By Charles Lotara, SSMJ Stockholm, Wednesday (October 16, 2024) – A legal counsel representing victims in the war complicity trial of Lundin Oil executives in Sweden has expressed disappointment after a court in Stockholm declined compensation claims for victims of war crimes committed at the Tharjiath oilfield in Unity State between 1999 and 2003. Anders Sjögren, who is representing 15 South Sudanese plaintiffs out of the 32 in the legal proceeding in the European country, told the U
By Charles Lotara, SSMJ
Stockholm, Wednesday (October 16, 2024) – A legal counsel representing victims in the war complicity trial of Lundin Oil executives in Sweden has expressed disappointment after a court in Stockholm declined compensation claims for victims of war crimes committed at the Tharjiath oilfield in Unity State between 1999 and 2003.
Anders Sjögren, who is representing 15 South Sudanese plaintiffs out of the 32 in the legal proceeding in the European country, told the Unpaid Debt podcast that the claims by victims of the alleged crimes were flagged for late submission and unavailability of the power of attorneys, a written authorization to represent the complainants.
“They were putting emphasis on that the claims came in very late. And they also said that they needed to see the power of attorneys from the plaintiffs before they could start processing the claims. And since we were only able to provide for most of the powers of attorneys after one month or so in the starting of the process, the court said, this is now too late. We cannot handle the case,” he said.
The advocate called the decision shocking, especially when taken against people from fragile states like South Sudan with minimal communication and infrastructural development.
“This is outrageous because never to our knowledge has any court asked for the power of attorneys before they start handling the claims of damages. This decision was unprecedented. It came as a big shock to everyone. And what they haven't taken into consideration here is that most of the plaintiffs are practically living in war zones; there's no internet; there's no working postal service,” he stated.
“How are they supposed to send those powers of attorney in original to Sweden? And it was a miracle that they even were able to do that. Most of them couldn't be able to do it. So, it's a very sad turn of events here,” Sjögren lamented.
Fanny Holm, a researcher at Umeå University in Sweden, described the demand for the power of attorneys from plaintiffs by the Stockholm District Court as a never-known-before scenario in the Swedish legal system.
“The thing that is unprecedented is that the court asks for the power of attorney in original before they are going to handle the claims in all of the other cases. As far as we know, the plaintiffs have never been asked to send in any power of attorney because they are naturally coming to the court,” she argued.
“They are supposed to give their testimony in front of the court, and that's the occasion when they orally can give the power of attorney to the court,” she added.
According to Rule 150 of the International Humanitarian Law , a state responsible for the violations of international humanitarian law is required to make full reparations for the loss and injury caused. This rule is applicable to both international and non-international armed conflicts.
Ms. Holm studied six concluded cases about war crimes and genocide in Sweden, and she said the trials involved large proportions of damage claims which were approved by Swedish courts.
But for a decision on damage claims to take effect, Holm stated, it must be enforced by the Swedish Enforcement Authority , a body tasked with a range of responsibilities, including enforcement, debt collection, injunctions to pay, debt relief, and supervision in bankruptcy. However, the system favors residents in Sweden.
In the case of Lundin Oil, all victims are from South Sudan and are not permanent residents in Sweden. They rely solely on the assistance of their legal counsels to obtain compensation from the accused.
A major problem with the Swedish system, Holm noted, is that the responsibility of a legal counsel formally ends with the finalization of the trial, which means plaintiffs will not be accorded any legal support in a separate compensation claim.
Cases for collective reparations for war victims, especially in Africa, have been rare, with the Rwandan genocide of 1994 serving as a primary example where claims for damages were enforced.
“The legal counsel actually brought the money in person to Rwanda. And it was the first time that compensation to the genocide victims was paid from abroad, and these payments received a lot of attention in Rwanda at the time,” Holm stated.
“I could also add that when you have a case in Sweden, where there is a decision from a court on damages and the convicted person is indigent, there is actually a system of state compensation for victims of crime. So that could be a way to solve this. However, this state compensation for crimes committed abroad is only paid to persons who were resident in Sweden when the crime was committed,” said the researcher.
While it might sound astonishing, the Swedish court decision was foreseen. In October 2023, Senior Advisor Egbert Wesselink from Pax, part of the European Coalition on Oil in Sudan (ECOS), an NGO consortium whose report sparked investigations against Lundin executives, expressed skepticism about the prospects of compensation for the victims .
"The victims can expect that the truth will be spoken in court and recognitions for what happened. But they cannot expect something tangible from the court themselves. It is two European businessmen who stand trial, and the court case is about the question of whether they aided war crimes in South Sudan, not about anything," he said.
While Lundin Oil could pay a fine of over $200 million, this money and other likely proceeds will be paid to the government of Sweden, according to Wesselink.
"It's not about South Sudanese. Lundin Company may be fined $230 million. But that money will go. If there will be a conviction, to the Swedish government, it's for the Swedish government to decide," Wesselink said in a statement, which casts a shadow on the relevance of the case to the victims of atrocities for whom they claim to be serving justice.
According to aid and human rights groups, up to 12,000 Sudanese died of starvation, and 160,000 people were displaced in areas where Lundin was active between 1997 and 2003.
The ECOS report says that “The actual perpetrators of the reported crimes were the armed forces of the government of Sudan and a variety of local armed groups that were either allied to the government or its main opponent, the Sudan People’s Liberation Movement/Army (SPLM/A)” but that an oil consortium led by Lundin “may have been complicit in the commission of war crimes and crimes against humanity”.