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Khalid Shaikh Mohammad et al.: United States v. Khalid Shaikh Mohammad et al.

decision not yet available, Military Commission, United States

Khalid Sheikh Mohammed, a Pakistani of Kuwait birth, is the self-confessed mastermind of the 9/11 attacks on the United States which claimed the lives of nearly 3000 people.

Captured in Pakistan in 2003, he has been in United States custody, most recently at Guantanamo Bay, ever since. Mohammed, along with four other 9/11 planners, were charged and tried before a United States Military Commission in 2008 until charges were dropped in 2010. Following a failed attempt to transfer the five co-defendants to new York to stand trial before a civilian federal court, they were indicted once again in February 2011. Their trial is currently underway before the Military Commission at Guantanamo Bay.


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.


Fernandez (Joao): The Prosecutor v. Joao Fernandez

Sentencing Judgement, 25 Jan 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

From 1975 until 2002, Indonesia illegally occupied East Timor. This period was characterised by a number of abuses perpetrated against independence supporters by members of the Indonesian Armed Forces and local militia groups.

The Accused, Joao Fernandez, was a member of the pro-autonomy Dadarus Merah militia. In September 1999, he (and others) were armed with samurai swords and received orders from the militia leader that they were to go to the district police station and kill all the males. In carrying out this order, the Accused murdered a known independence supporter by stabbing him twice in the back with his sword. This was done in full view of the victim’s daughters. Fernandez pleaded guilty to the charge of murder and he was sentenced to 12 years’ imprisonment by the Special Panels. Interestingly, although a number of murders were committed that day in the militia attack, the Prosecutor claims that he did not charge the Accused with murder as a crime against humanity (a more serious offense) due to the lack of evidence.


Morreira: The Prosecutor v. Florindo Morreira

Judgement, 19 May 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor

From 1975 until 2002, Indonesia illegally occupied East Timor. The Indonesian Armed Forces along with a number of militia groups, including the Aitarak militia, perpetrated countless abuses against the civilian population and especially pro-independence supporters. One such incident occurred on 31 August 1999 at an Aitarak militia checkpoint where two individuals were searched and identified as being members of a pro-independence organisation. They were beaten to death.

The Accused, Florindo Morreira, was alleged by the Prosecution to have been involved in the beatings and actually stabbed one of the victims with a samurai sword. However, the two witnesses that were called provided unreliable and contradictory evidence. The Court therefore acquitted the Accused, finding that withdrawing the indictment alone was insufficient to guard against double jeopardy as the Accused could be indicted again by the Prosecutor in the future for the same conduct if new evidence comes to light. 


Doe v. Saravia: J. Doe v. Alvaro Rafael Saravia et al.

Judgment, 24 Nov 2004, United States District Court Eastern District of California, United States

On 24 March 1980, Archbishop Oscar Arnulfo Romero was killed in the Chapel of the Divine Providence Hospital in San Salvador. The killing was planned and coordinated by officers of the Salvadoran military, including Alvaro Rafael Saravia. As a result of the influence of these persons, no one was convicted for the killing of Archbishop Romero.

In 2003, the Center for Justice and Accountability (CJA) filed a suit on behalf of relatives of Archbishop Romero against Alvaro Rafael Saravia, who went into hiding after he was served with the complaint.

In November 2004, the U.S. District Court Eastern District of California found Saravialiable for the assassination of Archbishop Romero and awarded a total of $10,000,000.00 in damages.


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