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Bout: United States of America v. Viktor Bout
Appeal Judgment, 27 Sep 2013, United States Court of Appeals for the Second Circuit, United States
Viktor Bout, a notorious international arms dealer also known as the Merchant of Death, was alleged of trafficking weapons to several African warlords, dictators in the Middle-East and the Colombian FARC. The US Drug Enforcement Administration (DEA) decided to catch him through a sting operation in which DEA officers posed as FARC fighters and attempted to order about hundred anti-air missiles and weapons "to use against Colombian and United States nationals" in Colombia. The operation succeeded and Bout was caught by police forces in Thailand.
The US charged him with conspiracy to kill US nationals and officials and with conspiring to provide material support to a terrorist organisation (the FARC). Initially, Bout managed to have the Thai Criminal Court prohibit his extradition due to it being politically motivated. However, in appeals the decision was overturned and Bout was extradited to the US in 2010. A jury found him guilty on all charges in 2011 and op 5 April 2012, he was sentenced to 25 years imprisonment.
Bout appealed his conviction, claiming that he was innocent and that he had never intended to harm or even contribute to harming US nationals. The Court of Appeal did not agree with him, however, and his conviction was affirmed on all points.
Krofan & Andea: Krofan and Andea v. Public Prosecutor
Judgment, 5 Oct 1966, Federal Court of Singapore, Singapore
In May 1961, Malaya proposed the formation of the Federation of Malaya by amalgamating Malaya, Singapore and the British colonies in Borneo (Sabah, Sarawak and Brunei). Whilst Indonesia did not initially oppose the Federation, it did following the outbreak in 1962 of revolt in Brunei by a radical Muslim movement. From 1962 until 1966, a state of armed conflict existed between Indonesia and the Federation of Malaysia (of which Singapore was part since its merger in September 1963), otherwise known as the Indonesia-Malaysian Confrontation.
It was in the context of this armed conflict that on 14 April 1965, Stanislaus Krofan and Andres Andea set foot on Singapore/Malay soil carrying explosives with the intention of setting them off. Upon apprehension, they claimed that they were members of the Indonesian Armed Forces and had been ordered by their superiors to set off the explosives in Singapore. They were convicted by the High Court in Singapore for unlawful possession of explosives in a security area.
On appeal, the Federal Court of Singapore was asked to determine the applicability of the 1949 Geneva Conventions to Singapore at the time of the offence and determine whether Krofan and Andea were entitled to protections as prisoners of war under the Convention. By its judgment of 5 October 1966, the Court assumed that the 1949 Geneva Conventions were applicable and concluded that the appellants were not entitled to protection as prisoners of war. Although members of the Indonesian Armed Forces, they had been caught in civilian clothing acting as saboteurs.
Calley Jr.: United States v. William L. Calley Jr.
Decision, 21 Dec 1973, United States Court of Military Appeals, United States
William Laws Calley Jr. was born on 8 June 1943 in Miami, Florida. Calley was a former army officer in the United States and found guilty of killing hundreds of unarmed, innocent South Vietnamese civilians in the My Lai Massacre on 16 March 1968 which took place during the Vietnam War. After several reductions, Calley’s original sentence of life in prison was turned into an order of house arrest, but after three years, President Nixon reduced his sentence with a presidential pardon.
Barbie: The Prosecutor v. Klaus Barbie
Arrêt, 26 Jan 1984, Supreme Court (Criminal Law Chamber), France
Klaus Barbie was a member of the German SS and later the head of the Gestapo in Lyon, Occupied France in 1942. He was wanted by the French authorities for charges of crimes against humanity committed during World War II, during which time he earned the nickname the ‘Butcher of Lyon’ in recognition of his notorious interrogation style.
After the war, he was recruited by the Army Counter Intelligence Corps of the United States, which later helped him emigrate to Bolivia. When the French authorities became aware of his residence in Bolivia, an arrest warrant was issued. Bolivia expelled Barbie and, as he was disembarking a plane in French Guyana, he was picked up by French authorities and detained.
The present decision was his final appeal challenging the proceedings against him on the grounds that the statute of limitations for his alleged crimes had expired and that the French law of 1964 which held that there are no statutes of limitations for crimes against humanity was contrary to the principle of non-retroactivity of criminal law. The Supreme Court of France (Criminal Law Chamber) rejected the appeal. It held that it was a general principle of civilised nations that crimes against humanity were not subject to statutes of limitation, meaning that an individual suspected of having committed them could be prosecuted irrespective of how long ago the alleged crimes occurred.
Demjanjuk: State of Israel v. Ivan (John) Demjanjuk
Verdict, 29 Jul 1993, Supreme Court of Israel, Israel
The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas. In the Treblinka camp in Poland, a Ukrainian guard nicknamed “Ivan the Terrible” was responsible for the operation of the motor to produce the gas and for various abuses perpetrated against the individuals in those camps including severe beatings with bayonets, pipes, whips and swords.
John Demjanjuk was a Ukrainian national who had retired in the United States from his career as a car-worker. He was extradited by the United States to stand trial in Israel when evidence came to light identifying him as Ivan the Terrible. He was convicted for crimes against humanity, war crimes, crimes against the Jewish people and crimes against persecuted persons and sentenced to death. On appeal, however, new evidence was introduced that cast a doubt on the identity of Ivan the Terrible. The Supreme Court of Israel found that there was reasonable doubt that Demjanjuk was not Ivan the Terrible and could not therefore be convicted of the crimes with which he was charged at Treblinka. However, the Supreme Court did state that the evidence did identify Demjanjuk as a member of the SS and a guard at other concentration camps but, since he was not charged with crimes committed in camps other than Treblinka, he had to be acquitted.
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