1. 1- Adama Petition
Appellants
Dr. Adama, Natascha, PhD,
Born: April 10 1964, The Hague, The Netherlands,
citizen of the Netherlands (hereafter Petitioner),
Residing: Brahmslaan 105, 2324 AE Leiden;
Acting on behalf of a specific class of individuals and or entities who suffered commonly during the Non
International Armed Conflict (hereafter: NIAC) in Suriname;
Petitioner respectfully requests the Prosecution of the International Criminal Court in The Hague, The
Netherlands to proprio motu investigate the war crimes which occurred between 25th
February 1980
and 19 August 1992 and between 1 August 2010 and today.
Introduction
a. An Amnesty Bill drafted on 11 March 2012 by the Surinamese parliament and signed by the
Vice- President Robert Ameerali on 4 April 2012 is the point of contention. The swiftness with
which this bill was drafted, approved and signed shows the intent of the presidency to erase
crimes of the ‘utmost gravity’. Said amnesty is incompatible with ‘well -established
international jurisprudence ‘ (see for example, The Barrios Altos Case), the principles of the ICJ
and customary law that amnesty is not permissible in cases that prevent the prosecution of
individuals, possible suspects, who may be responsible for international crimes. The former
dictator and current President, Desire Delano Bouterse, testified in front of TV-cameras in the
year 1998, ‘[Suriname was] at war and during war it is justified to kill, it is either kill or be killed,
and let me tell you I will always shoot first. Always!’
b. In the case of Suriname, war crimes of the utmost severity were committed during the period of
military dictatorship led by Mr. Bouterse, and the adversary, Ronny Brunswijk the commander
of Jungle Commando. The provisions stated in (Art 25, §2, 3 a-f) all apply in the case of
Suriname, that all persons who aided and abetted are individually responsible and liable for the
war crimes committed during the NIAC in Suriname;
War Crimes versus Crimes against Humanity
2. 2- Adama Petition
a. This is the first petition on the conflict in Suriname, which is based on the more broadly defined
judicial qualification ‘war crimes’ (article 8; §c, d, e, ICC) and not on the more narrowly defined
conception of ‘crimes against humanity’, qualified (in article 7; ICC).
b. The judicial qualification of war crimes in casu is based on the following aspects:
i. All attacks were indiscriminate, disproportionate and random, carried out by the
military, Het Nationale Leger (hereafter: NL) in co-operation with an undisclosed
number of civilians, and Guerrilla military organization Het Jungle Commando
(hereafter: J.C.) committed during the NIAC (see also art 8. §d, f);
ii. -All persons involved in the NIAC, the civilians, the military and the members of
the JC are individually responsible for the violations and are deemed “person of
interest” in a criminal investigation (art 25 ICC);
iii. During the NIAC in Suriname the rights of the military in casu, the combatants of
the NL and the adversaries, the J C, were violated according to the rules of the
Geneva Convention.
Proprio Motu
Based on the afore postulated, petitioner requests that the Court to assess the Surinamese war
crimes, in accordance with (art. 15, §1 and art 13, § c), that the Prosecutor may initiate
investigations a proprio motu on the basis of information on crimes within the jurisdiction of the
Court;
Judicial Framework
a. Ratione Temporis
Petitioner is aware of the limitations of the ICC, as stipulated by the Rome Statute under (art.
11) Jurisdiction Ratione Temporis, but argues that
I. the signing of the 2012 Amnesty- bill is qualified by a wide array of existing
jurisprudence as a war crime , an act and omission, (art 17 ICC, §2a, b, c) drafted to
prevent the redress for a wrong; See also: Australia, Military Court at Rabaul, Ohashi
case (cited in Vol. II, Ch. 32, § 2957);- United States, Military Commission at
Shanghai, Sawada case (ibid., § 2961); -United States, Military Tribunal at
Nuremberg, Altstötter (The Justice Trial) case (ibid., § 2964)1
1
source: ICRC, https://www.icrc.org/customary-ihl/eng/docs/v1_cha_chapter44_rule156#Fn_21_27, accessed, 12/8/2014
3. 3- Adama Petition
II. The signing of the Amnesty bill in 2012, underscores the purpose of this petition rather,
the gravity of the situation in general. There is a concern that the war crimes
committed in Suriname will never be investigated by the Surinamese authorities and
that crucial forensic evidence might possibly be destroyed in order to prevent criminal
investigation in the future (art 17 ICC);
III. In the case of Suriname, only a small percentage of violations have been investigated by
local human rights organizations Moiwana 86 and Organisatie voor Gerechtigheid en
Vrede in Suriname (hereafter: OGVS) . In only one case, the 8 December Murders,
individuals were identified in December 2002 as possible suspects, six months after the
Rome Statute entered into force in June 2002. All alleged accused were subpoenaed in
the month of December 2004, two years after the Statute of Rome entered into force.
