The Swiss government should be thanking Cosar and giving him medals, instead of putting him on trial. This by-the-book punctiliousness will be Switzerland’s undoing.
“Former Swiss officer Johan Cosar on trial for fighting IS,” by Imogen Foulkes, BBC News, February 21, 2019:
Johan Cosar went to Syria not to fight for the Islamic State group, but against them. Now, the former Swiss army officer is facing a military tribunal back home.
He is charged with joining a foreign army and thus undermining Switzerland’s neutrality and security.
Mr Cosar makes no attempt to hide his actions and remains proud of them.
“The law forbids fighting for a foreign force,” an army spokeswoman said. “Who that force actually is, is irrelevant.”
Mr Cosar was born in Switzerland, and is a Swiss citizen. But his grandparents have Syrian roots, and the Cosar family are members of the Syriac Christian community.
Now 37, he says he originally travelled to Syria to work as a freelance journalist, but when he saw that Islamist groups were advancing on Christian communities he felt he had no choice but to defend them.
He helped to found the Syriac Military Council, recruited for it, and readily shared the military skills he had learned in the Swiss army, among them weapons training and setting up checkpoints. At the height of the fighting, he was in charge of more than 500 men.
Violation of Swiss neutralityWhen he returned to Switzerland, he was arrested. Joining a foreign army without the explicit permission of the government is forbidden under Switzerland’s military penal code.
There are good historic reasons for this law: for centuries young Swiss men left their then-poor country to fight abroad. Swiss mercenaries were recruited by Napoleon, by Spain, the Netherlands, and even the British. But once Switzerland established itself as a neutral country, its government decided it could be awkward to have Swiss men fighting on multiple sides of Europe’s wars, and forbade the practice.
Nowadays, the only legal Swiss troops abroad are the Swiss Papal Guard in Rome.
So now Mr Cosar is sitting in a military court, being tried by the Swiss army’s top lawyers. The opening of the trial was greeted by a small demonstration of his friends and family, carrying banners proclaiming “fighting Islamic State is not a crime.”
Mr Cosar himself has suggested he deserves a medal, not a trial, because he was “fighting terrorism” and protecting Christian minorities in Syria from, he believes, certain death….
Gwendolyn Elissale Mugliston says
Stories like this make me ashamed of being human. Only humans can degrade good works and good intentions by any manner defined into something to be defiled. Switzerland is clearly a fascist state and no good deed goes unpunished there. I wonder how many good ol’boy Muslims work in the Swizz government? Have the Muslims infiltrated there as they are doing here in the good ol’ willfully ignorant USA? It is a shameful time we are in. And we will rue the day we became part of the caliphate.
Incidentally, I have tried and tried to get my friends and family members to read the Qur’an, Jihadwatch.org, and the news from Europe. They just don’t want to know. Ignorance is bliss and if I ignore the problem it will “go away” apparently. In fact, my requests have gotten me unfriended and actually one daughter has “divorced” me as her mother. The reason? I am clearly islamophobic and they can’t tolerate that. Really?
gravenimagehave s says
I’m afraid this kind of denial is rife. I’m sure most of us here similar grim stories–I know I do.
Don’t give up!
gravenimage says
The above comment is from gravenimage.
Rufolino says
Continue to be strong, Gwendolyn ! Kudos for your integrity !
CRUSADER says
Keep Up The Good Fight !
++++++++++++++++++++
Frank Anderson says
An incredibly valuable demonstration of the wisdom of some legal systems. Where a rule makes sense it should be followed. Where it does not make sense, it should be changed or an exception made. The problem could be the confusion in some “minds” between national neutrality, and individual desire to resist obvious war crimes and crimes against humanity. To the extent prosecutors have discretion in bringing these charges, they should be dropped, or sanctions (UN WAR CRIMES prosecution) imposed for groundless prosecution.
The Treaty of London (1945) which established the United Nations created and defined war crimes, overriding any law of any member country, including Switzerland, imposing a DUTY on ALL persons to act to prevent war crimes. The defense of “superior orders” was abrogated/terminated/destroyed whether those orders came from superior individuals or a nation’s laws. The accused was performing his duty under the highest law in the world to resist war crimes.
