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Seifert: Italy v. Seifert

Sentenza (sentence), 24 Nov 2000, Military Tribunal of Verona (Tribunale Militare Di Verona ), Italy

At the end of World War II, Michael Seifert, a Ukrainian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. Here, together with another Ukrainian national, and upon the orders (or with acquiescence) of his superior Cologna, he participated in the murder and unlawful killing of internees of the Bolzano camp. In 1951 Michael Seifert moved to Canada where he lived until he was extradited to Italy in 2008.

In 2000, when he was still living in Canada, he was tried in absentia by the Military Tribunal of Verona and charged with acts of violence and murder under Articles 13 and 185 of the Military Criminal Code Applicable in Time of War. The Military Tribunal held that it had jurisdiction to try the case, as the Military Criminal Code Applicable in Time of War also applies to soldiers of the enemy’s armed forces and members of the SS (as Seifert was), are to be considered part of the Third Reich’s armed forces. The Tribunal rejected Seifert’s defence that he acted on orders of his superior, stating that the carrying out of superior orders is no defence to war crimes, as the order to commit such crimes is clearly unlawful and thus allows the subordinate to challenge it.

The Court found Seifert guilty of 11 murders and sentenced him to the maximum penalty of life imprisonment.


Chavez v. Carranza: Ana Chavez, Cecilia Santos, Jose Calderon, Erlinda Franco and Daniel Alvarado v. Nicolas Carranza

Opinion, 17 Mar 2009, United States Court of Appeals for the Sixth Circuit, United States

Colonel Nicholas Carranza served nearly thirty years as an officer in the armed forces of El Salvador. Later, he was El Salvador’s Vice-Minister of Defence and Public Security from October 1979 until January 1981. In this period, the Salvadoran Security Forces carried out systematic repression and human rights abuses against opponents of the military dictatorship that ruled the country at the time.

On 10 December 2003, the Center for Justice and Accountability and the Tennessee law firm of Bass, Berry & Sims filed a complaint against Carranza on behalf of five plaintiffs.

On 18 November 2005, a jury found Carranza guilty for the abduction, torture, insult, imprisonment and killing of the plaintiffs. He was ordered to pay $6 million in damages.

On 19 March 2009, the Court of Appeals for the Sixth Circuit upheld the jury’s verdict.


Delić: The Prosecutor v. Rasim Delić (AC)

Decision on the Outcome of the Proceedings (public), 29 Jun 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

On 15 September 2008, Trial Chamber I found Delić guilty of war crimes for his role in the events in the Livade and Kamenica Camps between July and August 1995. Delić appealed the decision but died before the Appeals Chamber could issue a judgment on his appeal. 

The Chamber was faced with two questions. First, whether the death of Delić will terminate the appeals proceedings, and second, whether this termination will render the Trial Chamber's initial judgment final. 

With regard to the first issue, the Chamber found that it only has jurisdiction when the persons before it are natural persons which implies that they are alive. This means that the death of the appellant will terminate the appeal. As concerns the second issue, now that no appeal judgment could be rendered in this trial because of the death of the appellant, the trial judgment remains in force.


German Piracy Trial

Urteil, 19 Oct 2012, Regional Court of Hamburg (Landgericht Hamburg), Germany

On 5 April 2010, ten Somalis attacked the Taipan, a container ship sailing under the German flag off the Horn of Africa. The Dutch naval forces arrested the Somalis and, on 10 June 2010, transferred them to Germany. The trial commenced on 22 November 2010, representing the country’s first piracy trial in 400 years.

On 19 October 2012, the Hamburg Regional Court found the Somalis guilty and handed down sentences ranging between two and seven years.


Al-Quraishi et al. v. Nakhla et al.: Wissam Abdullateff Sa’eed Al-Quraishi, et al., Plaintiffs v. Adel Nakhla, et al., Defendants

Opinion, 29 Jul 2010, United States District Court for the District of Maryland, Greenbelt Division, United States

In March 2003, a military coalition led by the U.S. invaded Iraq and toppled the regime of President Saddam Hussein. Coalition forces remained in Iraq as an occupying force, engaging in the process of rebuilding the country. During the occupation, the US military contracted with several private military contractors for a wide array of services the US military simply had no manpower for, due to the implications of the occupation and rebuilding process. The use of these contractors has led to certain controversy, mainly because of multiple instances where they were hired to supervise detention centres or to provide security services and ended up torturing or unlawfully killing civilians. These practices led to three big law suits by groups of Iraqis who had allegedly been tortured in prisons guarded and/or maintained by private contractors: Saleh v. Titan Corp., Al-Shimari v. CACI Inc., and the current case Al-Quraishi v. Nakhla & L-3 Services Inc.

The current case revolves around L-3 Services, Inc., a U.S. company that was hired to provide civilian translators of Arabic in connection with military operations. These translators worked at, among other places, military prisons and detention facilities in Iraq, such as the Abu Ghraib prison – notorious for the torturing of detainees – just outside of Baghdad. Adel Nakhla, a U.S. citizen from Egyptian origin, was one of the translators working for L-3 Services at Abu Ghraib. Plaintiffs – 72 Iraqis who were arrested between July 2003 and May 2008 by coalition forces and held for periods varying from less than a month to more than four years at various military-run detention facilities in Iraq, including the Abu Ghraib prison – alleged that they were innocent and that they were eventually released from custody without being charged with any crimes. They filed a complaint before the U.S. District Court for Maryland, accusing L-3 Services and its employees (including Nakhla) of war crimes, torture and other (systematic) maltreatment committed against them during their custody. These abuses included beatings, hanging by the hands and feet, electrical shocks, mock executions, dragging across rough ground, threats of death and rape, sleep deprivation, abuse of the genitals, forced nudity, dousing with cold water, stress positions, sexual assault, confinement in small spaces, and sensory deprivation. They also alleged that their individual mistreatment occurred as part of a larger conspiracy involving L-3 Services and its employees, certain members of the military, and other private contractors. L-3 Services and Nakhla responded with motions to dismiss, arguing that they were immune from prosecution and, relying on the political question doctrine, that the Court had no competence to hear the complaint.

The Court disagreed with defendants. On 29 June 2010, it rejected the motions to dismiss, noting that the alleged behaviour violated national and international law and that defendants, who were private contractors, could not rely on the political question doctrine. The case was deferred for further review under Iraqi law.


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