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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.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 14 Oct 2005, United States District Court for the District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed. The Court allowed the case to proceed in part. The plaintiffs had attempted to bring the suit under federal statutes which allow aliens to sue for violations of human rights. The Court dismissed these claims for several reasons, including that these claims could not be assessed without passing judgment on another country, Indonesia, which the Court refused to do. Also, claims were dismissed because they had not been pled adequately.
Claims based on state laws were allowed to proceed, although claims against a corporation in which Indonesia owned a majority interests were dismissed because ruling on this company would mean passing judgment on Indonesia. The Court also cautioned the parties to be careful not to intrude into Indonesian sovereignty during further proceedings.
El-Shifa v. USA: El-Shifa Pharmaceutical Industries Company et al. v. United States of America
Memorandum Opinion, 29 Nov 2005, United States District Court for the District of Columbia, United States
In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plant had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.
In November 2005, the District Court found that El-Shifa Pharmaceutical Industries failed to show that the US waived its sovereign immunity regarding the asserted claims. Furthermore, the case presented a non-justiciable political question (which foresees that courts have no authority to hear or adjudge on matters that raise political, rather than legal, questions). This meant that the District Court did not have jurisdiction to hear the plaintiff’s claims. Accordingly, the District Court dismissed the complaint.
Al Anfal
Special Verdict, 24 Jul 2007, Iraqi High Tribunal (Second Criminal Court), Iraq
In 1988 the Iraqi government, under the leadership of Saddam Hussein launched a military campaign against the Kurdish population residing in northern Iraq. In eight operations from February until September of that year, both conventional and chemical weapons were deployed against the citizens of Kurdish villages resulting in the deaths and injury of hundreds of thousands. Others were executed in the following raids, their homes were looted and entire villages were burned to the ground. Others still were transported to prison camps where they were starved and detained in inhumane conditions. This campaign became known as the Al Anfal campaign and was the subject of the Iraqi High Tribunal’s second case (the first one being the Al Dujail-trial).
Seven defendants, including Saddam Hussein and his cousin Ali Hassan Al-Majid ("Chemical Ali"), were brought before the Court. Charges against Hussein were dropped when he was executed in the course of the trial as a result of his conviction in another proceeding. By a verdict of 24 June 2007, the Tribunal convicted five of the remaining six defendants for charges of genocide, crimes against humanity and war crimes. One of defendant, Tahir Tawfiq Yusif Al-'Ani, was acquitted for lack of evidence. Chemical Ali and two military commanders were sentenced to death by hanging; the other two were sentenced to life imprisonment.
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