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Salim Ahmed Hamdan, a Yemeni citizen, was Osama bin Laden’s driver. Captured in Afghanistan in 2001 by members of the United States Armed Forces, he was transferred to the United States detention centre at Guantanamo Bay in 2002. By an order of the President of the United States, Hamdan was designated to stand trial before a United States Military Commission for charges of conspiracy to commit multiple offenses, including attacking civilians and civilian objects, murder by an unprivileged belligerent, destruction of property by an unprivileged belligerent and terrorism. Hamdan’s counsel applied for a writ of habeas corpus alleging that the military commissions were unlawful and trial before them would violate Hamdan’s rights of access to a court.

The present decision by the Court of Appeal for the District of Columbia reversed an earlier decision of the District Court for the District of Columbia. The Court of Appeal found that the Geneva Convention was not judicially enforceable so Hamdan cannot rely on it before the federal courts. The Court continued that, even if it were, Hamdan was not entitled to its protection because the Convention did not apply to Al Qaeda members. Hamdan’s trial could proceed before a military commission. 

Frans Cornelis Adrianus van Anraat was a Dutch businessman who, from 1984 until 1988, purchased large quantities of the chemical thiodiglycol from the United States and Japan. This chemical was then sold, through a number of different companies located in different countries, to Saddam Hussein’s government of Iraq. After 1984, Van Anraat was the government’s sole supplier of the chemical. The chemical is a key component in the manufacture of mustard gas and was in fact used for this purpose by Hussein’s government who then proceeded to employ the gas in attacks against Iranian military and civilians in the Iran-Iraq war and against the Kurdish population in northern Iraq. The effect was devastating, thousands of individuals were killed and many thousands more were injured with long-term effects including blindness and cancer.

The present case before the District Court of The Hague was brought by the Dutch Prosecutor against Van Anraat, a chemicals dealer who sold thiodiglycol to Saddam Hussein’s regime, which was used in the production of mustard gas. He was acquitted of the charge of complicity to genocide because it was not proven that at the time Van Anraat knew that the chemical would be used for the destruction of the Kurdish population. He was, however, convicted of complicity in war crimes and sentenced to 15 years’ imprisonment.

Frans van Anraat was a Dutch businessman who, from 1984 until 1988, purchased large quantities of the chemical thiodiglycol from the United States and Japan. This chemical was then sold, through a number of different companies located in different countries, to Saddam Hussein’s government of Iraq. After 1984, Van Anraat was the government’s sole supplier of the chemical. The chemical is a key component in the manufacture of mustard gas and was in fact used for this purpose by Hussein’s government who then proceeded to employ the gas in attacks against Iranian military and civilians in the Iran-Iraq war and against the Kurdish population in northern Iraq. The effect was devastating, thousands of individuals were killed and many thousands more were injured with long-term effects including blindness and cancer.

The Dutch Prosecutor brought a case against Van Anraat. The District Court of the Hague acquitted him of the charge of complicity to genocide (because his genocidal intent could not be proved), but he was convicted of complicity in war crimes and the court sentenced him to 15 years’ imprisonment.

The Court of Appeal of The Hague upheld the District Court’s acquittal on the charge of complicity to genocide and his conviction of complicity to war crimes. The Court increased Van Anraat’s sentence to 17 years’ imprisonment.

In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.

In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica. In the present decision, the District Court of The Hague determined that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings. 

In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.

In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica.

In the present decision, the Court of Appeal of The Hague confirmed the 2008 decision of the District Court of The Hague that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings.