]
Werner worked in Freetown and in the Hague for five years (2003–2008) for the Office of the Prosecutor (OTP) of the Special Court for Sierra Leone (SCSL), prosecuting rebels of the Revolutionary United Front (RUF) and former Liberian President Charles Taylor. He was also a lawyer for the civil parties (victims) at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh on the "Kaing Guek Eav" a.k.a. "Duch" case from 2009 to 2010. Since 1998, he has also worked for Chadian victims of the former Chadian President Hissène Habré, and was the one of civil parties lawyers representing them in Habré's trial in Dakar from 2015 to 2017 at the Extraordinary African Chambers. In 2012, he founded Civitas Maxima in Geneva, Switzerland. [3]
Werner began studying law in Geneva under Professor Robert Roth (later Presiding Judge of the Special Tribunal for Lebanon) from 1993 to 1996 just as the discipline of international criminal law was emerging. He went on to complete his master's degree at Columbia University, after which he was accepted on a Swiss government program to work on international projects. The program took him to the Special Court for Sierra Leone (SCSL) in Freetown, Sierra Leone, where he became a Trial Attorney for the OTP of the SCSL in the team prosecuting three RUF commanders following the end of the conflict in 2002. He continued in the program for three years, being then hired directly by the SCSL-OTP as Trial Attorney. [4]
In 2006, former Liberian president Charles Taylor was arrested while in exile in Nigeria and handed over to the SCSL, which had previously indicted him. Werner joined the SCSL prosecution team led by Brenda Hollis and Nicholas Koumjian, gathering witness statements and other evidence, and appearing in Court. Taylor was eventually convicted and, following an unsuccessful appeal, was imprisoned in the UK for a term of 50 years. [5]
Between 2008 and 2017, alongside other projects, Werner worked for Reed Brody of Human Rights Watch on the case of the former President of Chad, Hissène Habré, and represented some of the victims for the two-year trial before the Extraordinary African Chambers in Dakar from 2015 to 2017.
In 2009, he was invited by Karim Khan QC to join a team working for the victims on the "Kaing Guek Eav" or "Duch" case, the first case heard at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This experience cemented Werner's focus on the importance of documentation and preservation of evidence.
From there he moved to London to the Aegis Trust, an organization dedicated to preventing genocide and mass atrocities worldwide. At Aegis he worked with Hassan Bility, a prominent Liberian journalist who had been arrested and tortured under the Taylor regime. Their focus was on crimes that had been committed in Liberia and on working with partners in Sierra Leone to obtain evidence on the trade by Western players of 'blood diamonds'
At that point, Werner decided to set out on his own network and, in September 2012, he founded Civitas Maxima, an organisation that focuses on the meticulous documentation of mass crimes, and pursuit of justice on behalf of the victims. [6]
Since its establishment in 2012, Civitas Maxima, working with its partners ( Global Justice and Research Project in Liberia and Center for Accountability and the Rule of Law in Sierra Leone) has built cases and contributed to the arrest of several individuals suspected of involvement in war crimes and crimes against humanity, collaborating with several different war crimes units, agents and/or prosecutors in Europe and the United States. [7] [8]
In April 2019 Werner was awarded the prize Bâtonnier Michel Halpérin for Excellence by the Geneva Bar Association. [9] In November 2020, he became an Ashoka fellow. Emilie Romon, co-director of Ashoka Switzerland, stated that : "We selected Alain Werner as a fellow because of his vision, creative solutions, impressive impact and strong ethical fiber. He identifies flaws in the system and finds new entrepreneurial ways to achieve his goals. He has the potential to transform the judiciary system and increase the efficiency of international justice." [10]
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens—that certain international law obligations are binding on all states.
Hissène Habré, also spelled Hissen Habré, was a Chadian politician and convicted war criminal who served as the 5th president of Chad from 1982 until he was deposed in 1990.
Charles McArthur Ghankay Taylor is a Liberian former politician and convicted war criminal who served as the 22nd president of Liberia from 2 August 1997 until his resignation on 11 August 2003 as a result of the Second Liberian Civil War and growing international pressure.
Samuel Sam Bockarie, widely known as Mosquito, was a Sierra Leonean politician and army commander who served as a leader of the Revolutionary United Front (RUF). Bockarie was infamous during the Sierra Leone Civil War for his brutal tactics, which included amputation, mutilation, and rape. He earned the nickname "Mosquito" for his ability to attack when his enemies were off-guard, mainly during the night. During his service in the RUF, he befriended future Liberian president Charles Taylor, and RUF commander Foday Sankoh. When Sankoh was imprisoned from March 1997 until April 1999, Bockarie served as commander of the RUF in his place.
The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War. The court's working language was English. The court listed offices in Freetown, The Hague, and New York City.
The Liberian Truth and Reconciliation Commission (TRC) is a Parliament-enacted organization created in May 2005 under the Transitional Government. The Commission worked throughout the first mandate of Ellen Johnson Sirleaf after she was elected President of Liberia in November 2005. The Liberian TRC came to a conclusion in 2010, filing a final report and recommending relevant actions by national authorities to ensure responsibility and reparations.