Interpretation of the Surinamese War Crimes
a. The following crimes and violations as stipulated and categorized under (article 8: ICC)
serious violations applicable in an armed conflict not of an international character:
i. The spreading of terror and fear through threatening and menacing behavior by
members of the National Army and the military police to civilians
ii. The random beatings of civilians in the streets by military
iii. Abduction,
iv. Random arrests by the Military Police and or military of civilians without charges
v. The pillaging of villages
vi. Cruel treatment, mutilation, torture
vii. Denying prisoners medical help, food, drink and legal council
viii. Incarceration of civilians without arraignment
ix. Killing of civilians
x. Disappearance of civilians
xi. Rape of civilians
xii. Arrest and incarceration of military personnel without charges and/ or
arraignment
xiii. Disappearances of unlisted and listed military personnel during duty
xiv. Excessive destruction and/ or appropriation of property not justified for military
necessity
xv. Denying imprisoned civilians the right to a fair trial
xvi. Passing of sentences and the carrying out of executions without previous
judgment pronounced by a regular court
4. 4- Adama Petition
xvii. Deny civilians passports in order to prevent them from traveling abroad
xviii. Intimidating and threatening opponents that fled the county in fear for their
lives through embassy’s and consular departments ; providing false information
to the authorities of the new country; denying civilians that fled the country
travel documents
1. The Surinamese Amnesty and Impunity
a. The general principles of amnesty- part of the healing process, to take away impunity
and restore faith in the justice system – a legal tool that can help ease transition, after
the rights of the victims are equally observed, were not taken into consideration in the
specific situation of Suriname;
b. In Suriname, international jurisprudence on the correct and proper use of Amnesty Laws
was blatantly disregarded by the legislative and the judiciary. The Surinamese
presidency and members of the ruling coalition defended the passing of the Amnesty
Law, arguing that the bill was passed to help the reconciliation process and ensure long-
term political and social stability. The fact that Amnesty was declared during an ongoing
trial, by a regime of which its president was the primary suspect , gives rise to the
notion that amnesty was declared to
i. shield one or more of the individuals, in casu suspects of war crimes and crimes
against humanity from prosecution
ii. erase the crimes committed between the period of 25th
February 1980 and
1992
iii. influence the course of justice by intervening in ongoing trial
c. Neither the Surinamese legislature, nor the Special 8-December Court –Martial an
institution, deemed to have ample oversight in the international jurisprudence on
international humanitarian law, declared the amnesty law incompatible with the
principles of the ICC and the principles of common law, e.g. fair trial. Indeed, the Court
had ample international jurisprudence to declare the amnesty law null and void and
continue as scheduled. The ruling that the supposed Supreme Court had to review the
amnesty bill first before the trial can continue is unconstitutional (section 3, art 54, §2 a,
Surinamese Constitution)2
. In other words, the ruling eroded the autonomy of the
Court-Martial and implied the ‘exhaust of other local remedies’.
d. The signing of amnesty bill in 2012, rekindled the violence, this time directed against the
victims and the survivors of war crimes as well as other civilians that protested against
the amnesty. The violence consisted of the spreading of fear through threatening and
2
http://www.constitution.org/cons/suriname.htm
5. 5- Adama Petition
menacing behavior by the president, members of the National Democratic Party, and an
unidentified number of civilians. The president used cruel language on and off stage
calling the victims and the survivors of the NIAC ‘traitors’ and ‘colonials’.
