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Rasul v. Bush: Shafiq Rasul et al v. George W. Bush, President of the United States/Fawzi Khalid Abdullah Fahad Al Odah et al v. George W. Bush
Opinion, 28 Jun 2004, Supreme Court, United States
In this landmark case, fourteen Guantanamo detainees petitioned for habeas corpus, requesting judicial review of their indefinite detention without charges.
Revisiting the holding in Johnson v. Eisentrager (1950), the Supreme Court decided 6-3 that US courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in the course of armed conflict and subsequently detained outside the sovereign territory of the United States at Guantanamo Bay in Cuba. Rasul was found to differ from Eisentrager in the “plenary and exclusive jurisdiction” held by the US over Guantanamo; the Court ruled that US courts have jurisdiction to hear habeas challenges from Guantanamo detainees under the terms of the general federal habeas statute.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 2 Mar 2006, United States District Court for the District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.
After the District Court allowed the case to proceed in part, the plaintiffs presented an amended complaint, which was assessed again by the District Court. It allowed most of these claims, which were based on the laws of the District of Columbia, to proceed. US law should be applied, the Court reasoned, because Exxon Mobil was based in the United States.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 12 Jan 2007, United States Court of Appeals, District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.
After the District Court allowed the case to proceed in part, the plaintiffs presented an amended complaint, which was assessed again by the District Court. It allowed most of these claims, which were based on the laws of the District of Columbia, to proceed. Exxon appealed to this ruling, but the Court of Appeals stated that it did not have jurisdiction to hear the appeal. The Court also refused to compel the District Court to dismiss the case.
Mpambara: Public Prosecutor v. Joseph Mpambara
Interlocutory Decision, 24 Jul 2007, District Court of The Hague, The Netherlands
In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.
Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.
By a decision of 24 July 2007, the District Court of The Hague determined that it did not have jurisdiction to try the Accused for crimes of genocide as it lacked a statutory basis to do so. Further, it could not exercise indirect jurisdiction as one of the three criteria set out in the Dutch Penal Code was not met.
Fofana & Kondewa: The Prosecutor v. Momina Fofana and Allieu Kondewa
Judgement on the Sentencing of Moinina Fofana and Allieu Kondewa, 9 Oct 2007, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone
The Accused were members of the Civil Defense Forces of Sierra Leone, fighting the RUF (Revolutionary United Front) and AFRC (Armed Forces Revolutionary Council) rebels in an effort to restore the democratically elected President Kabbah who had been ousted following a coup. Their activities, however, did not always target enemy forces; large numbers of civilians, including young children and women were made the object of brutal attacks, often by machetes.
Fofana and Kondewa were convicted by Trial Chamber I for 4 counts of war crimes of murder, cruel treatment, pillage and collective punishment. Kondewa was additionally convicted for recruitment of child soldiers. The Trial Chamber, in determining sentencing, took into account the gravity of the offences and the role of the Accused. In particular, the Trial Chamber considered it a mitigating circumstance that the Accused had engaged in the conflict out of a sense of duty in order to protect civilians, and had pursued a legitimate and justifiable purpose of returning former President Kabbah to power. Consequently, Fofana was sentenced to 6 years in prison and Kondewa to 8 years.
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