George Gelaga King was a judge in Sierra Leone, West Africa, and recently a justice of the Special Court for Sierra Leone.
The Extraordinary Chambers in the Courts of Cambodia, commonly known as the Cambodia Tribunal or Khmer Rouge Tribunal (សាលាក្ដីខ្មែរក្រហម), was a court established to try the senior leaders and the most responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. Although it was a national court, it was established as part of an agreement between the Royal Government of Cambodia and the United Nations, and its members included both local and foreign judges. It was considered a hybrid court, as the ECCC was created by the government in conjunction with the UN, but remained independent of them, with trials being held in Cambodia using Cambodian and international staff. The Cambodian court invited international participation in order to apply international standards.
Souleymane Guengueng is a Chadian torture victim and human rights activist, who was instrumental in bringing legal action against the former dictator Hissène Habré. He was born in 1952.
The Human Rights Data Analysis Group is a non-profit, non-partisan organization that applies rigorous science to the analysis of human rights violations around the world. It was founded in 1991 by Patrick Ball. The organization has published findings on conflicts in Syria, Colombia, Chad, Kosovo, Guatemala, Peru, East Timor, India, Liberia, Bangladesh, and Sierra Leone. The organization provided testimony in the war crimes trials of Slobodan Milošević and Milan Milutinović at the International Criminal Tribunal for the former Yugoslavia, and in Guatemala's Supreme Court in the trial of General José Efraín Ríos Montt, the de facto president of Guatemala in 1982–1983. Gen. Ríos was found guilty of genocide and crimes against humanity. Most recently, the organization has published on police violence in the United States.
Stuart Robert Glass was a Canadian adventurer and yachtsman killed by the Khmer Rouge in August 1978 while sailing a little yacht named Foxy Lady through Cambodian waters. One of nine "Western" yachtsmen known to have been seized by the Democratic Kampuchean regime between April and November 1978, he was the sole Canadian victim of the 1975–79 Cambodian genocide.
Robin Vincent, CMG, CBE was an international expert in the administration of justice and a major contributor to the creation and effective functioning of international criminal tribunals.
Reed Brody is a Hungarian-American human rights lawyer and prosecutor. He specializes in helping victims pursue abusive leaders for atrocities, and has gained fame as the "Dictator Hunter". He was counsel for the victims in the case of the exiled former dictator of Chad, Hissène Habré – who was convicted of crimes against humanity in Senegal – and has worked with the victims of Augusto Pinochet and Jean-Claude “Baby Doc” Duvalier. He currently works with victims of the former dictator of Gambia, Yahya Jammeh. He is author of several books including To Catch a Dictator: The Pursuit and Trial of Hissène Habré.
During the Sierra Leone Civil War gender specific violence was widespread. Rape, sexual slavery and forced marriages were commonplace during the conflict. It has been estimated by Physicians for Human Rights (PHR) that up to 257,000 women were victims of gender related violence during the war. The majority of assaults were carried out by the Revolutionary United Front (RUF). The Armed Forces Revolutionary Council (AFRC), The Civil Defence Forces (CDF), and the Sierra Leone Army (SLA) have also been implicated in sexual violence.
The Truth and Reconciliation process in Cambodia refers to efforts to create other truth-seeking and reconciliation mechanisms in the country, in addition to the hybrid tribunals established by the Cambodian government and the United Nations in 2001.
Alieu Kosiah is a former commander of the United Liberation Movement of Liberia for Democracy (ULIMO) faction, a rebel group that participated in the First Liberian Civil War (1989–1996) which fought against the National Patriotic Front of Liberia, led by Charles Taylor. After the war, Kosiah moved to Switzerland, where he obtained permanent residence.
Hassan Bility is a Liberian journalist, and the founder and Director of the Global Justice and Research Project (GJRP), a non-governmental organization dedicated to the documentation of war time atrocities in Liberia and to assisting victims in their pursuit of justice for these crimes.
Gibril Massaquoi was a commander and a spokesperson for the notorious Sierra Leone rebel group, the Revolutionary United Front (RUF), which also fought in Liberia. In 2005, he became the top informer for the prosecutor of the Special Court for Sierra Leone. He gave evidence to the UN-backed Special Court for Sierra Leone set up to investigate war crimes committed in that conflict. He was relocated to Finland in 2008 as part of a witness protection programme, which provided immunity for crimes committed in Sierra Leone, but not Liberia.
Kunti Kamara, a.k.a. Kunti Kumara, Kunti K., Colonel Kamara, CO Kamara or Co Kamara, whose real name may be Awaliho Soumaworo, is a former Liberian rebel militia commander who participated in the First Liberian Civil War as a leader in the United Liberation Movement of Liberia for Democracy (ULIMO).
Civitas Maxima is a non-governmental organisation that documents mass crimes, such as crimes against humanity, genocide, and war crimes, and pursues justice on behalf of the victims, particularly in West Africa.