Terry Gain says
Excellent, Frank Anderson. I was thinking of the defence of necessity but your legal analysis Is better. I assume Cosar’s lawyers are aware of the Treaty of London. Prosecutions are always discretionary and this one shows not just poor judgement, but a lack of common sense and humanity.
Frank Anderson says
TG, lack of common sense and humanity are too soft. Anyone charged with prosecuting violations of law must be accountable for false prosecutions. Do some reading about what happened to FORMER NC prosecutor Mike Nifong for his false prosecutions of the Duke Lacrosse players.
Frank Anderson says
TG, additional, I wrote a research paper while trying to do a career change/restart in accounting school, titled The Nuremberg Rule in the Workplace. The paper started with the US law imposing a “100 percent penalty” on any corporate person with check signing authority who permits or participates in failing to remit “trust fund taxes”, those collected from employees but not remitted to the IRS.
The case starting the discussion was Howard v. United States, 711 F.2d 729 (5th Cir. 1983). The choice between being fired and breaking tax law did not shield the employee from prosecution. The paper was used as a plan for litigation on behalf of “ethical resisters” or “whistleblowers” who are being punished for performing their legal duty to refuse to assist, and to resist, illegal conduct.
The paper has been reviewed by a number of lawyers, including one of my law school professors, and the state bar. It has been published. You should be able to guess who is the primary person motivating the research and litigation. There was enough success to make the effort worth considering for further litigation.
Please consult a currently licensed and practicing attorney in your jurisdiction for any legal advice.
Angry Aussie says
Australia also has Foreign Incursion laws and returning fighters, regardless of whether ISIS or not, face charges. Ridiculous really when the enemy appeats to be afforded greater protection.
Frank Anderson says
Please as an Australian lawyer whether the UN treaty should control Australian law to the contrary.
Under Article 6 Clause 2 (The Supremacy Clause) of the US Constitution, the Treaty governs conflicting US law, and almost certainly does with all UN member countries.
Margita says
Aidan James has been in Belmash prison since his return last February for fighting ISIS
https://youtu.be/IuxTtlcw6Xw
gravenimage says
*Good*.
Frank Anderson says
Was James fighting “FOR” or “AGAINST” ISIS? If :”against”, he was performing his duty under international law, and I would suggest his prosecution for obeying international law is a war crime for which the prosecutor, judges and all other involved officials should be prosecuted. The fact that ISIS was committing all manner of war crimes is enough to establish performance of duty, whether those war crimes are prosecuted or not. As a practical matter, many of the perpetrators are dead; and therefore beyond the reach of human law (which they were taught has no importance anyway). National law commanding support of war crimes is invalid and not a shield to those who fail to resist.
This is to me the same as the Nuremberg defense-“I was acting in compliance with superior orders to murder, enslave, conquer. . . .”; which was ended in 1945. Swiss law cannot be allowed to overturn the foundation of internationally accepted requirements. Superior orders, whether from individuals ordering individuals or governments ordering individuals cannot compel a person to commit war crimes, or punish him for refusing to stand idly by while able to resist.
gravenimage says
+1
Gene says
Many years ago I lived in Switzerland. The older WWII generation used to brag about how tough they were against Hitler, who they claimed was afraid of attacking them. In reality Hitler just couldn’t be bothered. The Swiss did nothing during WWII except turn back Jewish refugees to certain death and intern the occasional bomber crew. They actually helped Hitler persecute and kill Jews and others.
Generally, the neutrality law might be a good thing, but now as then it’s just an excuse for the Swiss to look the other way while millions of innocent people are murdered by an evil ideology. I agree with Johan Cosar, he deserves a medal and praise, not a trial.
Gene says
I should add, Cosar should be promoted, because now the Swiss finally have an officer with actual combat experience. Something that they desperately need rather than the 9 to 5 officer corps they currently have. A while back, a hijacker was able to fly a jet into Switzerland and land at an airport without any response because the Swiss Air Force had gone home for the weekend.
