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Bowoto v. Chevron: Larry Bowoto et al. v. Chevron Corporation et al.
Opinion, 10 Sep 2010, United States District Court for the Northern District of California, United States
The case arose as a result of three brutal firearm attacks upon unarmed protesters and innocent citizens in Nigeria between May 1998 and January 1999. The plaintiffs allege that in each instance, the Chevron Corporation acted in concert with the Nigerian military and police to plan, order and execute the attacks including through the participation of Chevron security personnel and equipment, the payment of funds to the military and police, and the purchase of equipment and materials including ammunition. The plaintiffs were either summarily executed, seriously injured, burned in a fire set during the attack or tortured by the military and police thereafter. Such acts were intended to force the plaintiffs to cease their protests against Chevron’s damage to the lands and the plaintiffs’ livelihood and discourage any further behaviour.
The first case of its kind to be decided by a jury trial, Bowoto v. Chevron Corporation was decided in favour of Chevron, clearing them of all liability. The present decision is an appeal by the plaintiffs, which was ultimately unsuccessful as the Court of Appeals upheld the judgement of the District Court.
Kanyarukiga: The Prosecutor v. Gaspard Kanyarukiga
Judgement and Sentence, 1 Nov 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
During the Rwandan genocide of 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.
On 6 April 1994, following the death of President Habyarimana, thousands of Tutsi civilians took refuge at the Nyange Parish, located in the Kivumu community, and were subsequently attacked. These attacks culminated in the destruction of the Nyange Parish Church on 16 April 1994. At the time of the destruction of the Church, about 2000 Tutsi civilians were allegedly confined to the church and were killed during the destruction of the church.
On 6 June 2008 the Prosecution’s request to transfer Kanyarukiga’s case to the courts of Rwanda was denied due to fears that he would not receive a fair trial there.
For the role he played in these events, the Accused was charged by the Prosecutor of the ICTR with genocide or, alternatively, complicity in genocide, and extermination as a crime against humanity. The Trial Chamber convicted him for genocide and extermination and sentenced him to thirty years’ imprisonment.
Seromba: The Prosecutor v. Athanase Seromba
Judgement, 12 Mar 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted the Accused of aiding and abetting genocide and crimes against humanity against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.
Both the Accused and the Prosecution appealed the Trial judgment. On 12 March 2008, the Appeals Chamber overturned the conviction of the Accused for aiding and abetting genocide and extermination as a crime against humanity and substituted convictions for committing genocide and extermination as a crime against humanity for his role in the destruction of the church in Nyange Parish causing the death of approximately 1,500-2,000 Tutsi refugees sheltering inside. The Chamber increased Seromba's sentence to life imprisonment.
Jurišić: Office of the War Crimes Prosecutor v. Ilija Jurišić
Indictment, 9 Nov 2007, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Ilija Jurišić was a member of the Bosnia and Herzegovina police reserve forces as well as a high-ranking commander in the Tuzla-based State Security Operational Centre. Later, Jurišić exercised control over all armed troops deployed over the territory of Tuzla. In the latter function, Jurišić allegedly ordered his subordinates to attack a column of soldiers of the Yugoslav Peoples' Army (JNA) on 5 May 1992, while this convoy had just started to withdraw from Tuzla. As a result of this attack, at least 92 JNA soldiers were killed and more than 30 others were injured.
Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs
Opinion of the Court, 28 Jun 2005, United States Court of Appeal, District of Columbia, Unites States of America, United States
Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.
The present lawsuit was brought by fifteen former “comfort women” against Japan. Having been unsuccessful before the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit, the Supreme Court vacated the decision of the Court of Appeals and remanded the case. By its decision of 28 June 2005, the Court of Appeals once again dismissed the appeal on the grounds that the Appellant’s claims were non-justiciable under the political question doctrine as they would require the Courts to interpret treaties concluded between foreign States.
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