2. Crimes of War 25 February 1980 – 19 August 1992
a. On the 25th
of February 1980 a military coup brought on military dictatorship in Suriname. The
public lauded this coup, convinced by the speeches of the junior officers that they had indeed
liberated the nation from corrupt and looting politicians. The public was overjoyed and
overlooked the fact that:
i. -the democracy was terminated indefinitely;
ii. that the violations of human rights had started in the first hours of the
overthrow;
iii. -that the country was in the hands of the military;
b. In August 1980, a counter-coup staged by Wilfred Hawker and Surindre Rambocus backfired.
The Military Council (hereafter: NMR) and the civilian government terminated the remaining
democratic institution the Surinamese Parliament. This act marks the beginning of the
dictatorship and an increase in the level of violence against civilians. The regime declared the
state of emergency, set a curfew, and installed a Special Court- Martial, three acts, part of a plan
or policy of a large scale commission of such crimes as described in (art. 8; §c, d, f);
c. Striking is that human rights violations were typically not reported and investigated -except in
two situations, the 8 December 1982 killings and the Moiwana Massacres in 1986. Civilians had
credible reasons for fearing the authorities, a trip to the police to file a complaint or to report a
possible crime/ violation could lead to bigger trouble. Research has revealed several situations
which could be substantiated with credible evidence that is supported by data gathered by the
OGSV. On December the 10th
2014, International Human Rights Day, the President of the OGSV,
Mrs. Betty Goede mentioned the names of 155 persons who were murdered since December
19823
. Mrs. Goede on that occasion also urged investigation of these crimes and prosecution of
the alleged criminals. The below described situations are examples of violations committed by
the military, civilians working with the military regime and members of the JC during the NIAC:
Situations and Status
3
http://www.nospang.com/index.php?option=com_content&view=article&id=42656:menselijke-waardigheid-
basis-menswaardig-bestaan&catid=73:binnenland&Itemid=65
6. 6- Adama Petition
1. The killings of Captain van Aalst, police-officer Sultan and Army officer Comvalius, on February
the 25th
1980, violations that escaped the attention of human rights watchers and the public
completely. Status: never investigated
2. Sergeant Frederik Ormskerk, born April 26, 1923, Dutch national, was killed incarceration on
May 1st
1980. Mr. Ormskerk was abducted at the border between Suriname and French Guyana,
by military and transported to the capital Paramaribo. According to the Surinamese coroner, Dr.
Vrede, Mr Ormskerk was allegedly ‘kicked in the head’ and/ or beaten till death. After the body
was transported to the Netherlands, the conclusions by the Surinamese authorities were
substantiated by the Dutch coroner’s office in 1980. 3 members of the National Military Council
have been connected to this crime, Roy Horb (murdered in February 1983); Roy Tolud (missing
since 1999) and John Hardjoprajitno, currently residing in the Netherlands (address unknown).
Status: this situation was never investigated, beyond the stages described above
3. Mr. Rufus Nooitmeer (21 september 1935- 12 januari 2000) was arrested and charged with the
aiding and abetting of a counter-coup against the military regime. Mr Nooitmeer was tortured
on a regular basis and was forced into confessing a crime he did not commit. Mr. Nooitmeer
was punished on the basis of his confessions and was sentenced to one year probation: Status:
never investigated
4. Virginia Hoffman, ibid 3; Status: never investigated
5. Hein Kasantaroeno, ibid 3; Status: never investigated
6. Mr Theo Bean: was arrested on charges of treason and conspiracy to commit a coup against the
military regime. He was also tortured and denied medical care after signs of paralysis. Mr Theo
Bean was forced to confess to a crime he did not commit and was sentenced on probation;
Status: never investigated
7. Eddy Hoost: arrested without officially being charged with a crime. Mr. Hoost was the first
minister of Military and Police after Independence in 1975. Incarceration Mr Hoost suffered
from a stroke. He was denied food, proper attire and proper medical attention. Mr Hoost was
murdered by the military on December the 8th
1982. Status: unclear
