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Green: United States of America v. Steven D. Green
Opinion, 16 Aug 2011, Court of Appeals for the Sixth Circuit, United States
Al-Mahmudiyah (Iraq), 12 March 2006: in the afternoon, US Army Sergeant Steven Green and members of his unit Paul Edward Cortez, James Paul Barker, Jesse Von-Hess Spielman and Bryan Lee Howard were playing cards and drinking whiskey at a traffic checkpoint, when Green stated that he wanted to kill some Iraqi civilians because of the deaths of several fellow infantrymen. After Green persisted, Barker eventually agreed to go along with Green’s plan, and he told Green that he knew a nearby house where an Iraqi man and three females (his wife and two daughters of 6 and 14 years old) lived. Barker also suggested that they have sex with one of those females. Green and Barker persuaded Cortez and Spielman to accompany them (pp. 2-3). They secretly left the compound, approached the house of the Al-Janabi family, killed the father, mother and youngest dauther and proceeded to gang-rape the other daughter, Abeer Qassim Hamsa. After this, they killed her as well and lit her body on fire.
The fire was discovered the next morning by civilians; it was reported to the US army compound and investigations were initiated. Although the initial outcome was that the perpetrators had probably been Iraqi counterinsurgents, rumours started spreading that US soldiers had raped and killed Iraqi civilians. Eventually, suspician fell on Green and consorts. barker, Cortez and Howard were tried by court martial where they pleaded guilty; they received prison sentences. Green, however, had been discharged from the army on 28 March 2006 due to a personality disorder. Hence he had to be tried by a civil court. The US District Court for the Western District of Kentucky sentenced him to life imprisonment. In appeal, this decision was upheld.
Maher H. : Prosecutor v. Maher H.
Judgment, 7 Jul 2016, Court of Appeal of The Hague, The Netherlands
Following his initial conviction in December 2014, Maher H., the first convicted returning Dutch ‘foreign fighter’, was convicted again on 7 July 2016 and sentenced to four years’ imprisonment by the Court of Appeal in The Hague. Maher H., who the Court determined supported the jihad, had travelled to Syria in 2013, where he participated in the armed conflict. The Court found him guilty of: preparing to commit terrorist crimes, including murder and manslaughter; training for terrorism; and disseminating inciting materials, including via sharing videos, documents and posting a photo on social media. In contrast to his initial verdict, Maher H was found guilty of training for terrorism as he had, inter alia, acquired outdoor wear, searched the internet for information about the jihad and participated in the armed conflict. The Court of Appeal did find that these acts had a strong enough link to terrorist training. In contrast to the District Court’s judgment, it did not address the fact that this criminalisation could also potentially lead to the acts that constitute preparing to commit murder and/or manslaughter being punished twice. Similarly, the Court of Appeal disagreed with the District Court as it held that the uploading of pictures of jihadi flags did not constitute a direct or indirect call to commit terrorist crimes.
El Hage: United States of America v. Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed
Verdict, 29 May 2001, United States District Court Southern District of New York, United States
Wadih El-Hage, 40, is a naturalised American citizen who was born in Lebanon. He has admitted being Osama bin Laden's personal secretary. He was accused of being the key organiser of the Kenya cell and of setting up front companies in Kenya for Al-Qaeda. He left Kenya almost a year before the bombings, after being questioned by the FBI in Africa. At the time of the bombings, he was living in Arlington, Texas, with his wife, April, and seven children. El Hage claimed he only worked for bin Laden in legitimate businesses and had no contact with him since 1994. El Hage was charged with conspiracy to murder Americans.
On 29 May 2001, El Hage was convicted for conspiracy to kill United States officers and employees engaging in official duties and conspiracy to destroy buildings and property of the United States. In addition, he was found guilty of giving false statements to a federal jury (perjury). On the basis of this conviction, El Hage was sentenced to life in prison without the possibility of being released.
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.
Gathungu v. Kenya: John Gathungu v. A-G and the Republic of Kenya
, 28 Oct 2010, High Court of Kenya, Kenya
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