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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.


Case 002/02

Case 002/02 Judgement, 16 Nov 2018, Trial Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia

From April 1975 to January 1979 the Khmer Rouge committed numerous crimes to create their socialist state. Case 002/02 was limited to prosecuting the crimes that occurred at security centers and worksites, including the executions of enemies and elites, forced marriages, and other inhumane treatment. In addition, the case included the genocide of the Vietnamese, who were fighting the Khmer Rouge forces, and the Cham peoples, who were persecuted for their religious and ethnic identity.

On 16 November 2018 the Trial Chamber found Nuon Chea and Khieu Samphan guilty of crimes against humanity (including rape, forced marriage, and murder), grave breaches of the Geneva Conventions and genocide of the Vietnamese. The Chamber also convicted Nuon Chea of the genocide of the Cham peoples.

The accused were found guilty based on their leadership roles within the Communist Party of Kampuchea; Khieu Samphan had various roles, including President of the State Presidium, and Nuon Chea was the Deputy Secretary of the party. The Trial Chamber ruled that the accused failed to prevent and punish the crimes that occurred, even though they knew or had reason to know the crimes were being carried out.

Both accused were sentenced to life imprisonment.


Samardžić : Neđo Samardžić v. The Prosecutor

Verdict, 13 Dec 2006, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.

The first instance Court sentenced Samardžić to imprisonment for a term of 13 years and 4 months. Where in first instance the accused was found guilty of 4 counts, on appeal the Appellate Panel established that the accused had committed the acts in counts 1 through 9. Furthermore the Court found that there were several aggravating circumstances, such as the fact that the accused repeated the acts, he expressed particular brutality, which caused severe physical and mental pain to the injured parties and the fact that at the time of the crimes some of the injured parties were still very young girls. Moreover the accused had a prior conviction for murder. Therefore on 13 December 2006, believing that it corresponded with the degree of his criminal responsibility, his motives and the intensity and degree of the protected value, theAppellate Panel found Samardžić guilty of Crimes against Humanity and sentenced him to an imprisonment of twenty-four years, more than ten years more than in first instance.


Kruger v. The Commonwealth of Australia: Alec Kruger and others v. The Commonwealth of Australia

Order, 31 Jul 1997, High Court of Australia, Australia

Eight inhabitants of the Northern Territory (Australia) who had been taken from their families between 1925 and 1944 under the Aboriginals Ordinance of 1918 (which allowed the forced removal of children of mixed Aboriginal descent), and a mother, Rose Napangardi McClary, whose child had been taken from her under the same law, sought a declaration that the Ordinance was unconstitutional. They instituted legal proceedings in 1995. In July 1997, the High Court rejected all their arguments and held that the Ordinance was not unconstitutional.


Suratman: Ad Hoc Public Prosecutor v. Tono Suratman

Judgment, 13 May 2003, Indonesian Ad Hoc Tribunal for East Timor, Indonesia

Following violent clashes between two groups, one in favor of independence of East Timor and one against it, people of the former group sought refuge. In Liquiça, they hid in a church. In Diri, they hid in the house of one of their foremen. The attacks by an anti-independence militia caused the death and injury of many. It is claimed that several soldiers took part in the attacks. The question was whether the commander, Suratman, present in the area at time of both attacks, could be held responsible for what happened.

According to the Indonesian Ad Hoc Tribunal for East Timor, this could not be done. The involvement of his personnel could not be established and it considered the militia to be completely separate from the military. Thus, the Tribunal established that he had no effective control over those who actually committed the Crimes Against Humanity. The Tribunal could not conclude that Suratman had not taken enough action to prevent human rights violations from taking place. According to the Tribunal, he was there to look for a solution to the best of his abilities. Suratman was acquitted, which added to the international community’s concern about the effectiveness of the Tribunal.


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