German Court Convicts Man Over Syria War Crime

Police secure the area in the German town of Wuerzburg, Germany, June 25, 2021, during a "major operation." REUTERS/Heiko Becker
Police secure the area in the German town of Wuerzburg, Germany, June 25, 2021, during a "major operation." REUTERS/Heiko Becker
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German Court Convicts Man Over Syria War Crime

Police secure the area in the German town of Wuerzburg, Germany, June 25, 2021, during a "major operation." REUTERS/Heiko Becker
Police secure the area in the German town of Wuerzburg, Germany, June 25, 2021, during a "major operation." REUTERS/Heiko Becker

A German court on Thursday convicted a Palestinian man from Syria of a war crime and murder for launching a grenade into a crowd of civilians waiting for food in Damascus in 2014. He was sentenced to life in prison.

The 55-year-old, identified only as Moafak D. in line with German privacy rules, was arrested in 2021 in Berlin, where he had been living as a refugee. His trial opened in August.

The German capital's district court found that the defendant on March 23, 2014, fired a grenade from an anti-tank weapon into the crowd in the Yarmouk district of Damascus, killing four people and seriously wounding two others, The Associted Press reported.

It said that he was the commander of a checkpoint for a Palestinian group, probably the Free Palestine Movement, and on the day in question also was supposed to be overseeing a distribution of food packages by the UN Relief and Works Agency, the UN agency for Palestinian refugees.

The court said that part of the district was at the time controlled by militias loyal to President Bashar Assad’s government.

The Yarmouk district, which grew out of a Palestinian refugee camp, was cordoned off by the Syrian government from July 2013 to April 2015, causing shortages of food, water and medical supplies.

The court said the defendant acted out of revenge against civilians in the district after his 25-year-old nephew was killed two days earlier by shots fired by opponents of Assad's government.

He was convicted of a particularly serious war crime, four counts of murder, two counts of attempted murder and bodily harm. The court also determined that he bears particularly severe guilt, meaning that he won't be eligible for release after 15 years as is usually the case in Germany.

The verdict can be appealed.



Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)
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Cairo May Request Extradition of Qaradawi’s Son from Abu Dhabi

Umayyad Square in Damascus (Reuters)
Umayyad Square in Damascus (Reuters)

As Lebanese authorities proceed with the deportation of Egyptian activist Abdel Rahman al-Qaradawi, the son of the late cleric Yusuf al-Qaradawi, to the United Arab Emirates, an Egyptian source involved in the case told Asharq Al-Awsat that Cairo plans to formally request his extradition from Abu Dhabi once he arrives there.

Controversy has surrounded the case since Lebanon announced that the government had approved the deportation of Qaradawi to the UAE instead of Egypt, where he holds citizenship.

Former Lebanese Foreign Minister Adnan Mansour explained to Asharq Al-Awsat that citizenship is not an obstacle in extradition cases between countries, saying that a state may decide to extradite a person to another country even if they hold the nationality of a third state, as in the case of Qaradawi’s son.

According to Lebanese sources, the decision to extradite Qaradawi to the UAE is based on a warrant issued by the Council of Arab Interior Ministers. As a member of the council, Lebanon is obligated to comply with the UAE’s request, despite the absence of a direct bilateral extradition agreement between the two countries.

Additionally, the extradition decision was influenced by the fact that the charges against Qaradawi are criminal, not political, as political charges would prevent extradition and instead warrant protection under international conventions.

An Egyptian judicial source told Asharq Al-Awsat that the International Cooperation Office of Egypt’s Public Prosecutor had prepared a comprehensive file containing all rulings issued against Qaradawi to ensure that the extradition request met all legal requirements. This file was sent to Lebanese judicial authorities through official channels. However, Egypt has yet to receive a response from Lebanon, though one is expected in the coming days.

Dr. Mohammed Mahmoud Mehran, a member of the American and European societies for international law, told Asharq Al-Awsat that international law generally allows extradition when the individual is either a citizen of the requesting state, has committed a crime on its territory, or when the requesting state has a direct legal interest in the case.

As Qaradawi is an Egyptian citizen, Egypt “has the legal right to request his extradition under international law and bilateral agreements, provided all legal conditions are met,” Mehran said.

Meanwhile, Qaradawi’s lawyer, Mohammed Sablouh, confirmed plans to file an urgent appeal in Lebanese courts to prevent his client’s extradition, according to Reuters. Mehran explained that extradition laws grant the individual the right to appeal in court, while the requesting states also have the right to challenge decisions.

Mehran suggested that if Qaradawi is ultimately handed over to the UAE, it is highly likely he will later be extradited to Egypt after procedural requirements in the Emirates are fulfilled. This is due to the strong bilateral relations and close security coordination between Egypt and the UAE.

Abdel Rahman al-Qaradawi, who holds dual Egyptian and Turkish citizenship, was arrested in Lebanon on December 28 after returning from Syria. His arrest followed an Interpol red notice issued based on an in absentia ruling by an Egyptian court sentencing him to five years in prison for spreading false news, inciting violence, and terrorism. Before his arrest, Qaradawi appeared in a video filmed at the Umayyad Mosque in Damascus, where he made remarks considered offensive to both Egypt and the UAE.