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The Shell Petroleum Development Company of Nigeria Limited was involved in extracting and refining oil in the Ogoni region of Nigeria. Concerned over the devastating environmental impact that Shell’s activities were having on the region, a group of individuals known collectively as the Ogoni Nine, protested against Shell’s activities. The Ogoni Nine were detained by the Nigerian military junta on spurious charges, held without charge, tortured and hanged following a sham trial before a Special Tribunal in November 1995.

The present dispute is a class action filed by 12 Nigerian individuals, now US residents, seeking compensation from Shell for having aided and abetted the Nigerian government to summarily execute the activists in an effort to suppress protests against Shell’s oil operations. Specifically, they allege that Shell bribed and tampered with witnesses and paid Nigerian security forces that attacked Ogoni villages. In 2006, the District Court for the Southern District of New York upheld the charges for crimes against humanity of torture and arbitrary arrest and detention, and dismissed the charges against the defendants for extrajudicial killing and violations of the right to life, security and association. On appeal by both parties, the Court of Appeals for the Second Circuit held that the Alien Tort Statute does not provide jurisdiction over claims for violations of international law committed by corporations and not individual persons. Accordingly, the suit against the defendants could not continue and all charges were dismissed.

Ultimately, the Supreme Court confirmed the Appeals Court's decision, but based it on the ground that Alien Tort Statute has no extraterritorial application and thus does not apply to events that happened outside the United States.

In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.

Charles Taylor was sentenced to fifty years of imprisonment.

On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence. 

This is the one of the first cases in Europe in which a person was tried for attempting to travel to Syria to join the jihad. Mohammed G., a 24-year old Dutch national, made several preparations for his departure; he booked an airplane ticket from Amsterdam to Gaziantep (Turkey), he packed his suitcase and expressed his support for the jihad multiple times. The District Court of Rotterdam found Mohammed G. not guilty of preparatory acts for and/or the committing of terrorist crimes. However, it did find the defendant guilty of preparatory acts to commit murder. According to the Court, these acts had to be seen ‘within the framework of terrorism’.

The defendant suffered from a psychotic disorder, meaning that he suffered from hallucinations in which he heard a voice in his head ordering him to take action within the framework of jihad. On the basis of this fact, the Court found the defendant not criminally responsible and acquitted him. Instead, the defendant was ordered to spend a year in a psychiatric hospital.

Mr. Shazib Khan was found guilty by a jury verdict for planning to travel to Syria and join Islamic State in Levant, a terrorist organisation. In preparation for the travel, Mr. Khan had purchased items for use in Syria and he had also expressed his desire for martyrdom to others who had previously joined ISIL. His case was heard alongside that of his older nephew, Mr. Junead Khan, and he was later sentenced to 8 years’ imprisonment.

Ahmad al-Y. was accused of two crimes: the war crime of outrage upon personal dignity and participation in a terrorist organisation. The court finds that the accused fought in Syria alongside the terrorist organisation Ahrar al-Sham and he is therefore convicted of participation in a terrorist organisation.

Unlike the Court of First Instance, the Court of Appeal does not find the suspect guilty of the war crime of outrage upon personal dignity. The videos show the accused spitting towards the deceased person and putting his foot near a body, while he was celebrating a victory over soldiers of the Syrian Government. Although the actions of him and his fellow fighters are disrespectful and distasteful, the court finds that this conduct does not meet the threshold necessary for this crime. The conduct is not degrading or humiliating enough. The victims are not severely suffering and are not displayed as a trophy.

The accused is sentenced to five years and four months of imprisonment, which is lower than usual, since the case took unreasonably long.