8. Wilfred Lieuw A Len: engineer and contractor, was apprehended on corruption charges. He was
denied proper medical care, medication, proper attire and food; Status: never investigated
9. Henck Arron: former Prime Minister was beaten and denied medical care after he suffered from
an undisclosed illness. He was also denied proper clothing and food; Status: never investigated
7. 7- Adama Petition
10. Willy Soemita: former minister of Social Affairs was arrested after having been sentenced and
jailed on charges of corruption in 1978. The arrest of Mr. Soemita was a violation of the principle
ne bis in idem, because he had already served time in jail for corruption. Mr. Soemita was
severely beaten, denied proper medical care and proper attire; Status: never investigated
11. Frank Essed, former director of the Planning Agency. Mr. Essed was beaten and falsely accused
of corruption. He was denied food and proper clothing; Status: never investigated
12. Achmed Karamat Ali Former Minister (ibid 9, 11)
13. Wilfred Hawker: March 13 1982, after a failed coup attempt, Sergeant Wilfred Hawker was
taken away by the military while in the emergency room to be treated for gunshot wounds. Mr
Hawker then placed in front of a firing squad and executed. Eye witnesses alleged that a
supporter of the regime made a phone call, informing the Military about the whereabouts of
Mr. Hawker. Roy Horb and some other members of the regime then drove to the hospital to
collect Mr. Hawker, and subsequently placed him in front of a firing squad. Status: situation was
never investigated
14. Brahm Behr: arrested multiple times. On 7 April 1982, he was arrested after he wrote a book on
the criminal activities of the new military leaders. He was murdered by the military on
December 8th
1982.
15. Gerold Kamp: September 1982; Gerold Kamp was arrested by the lieutenant-colonel Marcel
Zeeuw (born: 14 October 1953). Mr. Zeeuw, in his capacity as Commander of the Military Police,
gave orders to arrest mr Kamp and another member of the military (police) on the accusation of
theft of musical instruments belonging to Mr. Zeeuw . Both men were locked up in the Fort
Zeelandia, after the stolen items were recovered from Mr Kamp’s house. A member of the
family declared that when the family arrived at the Fort on the second day to visit, the
authorities informed them that the men had fled the jailhouse. The family says that Mr. Kamp
has disappeared. Status: situation was never investigated
16. Redgan van Sauers: In September 1982 the lieutenant Etienne Boerenveen arrested Redgan van
Sauers, writer and publisher and locked him up in Fort Zeelandia. Van Sauers was in the process
finishing a book on the military in the 8-December murders. The military arrested Mr. van
Sauers on several occasions during the period of 1982 and 1986, until he managed to escape the
country in 1986. On all occasions he was mentally and physically tortured by members of the
Military Police, denied food, proper attire and medical treatment. He was granted the refugee
status in the late 1980s. In the Netherlands, the torture began anew, this time committed by
staff members of the Consulate General in Amsterdam. The consulate refused to renew his
8. 8- Adama Petition
passport, an act that jeopardized his status as a legal alien in the Netherlands and his petition
for Dutch citizenship. In 1989, Mr van Sauers was shot and severely wounded. He survived the
attack. He now suffers from PTSD4
. Status: this situation was never investigation
17. Multiple Victims: December 8/9- 1982: 16 civilians were arrested by the military authorities; 15
died in front of a firing squad5
, one civilian survived6
. Status: all cases were investigated, forensic
evidence demonstrated that all victims were indeed tortured and killed in front of a firing squad.
In 2004, all alleged suspects were subpoenaed. During the trial amnesty was declared. Status:
unclear; the president of the Court Martial the Hon. Judge, Mrs. C. Valstein- Montnor, has
deferred until the (supposed) Constitutional Court has reviewed the constitutionality of the
amnesty law. The presiding judge of the Court -Martial decided that the Court will reconvene on
February 2nd
2015 to rule on one specific situation7
, all other proceedings have been terminated
(indefinitely). The lack of urgency and the fact that the Surinamese parliament is not involved in
the drafting of bill to amend the constitution are strong indications that the plan to instate a
constitutional court has been shelved.
