Displaying items by tag: Court

This year will mark the 10th anniversary of the Yazidi genocide in Sinjar, Iraq. Beginning on the night of 2 - 3 August 2014, ISIS displaced the entire Yazidi population from its homeland, amid a campaign of abductions and killings that claimed 12,000 victims.¹ A striking detail of this and other crimes of the self-proclaimed caliphate is the proximity of a Western corporate actor: cement producer Lafarge, whose subsidiary Lafarge Cement Syria operated the Jalabiyeh cement plant in neighbouring northern Syria. On-going investigations have since helped uncover what may amount to complicity on the part of Lafarge and Lafarge Cement Syria in the form of payments dating back to August 2013.²

In a week that began with the abandoned Jalabiyeh cement plant ablaze following a drone strike,³ Lafarge learned that it will face trial in France over its alleged complicity in crimes against humanity committed by ISIS.⁴ On 16 January 2024, the French Court of Cassation upheld Lafarge and Lafarge Cement Syrias' indictments on the charge. Also reportedly indicted are (all former) Lafarge CEOs Bruno Lafont and Eric Olsen, vice president Christian Herrault and security director Jean-Claude Veillard and Lafarge Cement Syria CEOs Bruno Pescheux and Frédéric Jolibois, along with an intermediary and a Jordan-based risk management consultant.^{5, 6} The collaboration in question includes monthly payments to ISIS and other armed groups worth US$15.5m, a lower French court found in May 2022. It may be more than another 20 months before the thorny mass of issues to be considered by the court resolves itself in convictions, or cleared names.

Another front in Lafarge and Lafarge Cement Syria's legal battle over what happened in Syria is the US civil court system. Activist and survivor Nadia Murad and 426 other Yazidis have filed an Anti-Terrorism Act claim for damages, based on the companies' previous guilty plea to the US Department of Justice to conspiracy to the tune of US$5.92m in October 2022. Murad and fellow claimants allege ‘far higher’ total payments, pointing to correspondence between Lafarge Cement Syria and its intermediary that references ‘[sic] ten millions that we pay directly to them, i.e. to ISIS.’ The DoJ estimates the total value of the conspiracy for all parties at US$80.5m.

On 6 August 2014 (the fourth day of the Yazidi genocide), Lafarge and Lafarge Cement Syria signalled their agreement to enter into a new long-term agreement to share their revenues with ISIS. On 15 August 2014, the UN Security Council issued Resolution 2170 condemning 'any engagement in direct or indirect trade' with the organisation.⁷ Lafarge and Lafarge Cement Syria allegedly concluded the revenue-sharing agreement, under new terms more beneficial to ISIS, on that same day.

Lafarge Cement Syria finally evacuated the Jalabiyeh cement plant in September 2014, whereupon ISIS added it to its own five-plant international cement network, with sales worth US$583m/yr. The US-led Coalition bombed the site in October 2019 and it was subsequently occupied by Kurdistan Workers’ Party (PKK) forces. The strike on 14 January 2024 was part of a drone campaign by Turkish forces against Kurdish positions that the invaders say destroyed 23 targets.

It is conceivable that Turkish armed forces also had personal reasons for destroying this monument to Lafarge’s former presence in the region: on Lafarge’s stipulation, ISIS implemented a duty on Turkish cement entering its area of control, ostensibly charged at US$150/truck. As anyone familiar with the Turkish cement sector knows, one of the major investors in the industry happens to be the country’s military pension fund.

For the 400,000 Yazidis who have survived, the tragedy that began in August 2014 will not end soon. More than half remain in refugee camps. Among the missing are 2000 girls and women who the International Centre for Counter-Terrorism suspect ISIS may have 'further entrenched in human trafficking,' constituing a continuation of the genocide that has outlasted both the self-proclaimed caliphate and the French multinational that may have helped to bankroll it.⁸ Courts in different countries are helping bring to light a reign of terror that spanned international borders. In the US, some of its victims may find redress, while in France, justice may be closing in on anyone who might prove to have made common cause with the perpetrators.

