
Displaying items by tag: Islamic State
As Lafarge Cement Syria's Jalabiyeh cement plant burns again, survivors of ISIS still await justice
17 January 2024This 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.
Lafarge faces new court case in US over alleged terror funding
15 December 2023US/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.”
Yazidis apply to join criminal case against Lafarge
03 December 2018France/Syria: A group of Yazidi women have applied to become ‘civil parties’ in a criminal case brought in France against Lafarge and several of its executives for complicity in crimes against humanity and financing a terrorist organisation. The women survived rape and slavery at the hands of the Islamic State (IS) group in Iraq and Syria, according to the Agence France Presse. Lafarge allegedly made multi-million dollar payments to IS in order to continue operations at one of its cement plants in northern Syria in 2013. Lawyers on behalf of the Yazidi said that the case would allow the women, "to have their voices heard in a court of law."
Lafarge Syria is suspected of paying nearly Euro13m to IS and other militant groups to keep the Jalabiya plant running. Payments by the cement company were considered a ‘tax’ in exchange for which militants allowed free movement of the company's staff and goods inside the warzone, according to investigators.
Syria: Declassified notes from the French secret service reported upon by the Libération newspaper have revealed that the Islamic State of Iraq and Syria (ISIS) terrorist group made at least US$11.5m in 2014 from cement it plundered from Lafarge Syria’s Jalabiya cement plant.
In December 2014 the Directorate of Military Intelligence (DRM) reported that ISIS had taken control of an estimated US$25m worth of cement at the site. Subsequently in late December 2014 the DRM monitored a meeting between Turkish businessmen and IS representatives from the cement plant that took place at the Turkish-Syrian border. 65,000t of cement from the plant had already been sold for US$6.5m and another 50,000t was contracted to be sold for US$5m.
NGOs accuse Lafarge of crimes against humanity
15 May 2018France: Sherpa and the European Center for Constitutional and Human Rights (ECCHR) have argued that Lafarge should be indicted for complicity in crimes against humanity. The non-government organisations (NGO) have made the argument for the accusation in a memorandum to investigative judges examining Lafarge Syria’s conduct. Despite the indictment of several Lafarge executives the NGOs want to the charges to apply to Lafarge itself as a company. The cement producer allegedly paid extremist groups to keep a cement plant operational after the outbreak of war in the country.
“Companies have the means to fuel armed conflicts by doing business with regimes or armed groups who commit war crimes and crimes against humanity. The fight against multinationals’ impunity will necessarily imply holding them to account, in particular in countries where parent companies operate and control their subsidiaries’ activities worldwide. Access to justice for thousands of victims of armed conflicts depends on it,” said Sandra Cossart, director of Sherpa.
France: The French government reportedly asked the US not to target Lafarge Syria’s Jalabiya cement plant during military operations in 2014. Emails seen and reported upon by Reuters suggest that France's Syria envoy, Franck Gellet, asked the French Foreign Ministry to protect the cement plant while it was in Islamic State controlled territory. The request to ‘not to do anything about this site without checking with us first’ was then passed to US officials. Neither the French Foreign Ministry nor LafargeHolcim commented on the emails when asked by Reuters.
LafargeHolcim is being investigated in France over claims that Lafarge Syria had paid extremist groups to keep a cement plant operational after the outbreak of war in Syria. Six former Lafarge executives have been charged so far with financing a terrorist organisation.
France: Lawyers on behalf of the human rights group Sherpa have accused Lafarge of paying nearly Euro13m to armed groups including Islamic State between 2011 and 2015 in order to keep a cement plant operating during the Syrian civil war. They made the statement at a new conference about a preliminary inquiry into the affair, according to Reuters. The lawyers said that a large portion of the money went directly or indirectly to Islamic State and that the payments continued after Lafarge's Jalabiya cement plant was closed in September 2014. They used a figure taken from an internal report by Baker and McKenzie that was commissioned for LafargeHolcim.
Former Lafarge boss Bruno Lafont questioned in Lafarge Syria probe
07 December 2017France: Bruno Lafont, the former chief executive officer (CEO) of Lafarge, has been questioned in an investigation into the company’s conduct in Syria. Lafont was interviewed, as well as the former human resources chief Eric Olsen and former deputy managing director for operations Christian Herrault, according to sources quoted by Agence France Presse.
The investigation is attempting to determine whether LafargeHolcim’s predecessor company Lafarge Syria paid terrorist groups in Syria and how much managers knew about the situation. Lafont was the CEO of Lafarge during the period the inquiry is examining. Olsen later became CEO of LafargeHolcim but resigned after the completion of an internal review into the affair in April 2017, despite not being found personally culpable or even aware of the situation.
Lafarge Syria managers arrested in Paris
30 November 2017Syria: Three managers of LafargeHolcim were arrested in Paris on 29 November 2017 over allegations that Lafarge Syria, now part of the group, paid money to the Islamic State group in Syria in 2013 and 2014. They included Bruno Pescheux and Frédéric Jolibois. Pescheux was in charge of Lafarge Syria’s plant from 2008 until 2014. Jolibois took over in 2014 for a short while before the plant was abandoned. A third detainee was not named. Investigators are seeking to determine whether executives at Lafarge in Paris knew that payments were being made in Syria to insurgent groups.
LafargeHolcim has not commented on the arrests but has previously admitted ‘errors’ in its handling of events in Syria. It denies criminal wrongdoing and said that it had ‘put everything in place to ensure that this situation cannot be reproduced.’
A preliminary inquiry opened in France earlier in 2017 amid claims that Lafarge Syria had paid insurgent groups to keep roads clear around its plant in Jalabiya after the outbreak of war in Syria. In 2013, Islamic State representatives reportedly summoned two company managers in Syria to demand a cut of operations. They reportedly threatened to stop supplies to the plant and deliveries from it if they did not receive the money. The business is alleged to have paid Islamic State about Euro20,000/month, which represented 10% of the Euro5m that had reportedly been paid to a variety of armed groups.