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T.: The Director of Public Prosecutions v. T.

Order of the Supreme Court of Denmark, 6 Nov 2013, Supreme Court of Denmark, Denmark

T, a Rwandan national who had lived in exile in Denmark under a false name since 2001, was brought before a Danish court in 2011 for committing genocide, namely heading a death squad and participating in the slaughter of 25,000 Tutsis in a Rwandan town in 1994.

While the Rwandan authorities requested T's extradition in February 2012, the Danish Supreme Court decided on 26 April 2012 that T. could be prosecuted in Denmark for genocide. Nevertheless, on 29 June 2012 the Minister of Justice decided that T. was to be extradited to Rwanda. T. challenged this decision, but both the first instance and appeals courts dismissed his arguments.

In last instance, the Supreme Court found, referring inter alia to the Sweden v. Ahorugeze-decision on extradition in a rather similar situation, that there was no reason to not extradite T. It confirmed the earlier decisions.


The Prosecutor v. Salim Jamil Ayyash, Hassan Habib Merhi, Hussein Hassan Oneissi, Assad Hassan Sabra

Summary of Judgment, 18 Aug 2020, Special Tribunal for Lebanon (Trial Chamber), The Netherlands

On 14 February 2005, explosives equivalent to 2500 kgs of TNT were detonated in Downtown Beirut, killing former PM Rafik Hariri and 21 others and injuring 226 people.

In its judgement of 18 August 2020, the Trial Chamber found Mr. Ayyash guilty of co-perpetrating conspiracy for committing a terrorist act, committing a terrorist act by an explosive device, intentional homicide of Mr. Rafik Hariri with premeditation and by explosive materials, and attempted intentional homicide of 226 persons with premeditation by using explosive materials. The Court’s reasoning was based on the connection of Mr. Ayyash to mobile Red 741, which had been proven to have monitored Mr. Hariri’s movements and prepared for the attack.

The Trial Chamber, however, acquitted Messrs. Oneissi and Sabra for lack of sufficient evidence proving, beyond a reasonable doubt, their complicity to the attack, and acquitted Mr. Merhi for insufficient factual evidence surrounding his actions.


Seifert: Canada v. Michael Seifert

Decision – Finding of Facts , 13 Nov 2007, Federal Court, Canada

Between December 1944 and April 1945 Michael Seifert (also known as Misha), a Ukranian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. He moved to Canada in 1951, obtaining Canadian citizenship by claiming he was born in Estonia and withholding the fact that he had been a Nazi SS prison guard.

On 24 November 2000, the Italian military tribunal of Verona convicted Michael Seifert in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. The Italian government started a procedure to have him extradited to Italy and the Canadian authorities started a procedure to have him stripped of his Canadian Citizenship and extradite him. Seifert acknowledged that he was at the Bolzano camp, but denied being involved in atrocities. The Federal Court of Canada ruled that the government was within its rights to revoke Michael Seifert's citizenship as he had lied to obtain it. The Court held that Seifert obtained entry to Canada and Canadian Citizenship by misrepresentation of his activities in World War II and non-disclosure of material facts. During the 1950’s, Canada had an immigration policy that barred former members of the SS and related units such as the SD (the German intelligence agency to the SS) from gaining entry to Canada and obtaining citizenship. Therefore the Court ruled that had he told the truth, Seifert would not have been allowed into Canada.


Case concerning the Arrest Warrant of 11 April 2002 (Democratic Republic of the Congo v. Belgium)

Judgment, 14 Feb 2002, International Court of Justice, The Netherlands

On 11 April 2000, a Belgian investigating judge of the Brussels Tribunal of First Instance issued an arrest warrant in absentia against the incumbent Minister for Foreign Affairs of the Democratic Republic of Congo (DRC), Abdulaye Yerodia Ndombasi, charging him with offences constituting grave breaches of the Geneva Conventions I–IV (1949); Geneva Conventions Additional Protocol I (1977); Geneva Conventions Additional Protocol II (1977), and crimes against humanity. In the warrant, Mr Yerodia was accused of inciting racial hatred in various speeches in the DRC in August 1998, which had contributed to the massacre of several hundred persons and, thus, he was charged as perpetrator or co-perpetrator of these crimes. The arrest warrant, which asked States to arrest, detain, and extradite Mr Yerodia to Belgium, was transmitted to the DRC in June 2000 and simultaneously circulated internationally through Interpol. On 14 February 2002, the International Court of Justice ruled that the issuance and circulation of the arrest warrant violated Belgium’s international obligations towards the DRC in that Belgium failed to respect, and infringed, Mr Yerodia’s immunity as Minister for Foreign Affairs and the inviolability enjoyed by him under international law. The Court required Belgium to cancel the arrest warrant and inform as such the authorities to whom it was circulated.


Fujimori: Alberto Fujimori Fujimori

Sentencia, 7 Apr 2009, Supreme Court, Special Criminal Chamber, Peru


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