References

1. RASHID, 'DESTROYING THE SOUL OF THE YAZIDIS,' Augut 2019, https://www.rashid-international.org/downloads/RASHID_Yazidi_Heritage_Destruction_Report_2019.pdf

2. Jenner & Block, 'IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK,' 14 December 2013, www.jenner.com/a/web/fy85Wd97fANx7fwBecn31r/23-9186-as-filed-complaint2.pdf

3. ANHA, 'Turkish occupation army targets former Lafarge site,' 14 January 2024, https://hawarnews.com/en/turkish-occupation-army-targets-former-lafarge-site?__cf_chl_tk=mSB3Ph6iU.3FEJ.Z3ywRvcu2n.tOahhpLnd.Fmqk0SU-1705415232-0-gaNycGzNDHs

4. Reuters, 'Lafarge can be charged with 'complicity in crimes against humanity' over Syria plant, French court says,' 16 January 2024, https://ca.news.yahoo.com/lafarge-charged-complicity-crimes-against-132904436.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAANqF5SKpSZ7KB5rT5rjo_vFZ5LGdZ9bVkC5SeNw3iZGneLy5Tir2dsb1O3GQjITBRSF_xEs2GDBcSU94nKOocm-npnTznmbfhKB_FgOsBCg-9lO7ilPP2phHAcGahghG9yjmFoWVd24uU7xEwZ2RZqmmMaE2bSIIcTGRuh4LAlXD

5. Madeline Young, Lafarge's Case Cemented, 2021, https://scholarlycommons.law.emory.edu/cgi/viewcontent.cgi?article=1032&context=eilr-recent-developments

6. Le Télégramme, 'Complicité de crimes contre l’humanité : les poursuites contre Lafarge validées par la Cour de cassation?' 16 January 2023, www.letelegramme.fr/france/complicite-de-crimes-contre-lhumanite-les-poursuites-contre-lafarge-validees-par-la-cour-de-cassation-6505590.php

7. UN Security Council, 'Security Council Adopts Resolution 2170 (2014) Condemning Gross, Widespread Abuse of Human Rights by Extremist Groups in Iraq, Syria,' 15 August 2014, https://press.un.org/en/2014/sc11520.doc.htm#:~:text=Through%20the%20unanimous%20adoption%20of,as%20ISIS)%20and%20Al%2DNusra

8. Al-Dayel et al, ‘ISIS and Their Use of Slavery,’ 27 January 2020, https://www.icct.nl/publication/isis-and-their-use-slavery

France/Middle East: The Court of Cassation, France’s highest court, has upheld Lafarge’s indictment on charges of complicity in crimes against humanity, Reuters has reported. A lower court previously concluded that the company had paid US$15.5m to armed groups in the Middle East, including ISIS, via its subsidiary Lafarge Cement Syria. In its latest ruling, the Court of Cassation quashed another charge of endangering the lives of employees, on grounds that Lafarge’s foreign labour relations are not subject to French law. The group had reportedly not appealed a further charge of financing a terrorist enterprise.

Read the latest on Lafarge’s on-going trials in this week’s Global Cement analysis.

US/Iraq: Victims of ISIS brought a new claim for compensation against Lafarge on 14 December 2023 for its alleged complicity in crimes committed by the terrorist group in Iraq. A group of US citizens who belong to the Yazidi minority has sued the company, now part of Switzerland-based Holcim, in a US court. ISIS conducted a genocide against the Yazidi people in Sinjar, Iraq, beginning on 3 August 2014. The genocide involved 2100 – 4400 killings and 4200 – 10,800 abductions of girls and women, and displaced 500,000 people.

