Cement giant to face charges of complicity in crimes against humanity in Syria

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A French court of appeal has issued a precedent-setting ruling that global cement giant Lafarge must face charges of "complicity in crimes against humanity" in Syria during the height of the country's brutal civil war.

The ruling is the latest development in the long-running legal case - about to enter its sixth year - and has caused a public storm in France. Lafarge is a flagship of French industry and the court ruling marks the first time that a company, as a public entity, has faced charges of such magnitude in the country.

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The case revolves around the Ar-Raqqah cement plant in Jalabiya, in northeast Syria. Lafarge had invested €680 million in the facility, which opened in 2010, just a year before the civil war broke out, and which remained operational for more than three years after - a long time after all its western counterparts had left.

Other charges of "endangerment of the lives of others" were also upheld by the court, pertaining to €13 million that was allegedly transferred via middlemen to ISIS and other jihadist groups in 2013 and 2014 in return for the factory staying open.

It is also alledged that Lafarge bought raw materials from various extremist groups, and negotiated safe passage for its workers as part of the deal. Despite this, nine factory employees were taken hostage in 2012, for which the company then paid an alleged €200,000 in ransom money. 

In 2014, the cement maker finally left Syria after ISIS seized the facility.

Lafarge contends that it has no responsibility for the money-making its way into the hands of terrorist organisations.

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The payments preceded Lafarge's €41 billion merger with Switzerland's Holcim in 2015, which made it the world's largest cement company.

“We strongly disagree with the Court of Appeal’s decision to retain complicity in crimes against humanity within the scope of the investigation of Lafarge SA,” said the Holcim Group in a statement, adding that the company intends to appeal against the decision in the French supreme court.

The investigation into Lafarge's Syrian activities was first launched in 2017 after criminal complaints were made by 11 former employees of the plant and two NGOs, Sherpa and the European Center for Constitutional and Human Rights (ECCHR).

In 2019, the charges of "complicity in crimes against humanity" were rejected by an appeals court, though the other charges were upheld. In September 2021, the French supreme court set a legal precedent by ruling that knowingly transferring large sums of money to an exclusively criminal organisation was sufficient to constitute complicity, regardless of commercial interests. 

"One can be complicit in crimes against humanity even if one doesn't have the intention of being associated with the crimes committed," the ruling stated.

"Knowingly paying several million dollars to an organisation whose sole purpose was exclusively criminal suffices to constitute complicity, regardless of whether the party concerned was acting to pursue a commercial activity."

Read more: Lafarge cleared of Syrian crimes against humanity but terror funding stands

It does not mean however that the firm will automatically face a trial. The court instead referred the matter back to investigating magistrates to reconsider the charge as well as the other charge of "endangering the lives of others".

"This ruling should be a strong wake-up call for companies doing business in conflict zones. Companies can no longer justify their involvement in criminal actions for financial reasons. If they enable or fuel crimes – even if they only pursue commercial purposes – they might be complicit and should be held accountable”, said Cannelle Lavite, co-director of ECCHR’s business and human rights program.

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