18. Multiple Victims: In the fall of 1983 nine civilians8
were arrested on the suspicion of planning a
coup against “het wettige gezag”. All nine civilians were placed in lock up for seven months
without being officially charged. All 9 civilians were tortured and one of them was denied
medication and medical treatment. Status: The Inter-American Commission on Human Rights
(IACHR) investigated this case and resolved that Suriname violated the human rights of the
civilians9
. Suriname did not follow up on the resolution to immediately conduct a criminal
investigation consecutively file charges and prosecute the persons’ responsible (resolution 3. No
action was taken by the authorities, because the suspect Lieutenant- Colonel Marcel Zeeuw, was
the Commander of the Military Police and part of the military regime;
4
Interview with Regan van Sauers, July 2012
5
http://www.iachr.org/annualrep/84.85eng/Suriname9265.htm
6
The persons arrested and allegedly killed were four journalists, four lawyers, amongst whom was the Dean of the Bar
Association, two professors, two businessmen, two army officers and one trade union leader. The names of the victims are John
Baboeram, Bram Behr, Cyrill Daal, Kenneth Goncalves, Eddy Hoost, Andre Kamperveen, Gerald Leckie, Sugrim Oemrawsingh,
Leslie Rahman, Soerindre Rambocus, Harold Riedewald, Jiwansingh Sheombar, Jozef Slagveer, Somradj Sohansingh and Frank
Wijngaarde. The executions are said to have taken place at Fort Zeelandia.
7
http://www.volkskrant.nl/dossier-amnestiewet-suriname/proces-decembermoorden-wordt-niet-
hervat~a3768529/
8
Ibid 4
9
Communication No. 148/1983 : Suriname. 04/04/85. CCPR/C/24/D/148/1983. (Jurisprudence)
9. 9- Adama Petition
19. Multiple Victims: 1986- A student protest in the capital escalated and an unidentified students
disappeared; Status: Never investigated
20. Multiple Victims: November 29, 1986: The Surinamese Army murdered 39 people in the Maroon
Village Moi Wanna after a search for the leader of the Jungle Commando (hereafter, JC) proved
to be fruitless. They destroyed the village by setting fire to the house of the leader of the JC and
gunned down the villagers in their homes. Status: cold case
21. Multiple Victims: December 1986: An unidentified number of civilians are murdered in the
border town Albina by the National Army. Status: cold case
22. Multiple Victims: 1986: The Jungle Commando commits war crime by killing 19 military captured
as prisoners of war. Status: never investigated
23. Multiple Victims: September 11, 1987: An unidentified number of civilians are murdered in the
Maroon Village Pokigron. Status: cold case
24. Multiple Victims: April 23, 1989: The village of Pokigron was burned down completely by
military. Status update: This case was brought to the “Corte Interamericana de Derecho
Humano10
”, resolved that further criminal investigation should be conducted within 90 days
after the ruling in order to prosecute the persons responsible11
25. Multiple Victims: 1990: An unidentified number of civilians are killed in the border-town of
Apoera, in Western Suriname. Status update: there is little evidence about these murders, and
further investigation is necessary
26. August 4, 1990: Police officer Herman Gooding is shot and killed while driving in his car. The
authorities prevented ambulance personnel or a doctor to provide medical assistance. The body
remained on the street for more than five hours with its brains scattered all over the street. The
government appointed a special commission to investigate of the murder of Herman Gooding,
but this commission failed to identify (name) the suspects and close the case: Status: cold case.
27. Multiple Victims: Violence against women occurred throughout the period of military
dictatorship, in casu, the period of the amnesty. Women were violated, raped and assaulted but
they typically kept quiet. Filing a complaint was risky because some of the perpetrators were
10
http://www1.umn.edu/humanrts/iachr/D/11-esp-1.html
11
Transmitir este informe al Gobierno de Suriname y establecer un plazo de 90 días para implementar las recomendaciones allí
contenidas. El período de 90 días comenzará a correr a partir de la fecha de envío del presente informe. Durante los 90 días en
cuestión, el Gobierno no podrá publicar este informe, de conformidad con el artículo 47.6 del Reglamento de la Comisión (ibid:
2)
10. 10- Adama Petition
members of the police-force. Status: None of these situations was ever reported or investigated
by the local authorities.