On 18 October 2023, Lafarge and Lafarge Syria pleaded guilty to conspiring to provide material support to ISIS and its ally al-Nusra Front by paying them approximately US$5.92m to continue operating during the Syrian Civil War.

Barrister Amal Clooney, representing the claimants in the latest case, said “It is shocking that a leading global corporation worked hand in hand with ISIS while ISIS was executing American civilians and committing genocide against Yazidis. We hope that this case will send a clear message that supporting terrorists cannot be ‘business as usual’ and that there will be justice for the victims.”

India: ABG Shipyard plans to sell Vadraj Cement, which owns a decommissioned clinker unit and grinding unit, as well as quarries and a jetty, in Kutch, Gujarat. The National Company Law Tribunal took over winding up proceedings for the former cement producer in September 2023. The Economic Times newspaper has reported JSW Cement, Adani Group and steel producer ArcelorMittal Group as potential buyers for the business. It expects Vadraj Cement to attract a price of US$240 – 300m, against debts of US$841m.

India: The Supreme Court will hear the case against Adani Group over its alleged financial misrepresentation and stock manipulation on 24 November 2023, 24 days after the previous deferred date of 30 October 2023. BusinessWorld News has reported that the National Financial Reporting Authority (NFRA) is currently ‘scrutinising’ the group's auditors, S.R. Batliboi, while the Securities and Exchange Board of India (SEBI) is investigating British Virgin Islands-based investment fund Gulf Asia Trade & Investment for possible violations of share ownership regulations in connection with the Adani Group.

Adani Group says that it has committed no wrongdoing.

Mexico: The government says that if US-based Vulcan Materials continues to reject offers for land in Quintana Roo on which its Calica-Sac-Tun quarry is situated, then it will designate the land Protected Natural Area status. Reuters has reported that the government has previously offered US$328 – 383m for the property. Vulcan Materials has mounted on-going legal challenges worth US$1.9bn against the Mexican government over the previous closure of its operations.

Tanzania: The Fair Competition Tribunal (FCT) lamented the ‘mischief prevailing in the market’ in a ruling nullifying the Fair Competition Commission (FCC)’s approval of Scancem International’s planned acquisition of a 68% stake in Tanga Cement, dated 28 February 2023. The Citizen newspaper has reported that the FCT granted the parties leave to apply for a review of its earlier decision of 23 September 2022, in which it initially rejected the attempted deal. In its latest judgment, the tribunal drew on principles from South African law to show that companies should be able to submit a new application within one year of rejection, provided there is a ‘substantial change’ of circumstances or market dynamics. The court added that no blame lay with the parties for having lodged their second attempted merger notification within such a timeframe.

India: Dalmia Bharat says that it will complete its acquisition of Jaiprakash Associates’ cement business, Jaypee Cement, towards the end of the 2024 financial year on 31 March 2024. Informist EquityWire News has reported that the deal is ‘taking more time’ than expected to conclude.

Jaypee Cement’s Madhya Pradesh-based subsidiary Jaybee Bhilai Cement is subject to an on-going shareholder dispute, due to which a court has frozen the company’s 74% shareholding in the unit.

Colombia: A court has ordered Grupo Argos to hand over 490 hectares of land in Sucre. The El Colombiano newspaper has reported that the land’s original owners sold their land to Grupo Argos between 2005 and 2007, amid civil conflict. The company argued that it had made the purchase in good faith, however the court rejected this, given that paramilitary violence in the area was a matter of public knowledge. Grupo Argos subsidiary Tekia subsequently planted teak trees on the land as part of the group’s carbon offsetting efforts. The Colombian Land Restitution Unit will now use the land to generate funding for repatriation programmes for people who fled the war.

Kenya: East African Portland Cement Company (EAPCC) has won a legal dispute for the right to evict squatters from 1740 hectares of limestone-bearing land in Machakos County. Nation News has reported that the court struck out the case after claimants failed to produce requested documents. It also ordered the claimants to pay EAPCC’s legal costs.