Universal Jurisdiction Trial Begins in Canada

On Monday, Canada began its first prosecution under the Crimes Against Humanity and War Crimes Act 2000, which gives Canadian courts conditional universal jurisdiction — jurisdiction predicated on the perpetrator being present in Canada — over war crimes, crimes against humanity, and acts of genocide committed anywhere in the world:

A war crimes trial is underway in Canada for the first time in 15 years on Monday when a former Rwandan militia commander faces charges of genocide.

Desiré Munyaneza is facing charges of genocide, crimes against humanity, and war crimes related to the atrocities committed against millions of Rwandans in 1994.

The former militia commander is accused of committing murder, psychological terror, physical attacks, and sexual violence against Tutsis.

He fled Rwanda in 1997 for Canada, carrying a fake Cameroon passport.

He immediately claimed refugee status, saying he would be killed if sent back to Rwanda because he was a Hutu.

His claim was rejected three years later, largely on the testimony of an RCMP war crimes investigator who accused Munyaneza of being linked to the Rwandan massacre.

Munyaneza was living in Toronto when he was arrested by the RCMP in October 2005.

He was taken to Montreal, where he was arraigned day on seven counts of charges, all of which carry a life sentence.

His initial refugee claim was dismissed in Sept. 2000 and twice again on appeal.

He stayed in Canada as he wasn’t given notice of his pending deportation. If convicted, he is expected to serve his sentence here.

Canada adopted the Crimes Against Humanity and War Crimes Act 2000 to fulfill its obligations under the Rome Statute. Interestingly, though, the Act imposes far harsher penalties: whereas Article 77 of the Rome Statute limits sentences to 30 years unless “justified by the extreme gravity of the crime and the individual circumstances of the convicted person,” Section 6(2) of the Crimes Against Humanity and War Crimes Act 2000 mandates life imprisonment “if an intentional killing forms the basis of the offence” and permits it in all other cases.