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Barhoumi v. Obama et al.: Sufyian Barhoumi v. Barack Obama et al.

Order, 3 Sep 2009, United States District Court for the District of Columbia, United States

Sufyian Barhoumi is an Algerian nation who was allegedly providing assistance to al-Qaeda through buying certain electronic components needed for the building of remote-controlled explosive devices and through providing training to build such bombs. In July 2005, Barhoumi filed a petition for a writ of habeas corpus (a legal action allowing a detained person to challenge the legality of his/her detention).

The District Court’s opinion remained confidential but in the subsequent judgment of the Court of Appeals, its findings and reasoning has been summarized. The District Court denied Barhoumi’s petition on the grounds that he was properly detained under the Authorization for Use of Military Force of 2001.


Al Bihani: Ghaleb Nassar Al Bihani, Appellant, v. Barack Obama, President of the United States, et al., Appellees

Appeal from the United States District Court for the District of Columbia, 5 Jan 2010, United States Court of Appeal, District of Columbia, Unites States of America, United States

Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit. Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. On appeal, the Court of Appeals for the District of Columbia dismissed Al Bihani’s appeal.


Ahmed v. Magan: Abukar H. Ahmed v. Abdi Aden Magan

Stipulated Revised Pretrial Order, 10 Jan 2011, United States District Court for the Southern District of Ohio, Eastern Division, United States

Colonel Abdi Aden Magan, the defendant, was a member of the Marehan sub-clan of the Darod clan and held high positions (as Colonel and Chief) at the National Security Service (NSS) of Somalia. The plaintiff, Abukar Hassan Ahmed, was a human rights attorney and law professor at the Somali National University. He was detained at the NSS for approximately three months. During his detention, he suffered severe physical and psychological injuries.  Ahmed claimed that, as a Chief of NSS Investigations, Colonel Magan was responsible for ordering and participating in his interrogation and torture.


Al-Zahrani & Al-Salami v. Rodriguez et al.: Al-Zahrani and Al-Salami v. Rodriguez et al.

Appeal from the United States District Court for the District of Columbia (No. 1:04-cv-01254), 21 Feb 2012, United States Court of Appeals, United States

Yasser Al-Zahrani of Saudi Arabia and Salah Al-Salami of Yemen were detained at the US Naval Base at Guantanamo Bay (Cuba) from 2002. In 2006, both Al-Zahrani and Al-Salami allegedly committed suicide in their cells.

In January 2009, their families brought a civil complaint, seeking damages for the arbitrary detention, cruel treatment and torture of the two detainees. In February 2010, the US District Court ruled that the claims were barred by the 2006 Military Commissions Act since under Section 7 of the Act, the men had been properly detained, thus barring the court from having jurisdiction over the case. 

In March 2010, the Plaintiffs filed a motion for reconsideration on the basis of newly-discovered evidence. In September 2010, the District Court rejected the motion on the grounds that the new evidence did not change the previous ruling. 

On 21 February 2012, the United States Court of Appeals affirmed the dismissal of the claims by the families of Al-Zahrani and Al-Salami on the grounds that it lacked jurisdiction over the subject matter of the action pursuant to the provisions of the Military Commissions Act.


Case 002/01

Appeal Judgement, 23 Nov 2016, Supreme Court Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia

Case 002/01 concerns the charges of crimes against humanity against Khieu Samphan, former Head of State of Democratic Kampuchea and Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea, committed during the forced evacuation of Cambodians to labour camps and for the executions that occurred at Tuol Po Chrey. On 7 August 2014, the Trial Chamber found both accused guilty and sentenced them to life imprisonment. Both the Prosecution and Defence appealed the decision. 

The Supreme Court Chamber on 23 November 2016 issued an appeals judgement reversing some of the convictions and affirming the rest. At issue in the appeal was whether the Trial Chamber correctly defined the elements of the murder and extermination crimes against humanity. The Supreme Court Chamber affirmed the murder definition and charges, while finding that extermination requires that the accused had the direct intent to kill on a large scale. Under this definition, the Chamber reversed the convictions for the crime of extermination. The Chamber found insufficient evidence to support convictions as there were too few witnesses to support key facts beyond a reasonable doubt. Even with this reversal, the Supreme Court Chamber affirmed the life imprisonment sentences of both accused.


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