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Arafat Nagi is an American citizen who resided in Lackawanna, New York, prior to his arrest. From 2012-2014, Nagi demonstrated support and sympathy for ISIL and the situation in Syria through social media, electronic communications with family members, and conversations with other associated individuals. He also purchased combat gear. During this time, he travelled to Turkey twice, which the U.S. alleged was with the goal of ultimately traveling to Syria to join ISIL as a fighter. While Nagi claimed he was visiting family, his iPad search history and travel plans indicated otherwise.

The U.S. arrested and detained Nagi soon after his return from Turkey and Yemen in 2014 and charged him with attempt to provide material support to ISIL.

Nagi argued the case should be dismissed because he was protected by the First Amendment. However, the district court held that the defendant’s attempt to join a foreign terrorist organization amounted to actions not protected by the First Amendment, which does protect advocacy or association with terrorist organizations. The district court found Nagi’s travel, communications, and purchase of combat gear sufficient to demonstrate an intent to provide support – in the form of himself – to ISIL. 

On 19 June 2017, Canadian citizen Ismaël Habib was the first adult found guilty of attempting to leave Canada to participate in the activities of a terrorist group. Mr. Habib had already travelled to Syria in 2013 for three months, but he was arrested and brought back to Canada as his passport had been cancelled by the Canadian authorities. Following initial suspicions, the Canadian police created an elaborate undercover operation by establishing a fictitious criminal organisation in which Mr. Habib was working. The accused was arrested in February 2016 after he confessed to a police undercover officer that he wished to leave for Syria to fight with ISIS. Even though the accused conceded that he had the primary intent of leaving Canada, there was a dispute on his reasons for doing so. While Mr. Habib argued that he wished to join his first wife and children in Syria, the prosecution contended that the defendant’s intent was to join ISIS and participate in its terrorist activities.

Palestinian refugee Othman Ayed Hamdan was charged after posting on various Facebook accounts and pages regarding Middle East politics, particularly supporting ISIS presence in Iraq and Syria. He believed he was carrying out jihad, meaning struggle. The charges arose from 85 posts from Facebook accounts and pages. To prove the elements of the crime, the Crown had to prove two things: 1) that posts were likely to incite a reader to commit a terrorist act and 2) that Hamdan intended to incite his audience.

The Court determined that a reasonable person would find only one of the posts to be an active inducement to commit a terrorist act; however, the court also determined that the Crown could not prove Hamdan intended to induce a reader beyond a reasonable doubt. While the Court did not find Hamdan’s testimony on his intent credible, the court acquitted him because there was reasonable doubt.

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.

Lithuania cooperated with the program by allowing the transfer of suspected terrorists through its territory. An alleged member of al-Qaeda, Mr. Zayn Al-Abidin Muhammad Husayn (known as Abu Zubaydah) was held in a black site known as “Detention Site Violet” where he was subjected to solitary confinement, hooding, and other forms of ill-treatment.  

The European Court of Human Rights found that Lithuanian authorities clearly knew the purpose of the black site and the likelihood of Abu Zubaydah’s being tortured. The Court concluded that by enabling the transfer of Abu Zubaydah to and from the site, Lithuania was equally responsible for his ill-treatment.

From April 1975 to January 1979 the Khmer Rouge committed numerous crimes to create their socialist state. Case 002/02 was limited to prosecuting the crimes that occurred at security centers and worksites, including the executions of enemies and elites, forced marriages, and other inhumane treatment. In addition, the case included the genocide of the Vietnamese, who were fighting the Khmer Rouge forces, and the Cham peoples, who were persecuted for their religious and ethnic identity.

On 16 November 2018 the Trial Chamber found Nuon Chea and Khieu Samphan guilty of crimes against humanity (including rape, forced marriage, and murder), grave breaches of the Geneva Conventions and genocide of the Vietnamese. The Chamber also convicted Nuon Chea of the genocide of the Cham peoples.

The accused were found guilty based on their leadership roles within the Communist Party of Kampuchea; Khieu Samphan had various roles, including President of the State Presidium, and Nuon Chea was the Deputy Secretary of the party. The Trial Chamber ruled that the accused failed to prevent and punish the crimes that occurred, even though they knew or had reason to know the crimes were being carried out.

Both accused were sentenced to life imprisonment.