The Negative Impact of the Surinamese Amnesty
In for example, Brazil when the amnesty was overturned by the decision to start criminal
investigations, the quality of the legal system improved. In the case of Suriname the amnesty has
negatively impacted the quality of the legal system. There are clear indications that human rights
violations are currently on the rise. For example:
1. The launch of a Counter Terrorism Unit (hereafter, CTU) a de facto secret law-enforcement unit,
consisting of military and civilians, materialized without parliamentary consent12
.
2. The launch of a secret criminal task force colloquially known as “Hot Air” launched in 2012 falls
into the same category as the CTU, because this unit also operate outside regular system of law
and order13
.
Ad.1: Counter Terrorism Unit
During the course of 2011, Dutch and Surinamese media reported on incidences, involving the
excessive use of violence against civilians involving members of the CTU. Surinamese media
reported that civilians were abused and threatened with death. According to eye-witnesses
individuals clad in CTU uniforms entered the village and gunned down an unspecified number of
civilians in Maripakondre (East Suriname)14
; several eyewitnesses explicitly mentioned the earlier
conflict of the 1980s in reference with the situation in Maripakondre and henceforth, the
disappearance of an unspecified number of civilians15
12
http://www.starnieuws.com/index.php/welcome/index/nieuwsitem/3722
13
In June 2012 the Chief of Police, mr. Tjin Lip Sjie said in an interview with a local newspaper that Faya Blo had been
operational since 2011; that this specialist force was not an intrinsic part of the regular police force, but rather, joint effort
between the Army and the police. The Surinamese Constitution is very clear on the role of the military, that they are not part of
civilian life and should at all times keep their distance. The Chief of Police Faya Blo explicitly stated that this special task force
would cease to exist once excessive criminality was under control. An anonymous source wrote that Faya Blo is a de facto
death squad, and consists of military and one or two police officers as a precautionary measure to cover legal loopholes.
Several newspaper reports teach us that Faya Blo will remain an integral part of the police force ‘a stand-alone and
independently operating arrest- task force within the regular police force bestowed with unbridled powers.
14
http://www.nospang.net/index.php?option=com_content&view=article&id=10187:dino-beschuldigd-van-toe-
eigening-goudconsessie&catid=73:binnenland&Itemid=65
15
Ibid 11
11. 11- Adama Petition
Ad.2: Faya Blo / Hot Air
The activities by Faya Blo bear strong resemblance to the war crimes of the 1980s. There is a rise in:
a) violence against civilians
b) the use of disproportionate force and violence during the arrest of alleged suspects
c) the arresting of civilians without proper police investigation
d) denying civilians the right to defend themselves in a court of law against allegations
e) police brutality
f) involvement of military (units) in the police force and civil law- enforcement
g) menacing and/ or threatening behavior by high ranking politicians, government officials and
supporters of the ruling party
h) The use of diplomatic posts to control and terrorize opponents that live overseas
Faya Blo was connected with the violations of the rights in several situations:
1. In March of 1980 several civilians were physically abused by members of the military regime in
front of TV cameras to sway public opinion in favor of the military. In an identical situation, four
civilians were gunned down in June 2012, during a Faya Blo sting- operation (in co-operation with
the police) near the homes of the victims in the district of Tout Li Fault, in the outskirts of the capital
Paramaribo. Footage of the vehicle, placed online by the media, showed that the bullets had
impacted the front of the car and not the rear, an indication that the victims were ambushed and
shot. The footage defied the suggestion made by the Chief-of-Police Mr. Tjin Liep Sjie, that the four
men were killed while on the run from the police. An anonymous eyewitness posted on the Internet
that the killings were staged, intentional acts of violence against these four civilians to sway the
negative public opinion in favor of the government that was blamed for ever- increasing crime rates.
2. On 27/08/2012, local newspapers wrote that a woman was held at gunpoint by a military while
waiting for assistance when her car broke down. Government officials promised a proper
investigation. The status of the investigation unclear;
3. On 18/12/2012 local newspapers report that a citizen was dragged out of his vehicle at gunpoint
and threatened with death by 2 members of the CTU and again officials promised to look into the
matter, but no charges were made against the CTU- officers. The status of the investigation is
unclear;
4. On 30/10/ 2013, Mrs. Grace Flu was found dead in her car. After months of waiting, the
authorities released the body to be buried. In March 2014, Surinamese newspapers reported that
the Dutch Forensic Institute (hereafter: NFI) concluded that Mrs. Flu had committed suicide, based
on the fact that ‘a line of gunpowder was found on her hand’. The NFI, when asked commented on
this case, confirmed that an autopsy was done by them, but referred me to the Surinamese Justice
Department for additional inquiry.
