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Barbie: The Prosecutor v. Klaus Barbie
Arrêt, 3 Jun 1988, 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.
After a series of decisions regarding challenges to the jurisdiction of the French courts, Barbie was convicted for multiple counts of crimes against humanity by the Cour d’assises of Rhone and sentenced to life imprisonment in 1987. The present decision was his final appeal; it was rejected in its entirety by the Supreme Court of France. Barbie died in prison in 1991 at the age of 77.
Bin Laden et al.: United States of America v Usama Bin Laden et al.
Indictment, 4 Nov 1998, United States District Court, S.D. New York, United States
The 1998 United States Embassy bombings were a series of attacks that occurred on 7 August 1998, in which hundreds of people were killed in simultaneous truck bomb explosions at the embassies of the United States in the East African cities of Dar es Salaam and Nairobi. The date of the bombings marked the eighth anniversary of the arrival of American forces in Saudi Arabia.
Members of the al-Qaeda (terrorist group) were charged for planning and committing the bombing of the Embassies of the US in Nairobi, Kenya and Dar es Salaam, Tanzania. Usama bin Laden is the head of Al-Qaeda and as such was amongst the people charged. The charges included also conspiracy to murder of US nationals anywhere in the world, US military personnel in Somalia and the Saudi Arabia Peninsula, US nationals serving in the Embassies in Kenya and Tanzania, and the concealment of any such plans of Al-Qaeda.
Bouterse: Prosecutor-General of the Supreme Court v. Desiré Bouterse
Judgment, 18 Sep 2001, Supreme Court, The Netherlands
Desiré Bouterse, a Surinamese politician, was born on 13 October 1945. Bouterse led a coup d’état in 1980 and became the military leader of Suriname until 1987. Relatives of victims of the so-called December murders of 8 and 9 December 1982, when 15 opponents of the military regime headed by Bouterse were tortured and subsequently killed, brought a complaint against Bouterse in the Netherlands. On 18 September 2001, the Supreme Court of the Netherlands dismissed the action against Bouterse. The Court held that Bouterse could not be prosecuted because he was not connected in any way to the Netherlands. Moreover, the acts committed under the military dictatorship of Bouterse were not criminalised as such at the time they were committed.
Basulto et al. v. Castro et al.: José J. Basulto et. al v. Fidel Castro Ruz et al.
Plainte avec constitution de partie civile / Complaint, 4 Oct 2001,
Papon v. France
Judgment, 25 Jul 2002, European Court of Human Rights, France
Maurice Papon was a civil servant in Occupied France during World War II holding the position of Secretary-General of the Gironde prefecture.
The Assize Court of Gironde – a criminal trial court hearing cases of defendants accused with the most serious crimes – convicted Papon of crimes against humanity and sentenced him to 10 years’ imprisonment for having aided and abetted the unlawful arrest and detention of hundreds of Jewish persons from 1942 until 1944, who were eventually deported and exterminated at Auschwitz. Pursuant to French criminal law, Papon was under an obligation to surrender to the custody of the Court as a result. Having applied for an exemption to the obligation to surrender and having been denied, Papon left France for Switzerland. However, the Swiss authorities extradited Papon. Upon his arrival in France, the Court of Cassation held that Papon had forfeited his right to appeal his conviction on the grounds that he had failed to comply with the obligation to surrender.
Papon took his case to the European Court of Human Rights alleging that the provision in the French Code of Criminal Procedure, which provided the grounds upon which his right to appeal was forfeited, violated his right of access to a court under the European Convention on Human Rights. The Court agreed and ordered the French State to pay Papon damages.
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