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Article

19 Nov 2021

Author:
Karolina Bonde, PAX Unpaid Debt

Lundin’s crimes – were they intentional?

Lundin Energy [executives] Ian H. Lundin and... Alex Schneiter have been charged with aiding and abetting international atrocity crimes in Sudan between 1999 and 2003…

In Sweden, one can only be prosecuted if, objectively speaking, there is sufficient evidence that a crime has been committed and the defendant can be linked to that crime...The key issue is the link between the crimes and the defendants…

… There are three levels of intent in Swedish law, requiring different levels of awareness on the part of the perpetrator…The evidence presented by the prosecutor in the Lundin case shows insight of a high probability that war crimes would be committed, and that the actions by the suspects on behalf of Lundin Energy were motivated by self-interest.

The indictment points out that Alex Schneiter knew that indiscriminate attacks had been carried out…he expressed his appreciation to representatives of the Sudanese Government for the way in which they had created conditions for Sudan Ltd to operate… so, he de facto approved their actions and implicitly encouraged them to continue to commit war crimes.

...The acts of the defendants therefore fully meet the criteria for the lowest and second lowest levels of intent.

The indictment establishes that Ian Lundin and Alex Schneiter had the intention that war crimes were committed to secure Lundin’s operations and that their demands for security provision exacerbated war and caused and contributed to the commission of war crimes. Together, this constitutes a solid legal basis for a conviction for complicity in war crimes.