12. 12- Adama Petition
Review and Redress
Petitioner respectfully requests:
1-To rule on the permissibility of the Amnesty Law in light of the facts presented in this petition and
based on rules of international criminal law, war law, jurisprudence and common law (article 15, § 4);
2-To review the amnesty law, enacted on April 4, 2012, in light of the ICC Article 8 ICC, §2 (c) iv and § d)
and the existing jurisprudence16
;
3-To investigate if there is a reasonable basis to proceed with an investigation of the war crimes
committed by the military regime and other civilians during the period 25th
of February – 9 August 1992
(article 15, § 4).
Petitioners asks the Prosecutor, if this case is indeed admissible, to start immediate investigation in the
war crimes committed in Suriname during the NIAC
1-To issue a warrant for the arrest of the former Commander in Chief of the Surinamese army and
current president Delano Desire Bouterse and others, to appear before the ICC, for war crimes
committed during the period 25 February until today, based on (art 27; §1 , 1), the consideration that
the statute applies to all individuals irrelevant of their official capacity, and (ibid, § 2),(… ) that
immunities attached to special capacity of a person whether under national or international law shall
not bar the Court to exercise its jurisdiction over such a person;
2-To issue a warrant for the arrest of Brunswijk, Ronny, and other members of the JC hereto not
identified, to appear for the ICC, for the killings and torture of adversary combatants, to stand trial for
the war crimes committed during the “Binnenlandse Oorlog in Suriname (1986-1992);
3-To issue a warrant for the arrest of Zeeuw, Marcel
4-To issue a warrant for the arrest of Hardjoprajitno John
5-To issue a warrant for the arrest of Brewster, Jules
6-To issue a warrant for the arrest of Boerenveen, Etienne
16
See Australia, Military Court at Rabaul, Ohashi case (cited in Vol. II, Ch. 32, § 2957); United States, Military
Commission at Shanghai, Sawada case (ibid., § 2961); United States, Military Tribunal at
Nuremberg, Altstötter (The Justice Trial) case (ibid., § 2964), source: ICRC, https://www.icrc.org/customary-
ihl/eng/docs/v1_cha_chapter44_rule156#Fn_21_27, accessed, 12/8/2014
13. 13- Adama Petition
7-To order the State of Suriname to start criminal investigations in other war crimes as specified in this
document, and to start prosecution of possible suspects of war crimes.
8-To issue a warrant for the arrest of Dino Bouterse
9-To issue a warrant for the arrest of Melvin Linscheer,
10-To issue a warrant for all the suspects who committed war crimes in Suriname but who are not
mentioned in this document because the situations are not yet investigated
References
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abuses#.VIQ3yDHF9qU
The ruling of the InterAmerican Court for Human Rights, accessed 12/7/2014
http://www1.umn.edu/humanrts/iachr/D/11-esp-1.html
Suriname, Amnesty laws & the December Murder Trials, by Franciska Markx (April 16, 2012)
http://www.peacepalacelibrary.nl/2012/04/suriname-amnesty-laws-the-december-murder-trials/
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of Non-International Armed Conflicts (Protocol II), 8 June
1977.https://www.icrc.org/applic/ihl/ihl.nsf/INTRO/475?OpenDocument
http://www.icc-cpi.int/iccdocs/PIDS/publications/RomeStatutEng.pdf
The Definition of Crimes Against Humanity: Resolving the Incoherence by Beth Van Schaack, Santa Clara
University School of Law, bvanschaack@scu.edu
http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1411&context=facpubs
The Continuing Role of Custom in the Formation of International Humanitarian Law by
Theodor Meron, http://www.jstor.org/action/showShelf?action=add&doi=10.2307%2F2203686
pp. 238-249 (12 pages)
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