Mac-101 says
Gene, Look up François Genoud the NAZI SS Swiss Banker. I had an ole Waffen SS Officer tell me in 1986 that he and Soros were the most dangerous men in the world. He actually said Soros got his start up from him. I could never finds a link though once the Internet got up and runnin.
gravenimage says
Mac, you are right about François Genoud and Nazis–a nasty piece of work. He never lost his love of the Nazis, and said he wished Hitler had won the war.
Unsurprisingly, he also funded Muslim Middle Eastern terror groups after WWII, including the PLO. His links to this date back to his friendship with the Grand Mufti who spent the war in Berlin.
And Mac, Pamela Geller–who has often allied with Robert Spencer–does indeed have some information on Genoud and Soros:
https://gellerreport.com/2006/10/soros_and_the_n.html/
Mac-101 says
Thanks for the link. I spent days lookin on the internet years ago BEFOR the 1984 Memory Hole for anyone to say Soros and Genoud had a connection but never found ANY! Why didn’t the Mossad take him out years before and especially AFTER the Munich Olympic Massacre? Thanks for the Soros connection to Genoud. It may not be real but at least someone else believed it 20 years after an ole repentant NAZI told me.
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That ole NAZI also told me Odessa was real and the TOP Rats did skate out of the Burning 3rd Reich with ALL the money while ALL the regular Joes where fightin for survival. He also told me that massive amounts of Waffen SS units practically immediately surrendered as soon as they where transferred to the Western Front in 1944 since they almost ALL lost faith in Hitler and the NAZIs but they had no alternative but to fight to the death on the Eastern Front. Their goal was to leap off the back of the runnin Tiger before it consumed them and to facilitate the Allie Advance into Germany to git to Berlin before the Russians. He was one of them who’s Waffen SS unit surrendered in mass. My latter research into this supports his statements.
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Just think how ignorant we would be if we didn’t have the Internet and brave people like Robert Spencer to stand up and speak Truth to power. I traveled/lived ALL over the world, Islamic Paradises and Germany and Italy and never would have believe the Elites would purposefully encourage the Islamic invasion of Europe and even more ridiculous the return of War Criminals who are worse than the Bolsheviks and NAZIs wrapped up together! THEN GIVE these Murderers back their Welfare!
Mac-101 says
This same ole NAZI stated that Hitler gave his Globalist Speeches under the Pillar of Victoria that sat one half mile from the real Temple of Zeus (Satan) in Berlin. When Obama visited Germany for the first time he did NOT speak at the Brandenburg Gate as ALL other US Presidents did but under the Pillar of Victoria. (Zeus’ Female Charioteer) which the statue was taken off the False Flag burned out Reichstag!
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He also stated that Hitler meditated there and after WWII Stalin had the Temple relocated to Moscow and meditated there also. I have always been interested in Hitler and Communist and their involvement of the Occult since I have read that Marx was into the Occult also. These people just like our Neo Bolshevik Progressives are ALL children of Satan, whether they know it or NOT! Funny how close Stalin is to Satan in English!! After Yeltsin became President he immediately had the Temple removed back to Berlin sayin it was too Evil to remain in Mother Russia.
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Lastly on this thought, Obama accepted his first acceptance of the Democrat Party Nomination for President in front of a Mock up which was something like over 75% replica of the Temple of Zeus!
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I believe you ought to be able to confirm ALL of the above on reasonable websites, at least as of 10 years ago.
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I would like you to look into his claim that he was on a detail that was ordered to remove ALL the rich Jews in Vienna after the Unification of Austria and Germany. He calmed that his detail was ordered to remove the Patriarch of the Vienna Rothschild and escort him to Switzerland. The Ole Man to his Credit refused to leave his chair and leave his beloved Vienna.; The NAZIs were instructed NOT to touch or hurt him so they picked up the chair with him in it and carried it to the truck and put him and the chair in the truck. Drove the Truck to the Swiss Border and carried the ole man Rothschild and the chair across the border. Crazy story which I could never back up with any source on the internet.
