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Proving the existence of an
armed conflict in Algeria
Overturning a lower-court
decision, the Federal Criminal
Court found that a noninternational armed conflict
was going on in Algeria
between January 1992 and
January 1994.
It considered that the crimes
alleged were committed in
the context of this armed
conflict and as such, the
accused could face charges
of war crimes. The Court
considered that the General
Khaled Nezzar was aware
of the massive crimes that
were committed under his
command. The Court also
asserted that one of the main
parties to the conflict, the
Groupe Islamique Armé (GIA),
fulfilled the conditions of an
armed group.
Moreover, the Federal
Criminal Court considered
that under certain conditions,
crimes against humanity can
be prosecuted in Switzerland,
even though they were
committed before the entry
into force of the relevant
provisions in 2011.
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