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In its self-declared “War on Terrorism,” the United States began the “High Value Detainee” program, where suspected terrorists would be subjected to special interrogation and detention. The program was managed by the CIA, which detained suspects in secret detention facilities (“black sites”) in cooperation with other foreign governments.

Poland cooperated with the program by allowing the transfer of suspected terrorists through its territory, as well as their detention in a secret facility in Stare Kiejkuty, Poland. An alleged member of al-Qaeda, Mr. Zayn Al-Abidin Muhammad Husayn (known as Abu Zubaydah), was held in the Stare Kiejkuty for nine months, where he was subjected to treatment amounting to torture.

The European Court of Human Rights found that as Polish authorities knew what their territory was being used for, Poland shares responsibility for any abuses committed by the CIA on its territory.

The Cambodian genocide (1975-1979) saw numerous serious crimes in violation of international law perpetrated by the Khmer Rouge. The Khmer Rouge, in attempting to create a socialist government in Cambodia, took Cambodians from cities and forced their relocation into labor camps in the countryside. Physical abuse, malnutrition, and disease were prevalent. Elites, foreigners, and those considered enemies of the state were executed. It is estimated that almost 2 million people died.

Case 002/01 was limited to the crimes involved in the movement of the populations and executions at Tuol Po Chrey that occurred during the period of the Cambodian genocide. The case found defendants Nuon Chea, the Deputy Secretary of the Communist Party of Kampuchea and Khieu Samphan, former Head of State of Democratic Kampuchea, guilty of crimes against humanity. The defendants were charged for the crimes of murder, political persecution, and other inhumane acts (forced transfer) for the two forced movements of Cambodians from the cities to rural areas and other related crimes. In addition, the defendants were found guilty of the added charges pertaining to the hundreds of executions of Khmer Republic soldiers and officials that occurred at Tuol Po Chrey, executed by Khmer Rouge forces.

Both defendants appealed.

Case 002/01 concerns the charges of crimes against humanity against Khieu Samphan, former Head of State of Democratic Kampuchea and Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea, committed during the forced evacuation of Cambodians to labour camps and for the executions that occurred at Tuol Po Chrey. On 7 August 2014, the Trial Chamber found both accused guilty and sentenced them to life imprisonment. Both the Prosecution and Defence appealed the decision. 

The Supreme Court Chamber on 23 November 2016 issued an appeals judgement reversing some of the convictions and affirming the rest. At issue in the appeal was whether the Trial Chamber correctly defined the elements of the murder and extermination crimes against humanity. The Supreme Court Chamber affirmed the murder definition and charges, while finding that extermination requires that the accused had the direct intent to kill on a large scale. Under this definition, the Chamber reversed the convictions for the crime of extermination. The Chamber found insufficient evidence to support convictions as there were too few witnesses to support key facts beyond a reasonable doubt. Even with this reversal, the Supreme Court Chamber affirmed the life imprisonment sentences of both accused.