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This ole man also made claim as I stated that Odessa was real and that Hitler had insured that enough money and organization was emplaced to achieve Globalist aims. The Bilderberger Group was just one arm of many organizations to accomplish this constructed by a SS Colonel . He said he has deep remorse that during the entire war he never saw a rich Jew which Hitler preached against being persecuted or murdered, just Jews who were poorer than him and his people. He even said that François Genoud was the most Evil man in the world as of 1986 and that Soros was right behind him. I never heard of either at that time!
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As I stated, just some ramblings of an ole repentant NAZI back in 1986 to a US Army Aviator stayin overnight, drinking a few Beers and eating Jagersnitzle at old German POWs requests showing their gratitude for the human treatment they received from their American Capturers! . I spent 3 years on blanket TDY orders flying tactical Nuclear weapons around Germany and probably bi-weakly had ole timers tell me stories in their good English after I butchered up my equalivent three year old ability to speak German.
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Don’t git mad. Just think a little what I said and how it is now panning out in America with the Democrats complete turn to ALL that is Evil! Satan Lives and is the Prince of this World. Good People refuse to combat EVIL! Only a very few are willing to stand up and Speak Truth to Power and face this scourge against humanity. It will NOT go away as we see by burying our heads in the sand.
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Good day and G-d Bless you Gravin.
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mortimer says
Swiss mercenaries have been used for HUNDREDS of years by various countries because they were generally considered to have HIGHLY ADVANCED and EFFECTIVE military methods.
The British Army has used thousands of these Swiss mercenaries over the last few centuries, both as troops and officers.
mortimer says
It should not be illegal to combat genocide.
Gene says
That would mean allowing people to fight Islam any time they want.
Frank Anderson says
Mortimer and Gene, it is illegal NOT to combat genocide, which is a war crime and crime against humanity. Do some reading on the Treaty of London and the War Crimes trials conducted after WWII. EVERY UN member country has ratified the treaty and made its law superior to theirs. Every individual has a LEGAL DUTY to resist war crimes.
Please consult a currently licensed attorney practicing in your jurisdiction for any legal advice.
CRUSADER says
Papal Swiss Guard seems to be a loophole in this extreme policy of Switzerland, so it really should be allowable for a sentient Swiss citizen to do what his conscience tells him, if he is upholding certain values.
Those values do need delineating and underlining. For such an old democracy, individuals can get pinched for thinking for themselves, it seems.
sheliak says
If they’re smart, the Swiss government will split the difference and convict with a suspended sentence.
Frank Anderson says
Any conviction of this man for fighting against war criminals is itself a war crime. Just as no Swiss official can lawfully order anyone to commit a war crime, neither can the Swiss government order a war crime or commit a war crime by punishing a person who resists.
Think of the Germans who attempted to kill Hitler in 1944. Under German law they were for the most part tortured and executed if identified; and many who had little or nothing to do with the plot were killed along with them. But the members of the plot were resisting every war crime being committed by both the German government and officials, and were performing their DUTY that was recognized after the events by the Treaty of London (1945). The duty to refuse to obey superior orders has now been established about 74 years in the past, not 1 year in the future, by a legal agreement that EVERY country, including Switzerland, accepts as its supreme law when joining the UN.
Any conviction whether with a suspended sentence or not, is a violation of the rights and duties of the falsely accused officer. It insults and tarnishes the name of a man who deserves honor.
gravenimage says
Switzerland: Former army officer on trial for fighting AGAINST the Islamic State
………………
How insane is this?
Laura says
And, returning Jihadists are…allowed back and without consequences?
Mac-101 says
Exactly. They deserve the Nurnberg Treatment! Crimes against Humanity!
Frank Anderson says
Mac, I think you see correctly that the wrong person is being prosecuted. Every nation has some claim to authority (jurisdiction) to prosecute war crimes committed anywhere in the world. At the same time no nation which has ratified (approved and joined) the United Nations treaty has authority to punish anyone who fights against war crimes, unless of course that person has also committed war crimes. In that event the international charge of war crimes should be prosecuted and not the overridden national law that is used to shield war criminals. Best wishes always.
