Sweden Charges Lundin Executives for Complicity in Sudan War Crimes: A New Era in the Corporate Accountability for International Crimes
Global Human Rights Defence
GHRD is an international human rights organization, working to promote the rights of minorities globally
Adhil Adhil
26-07-2023
International Justice Researcher
Global Human Rights Defence
Introduction?
On November 11, 2021, the Sweden prosecutors brought charges against Ian Lundin (Chairman of Lundin Energy) and Alex Schneiter (former CEO of Lundin Energy) for complicity in the war crimes committed between 1999 to 2003 in the South Sudan region.[1] The prosecutors allege that Lundin energy and its executive were involved in the aiding and abetting war crimes by allegedly paid Sudanese army and non-state armed militia to forcibly displace the local population in the Block 5A field situated in South Sudan.[2] This trial is scheduled to set up for 5th September 2023 and end up on 19 March 2026. With 220 scheduled court days for the trial, it is considered to be one of the longest trials in the history of the Swedish legal system.[3] The trial is also posed to be one of the landmark trials holding international corporations accountable for serious international crimes since the 1949 Nuremberg trials.
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Background of the Lundin’s Involvement in International Crimes at South Sudan and Trial Process?
Between 1985 to 2005, the second Sudanese civil war was fought between the Government of Sudan and the Sudanese People Liberation Army (SPLA) and other armed groups. [4] In 1997, the Swedish oil company Lundin Oil formed a consortium with Petronas Carigali of Malaysia, OMV Exploration of Sudan, and Sudanese state-owned company Sudapet, and they were collectively known as Lundin Consortium.[5] They subsequently signed a contract with the Sudan government with the Government of Sudan to secure an exploration of oil in the Block 5A situated in the South Sudan region, that was not controlled by the government. In 1999, Lundin sought protection, and also paid money to both government and its opponent armed force SPLA to secure control over the land, despite knowing that the local population would be forcefully displaced and subjected to extreme human rights abuses. Between 1997 to 2005, the Sudan army and various local armed forces including its opponent SPLA had committed serious international crimes and gross human rights abuses including intentional targeting civilians, unlawful killings, rape of women, torture, abduction and forced displacement. [6]An estimated 12,000 people died during the violence in Lundin concession area, and 160,000 people were forcibly displaced by the perpetrators. [7]
In 2010, the European Coalition on Oil in Sudan published a report revealing the involvement of the Lundin consortium’s complicity in international crimes and human rights abuses, and the report was submitted to Swedish International Public Prosecution. From 2010 to 2018, the Swedish prosecutors investigated and questioned Lundin petroleum officials on possible complicity in Sudan war crimes. Finally in 2018, the Swedish government authorized prosecution to proceed with the trial, and Lundin executives were officially indicted on 11th November 2021. The indictment was challenged by Alex Schneiter, who is a Swiss citizen and resident of Switzerland, on the ground that he is not a resident of Sweden, and nor he had committed the crimes in Swedish territory. But the claims were rejected by a District Court, the Court of Appeal and Swedish Supreme Court.? The court concluded that there is some form of connection to Sweden, and required prosecution under international law. [8] Moreover, the prosecution also seeks to confiscate 1.4 billion Swedish Krona, the equivalent of approximately 153 million USD from Lundin and its executives profit generated from the company’s business in South Sudan. [9]
Swedish Universal Jurisdiction and Significance of the Trial against Lundin Executives
Sweden has ratified the Rome Statute of International Criminal Court in 2002, and incorporated into Swedish law through Swedish Act on Criminal Responsibility for Genocide, Crimes against Humanity and War Crimes.[10] Swedish law has adopted universal jurisdiction over any international crime with a minimum sentence of four years, even if the crime is committed outside Sweden and/or by a foreign national. Unlike in many other jurisdictions, Swedish universal jurisdiction does not require a suspect to be a resident in Sweden, in order to exercise jurisdiction or conduct investigation into the allegation of international crimes. [11]
There is no doubt that the Lundin trial stands out as one of the landmark trials, that may change the landscape of corporate accountability for international crimes. [12] This trial is one of the first indictments attempting to hold corporations and its executives accountable since the infamous 1949 Nuremberg trials. The legal paradigm on international criminal law had advanced in the last few decades, including the emerging practices of exercising universal jurisdiction against individuals responsible for international crimes. But, for a very long time, the corporations and their executives enjoyed wide impunity for their complicity in human rights abuses and international crimes, owing to the lack of specific prohibitions and criminal liability under the international law. This trial has the potential of defining the international legal liability for corporations responsible for serious crimes and also may explain their obligations under UN Guiding Principles on Business and Human rights.?
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