Facts
The second Sudanese civil war took place between the Government of Sudan, the Sudanese People’s Liberation Army (SPLA) and other armed groups from 1983 to 2005. According to a report published in 2010 by the European Coalition on Oil in Sudan, the company Lundin Petroleum (later renamed Lundin Energy and Orrön Energy) signed a contract in 1997 through a subsidiary with the Government of Sudan for the exploration and production of oil in a war zone in southern Sudan, the Block 5A concession, which was not at that time under full government control.
Lundin Petroleum allegedly paid the Sudanese army and non-state armed groups to forcibly displace the local population from oil-rich areas, in order to secure their operations. Between 1999 and 2003, around 160’000 civilians were forcedly displaced and thousands died. Other crimes were allegedly carried out in this context, including unlawful killings, rape, enslavement, torture, indiscriminate attacks, pillage and the recruitment of child soldiers.
Schneiter was the head of exploration during the relevant time period, and Lundin, the Chairman of the company. According to the prosecution, these two executives supported the government of Omar al-Bashir in conducting warfare in a way that entailed the Sudanese army and regime allied militias systematically carrying out systematic attacks against civilians.
In April 2020, Lundin Petroleum changed its name to Lundin Energy.
In July 2022, Norway’s Aker BP acquired 98% of the shares of Lundin Energy. The remaining 2%, renamed Orrön Energy, would carry the full responsibility of the Sudanese legacy. Several NGOs denounced the fact that the takeover by Aker BP will make it very difficult for the victims to ever receive compensation, and that it constitutes an abuse of company law to deny war crimes victims their rights.
Procedure
In 2010, the European Coalition on Oil in Sudan submitted to the Swedish International Public Prosecution Office its report indicating that Lundin Petroleum may have been complicit in international crimes committed in Sudan between 1997 and 2003. Swedish prosecutors opened a preliminary investigation the same year. Schneiter and Lundin became formal suspects after being questioned by prosecutors in 2016.
Under Swedish law, the prosecution of a foreign national for crimes committed abroad requires governmental authorization. On 18 October 2018, the Swedish government authorized the prosecutor to proceed with an indictment in this case.
On 11 November 2021, Schneiter and Lundin were indicted for aiding and abetting war crimes committed in Sudan between 1999 and 2003 in the context of the non-international armed conflict, with the purpose of securing the company’s oil operations in southern Sudan. According to the prosecution, the Sudanese regime systematically attacked civilians and committed indiscriminate attacks, in order to take control over relevant areas and create conditions for the oil exploration activities of Lundin Petroleum.
Later that month, Schneiter requested the District Court to reject the indictment against him claiming that Swedish courts have no jurisdiction over him due to his Swiss nationality. The District Court rejected his request and Schneiter appealed to the Svea Court of Appeal, which agreed with the lower court’s decision.
The criminal liability of private companies does not exist in Sweden, so the company cannot be charged as a legal entity. However, when a company makes a profit from a crime, that profit can be confiscated. The prosecution has therefore asked for the confiscation of around SEK 1 400 000 000 (EUR 117 000 000) from Lundin Energy, which reportedly corresponds to the profit the company made from the sale of the business in 2003. In addition, the prosecution asked for a fine of SEK 3 000 000 (EUR 252 000).
On 28 February 2022, Schneiter appealed his indictment before the Swedish Supreme Court on the grounds that there was no legal basis in international law for the exercise of universal jurisdiction against a non-Swedish national who is not present on Swedish territory.
On 10 November 2022, the Supreme Court ruled that, in the exercise of universal jurisdiction, some form of connection to Sweden is required for a crime to be prosecuted by national authorities. However, it concluded that the connection to Sweden of the crimes allegedly committed by Schneiter was sufficient for a trial to be held by Swedish courts and that there was no obstacle to it in international law. The Supreme Court hence confirmed Schneiter’s indictment.
In August 2023, the claim to confiscate around SEK 1 400 000 000 was raised to SEK 2 381 300 000 (around EUR 200 000 000).
On 5 September 2023, the trial of the two former executives began in Stockholm. It is scheduled to last for approximately two and a half years, concluding in early 2026. Thirty-two victims have joined the proceedings as civil parties, and 57 witnesses will be heard, including a former Swedish prime minister, and a former German interior minister.
At the end of November 2023, the Stockholm District Court decided that 27 plaintiffs will not be able to have their damage claims tried within the framework of the criminal trial. Rather, the issue of compensation for the victims will be addressed in separate civil cases. The Court grounded its decision on the delays that those civil claims would bring to the trial, and on the fact that the civil claims had been submitted belatedly. As a result of this decision, if the victims lose these civil cases, they will be responsible for paying Lundin and Schneiter’s legal costs. Additionally, non-EU citizen plaintiffs must furnish a security deposit to cover the estimated legal costs of the defendants, set at SEK 500 000 each (approximately EUR 44 000).
The trial is ongoing. The prosecution and the defense teams of Alex Schneiter, Ian Lundin, and Orrön Energy have completed their opening presentations.
In July 2024, the plaintiffs began testifying. During the course of 2024, over 20 plaintiffs testified.