Mac-101 says
I just see the complete uprooting of ALL that is Good becoming Evil and what is Evil becoming Good. just as the Good Book says. Trump is a good example. As a Top Notch LAUYER you KNOW we ALL can be charged by the IRS and the Judiciary system if we own a business. Sometimes as a Battalion Aviation Safety Officer I’d have to break on OSHA Regulation to pass a EPA one and when the OSHA came to inspect I’d break the EPA Law to comply with the OSHA Law. Call the IRS on a moderate difficult tax problem three times and you git three answers. Yet the IRS will prosecute you?
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As Manafort demonstrates, he is guilty. But NO MORE guilty than 4 to 40 thousand other DC swam Critters. As for Trumps Tax returns, release them AND ALL of Congress and Top Government officials two years prior and 5 years AFTER government service and lets see who the multi million dollar crooks really are. A whole lot of Billions of Assets could be seized. LOL!
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I will NOT go on to the mishandling of highly classified INFO. Wiener just got out of prison and he had ABOVE TOP Secrete Classified Info mixed with his Kiddie Porn!
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Some Pigs are MORE Equal than other Pigs!
Frank Anderson says
Mac, do you think there is any possibility that either of us will stop fighting?
Telephone calls are not sound ways to deal with tax issues. Consult an attorney or CPA and learn about submitting a letter for a ruling. A written response to a clearly presented question is binding on future action, while a telephone consultation is extremely weak. When the written ruling is followed, it should be a strong, nearly absolute, defense should any challenge be made.
I have told every person who will listen since law school: “The Fear of the Lord is the beginning of Wisdom; The healthy respect of IRS and ATF is a very sound second step.” I have dealt correctly with both to my great satisfaction and peace. I urge anyone who wishes to avoid trouble to take all steps necessary to follow the law. This is truly an example of “an ounce of prevention. . .” and “if you don’t have time to do it right the first time. . .”
Mac-101 says
Frank, I used the Telephone call for guidance to the IRS because it is done every year by some news organization , or at least until Obama became president, to illustrate the subjective nature of the tax codes.
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I personally have used a CPA for 25 years since I have had a cattle farm and have never been audited. In fact I usually pay a couple grand extra just so if I do git audited I can turn it back on them and file amended returns for the previous years.
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I rally am surprised I have not made the LIST yet of those irredeemable deplorables proven to be harassed by the IRS, yet NO indictments yet! LOL!
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You don’t think Trumps’s Tax attorneys got a letter on the ruling for his New Jersey Casino losts before he submitted his taxes and they were approved? THEY still are trying to dig dat one up after how many years? !
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These Progressives are extremely dangerous and once in POWER with Total Control we can kiss our Freedom and our lives goodby!
Frank Anderson says
Mac, when dealing with high-risk issues, belt and suspenders can be a good idea. I had two outstanding tax professors in law school and 2 more super-qualified tax lawyers as guides in and after accounting school. They all made a great impression on me to follow the rules at all times, taking nothing but deductions that can be supported, and reporting all taxable income. I think you are correct on the variation of responses of telephone calls-making reliance on their guidance subject to risks your tax preparer can explain. There are advantages your preparer can explain in being able to do research in tax literature published both by IRS and such private sources as CCH. “Don’t cross the boss!” We agree on the rising risks. “Learn from others mistakes/problems/errors; They are too painful and expensive for us to repeat.”
Mac-101 says
Frank, we can reduce our target but we can NOT be afraid of them. I predict that the 2020 election will be hugh for the Progressives if for no other reason than demographics and that the massive voter fraud in 2016 and 2018 have NOT been prosecuted. By 2021 the USSA will be takin form and by 2022 the Fema camps will be fillin up. Best to say what we need and are able to say NOW while we have the chance.
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The window is rapidly closing! We are no longer a Nation of Laws. The Deep State runs it ALL for THEIR Masters!
David Huffman says
If he and his family would want to come to America then we’d love to have him! He is precisely the kind of courageous, ingenious, persistent and do what is right no matter what immigrant we long to have here. God bless him.
UNCLE VLADDI says
Re: “Nowadays, the only legal Swiss troops abroad are the Swiss Papal Guard in Rome.”
So if he’d been fighting FOR ISIS, he could have claimed he did so as a proxy on behalf of Commie Pope Francis, who would have probably openly and proudly endorsed and championed his appeal!