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Ahmed v. Magan: Abukar H. Ahmed v. Abdi Aden Magan

Stipulated Revised Pretrial Order, 10 Jan 2011, United States District Court for the Southern District of Ohio, Eastern Division, United States

Colonel Abdi Aden Magan, the defendant, was a member of the Marehan sub-clan of the Darod clan and held high positions (as Colonel and Chief) at the National Security Service (NSS) of Somalia. The plaintiff, Abukar Hassan Ahmed, was a human rights attorney and law professor at the Somali National University. He was detained at the NSS for approximately three months. During his detention, he suffered severe physical and psychological injuries.  Ahmed claimed that, as a Chief of NSS Investigations, Colonel Magan was responsible for ordering and participating in his interrogation and torture.


Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited

Appeal from the United States District Court for the Central District of California, 25 Oct 2011, United States Court Of Appeals For The Ninth Circuit, United States

After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population. In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’.

With the case back at the Court of Appeals, the question to be determined was the scope of the jurisdiction of the ATCA with regard to genocide, war crimes, crimes against humanity arising from a blockade and racial discrimination. The Court held that genocide and war crimes fall within the scope of the ATCA. These norms, according to the Court, are specific, universal and obligatory accepted and extend to corporations. However, the crimes against humanity arising from a blockade and the racial discrimination claims are not and, therefore, the case was remanded to the District Court for further proceedings on the claims of genocide and war crimes.


Ntabakuze: Aloys Ntabakuze v. The Prosecutor

Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Aloys Ntabakuze is an ex-Commander of the Rwandan Para-Commando Battalion. On 18 December 2008 the Tribunal found him guilty of genocide, crimes against humanity, namely murder, extermination, persecution and other inhumane acts, and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II (violence to life). He appealed the judgment on 37 grounds. The Appeals Chamber agreed with the Trial Chamber’s ruling that Ntabakuze was guilty as a superior for the participation of members of the Para-Commando Battalion in the killings committed at Nyanza hill on 11 April 1994 and at IAMSEA around 15 April 1994. However, the Chamber reversed Ntabazuke’s convictions for stopping the refugees killed at Nyanza hill from seeking sanctuary and for the killings in Kabeza on 7 and 8 April 1994, as well as for murder as a crime against humanity. The Appeals Chamber also set aside the Trial Chamber’s finding of Ntabakuze’s responsibility for the crimes committed by militiamen. Thus, his sentence to life imprisonment was reversed and he was sentenced to 35 years of imprisonment instead.


Iyamuremye: Jean-Claude Iyamuremye

Decision on extradition request, 20 Dec 2013, District Court of The Hague, Extradition Chamber, The Netherlands

The Rwandan government suspects the Jean-Claude Iyamuremye, a Rwandan national residing in the Netherlands, of having taken part in the 1994 Rwandan genocide as Interahamwe militia leader. He is indicted for genocide, crimes against humanity and war crimes. On 25 September 2013, Rwandan authorities issued an extradition request with the Netherlands. The accused challenged the request, arguing that war crimes were not prohibited as such in Rwandan law in 1994, and that therefore he cannot be extradited. He also alleged that Rwanda would not provide him with a fair trial; if he were to be extradited, the Netherlands would violate their obligations forthcoming from the European Convention for Human Rights (ECHR).

The Court dismisses both arguments. Since genocide was prohibited by both Rwandan and Dutch law in 1994, the double criminality requirement has already been fulfilled. And concerning fair trial rights, the Court found that it was obliged to apply a marginal test, since the Netherlands and Rwanda are both parties to the Genocide Convention and, thus, have to trust each other on fulfilling their respective treaty obligations. It ruled that extradition would not lead to a flagrant denial of a fair trial; hence the Court ruled the extradition request admissible.


R. v. Hamdan: Regina v. Othman Ayed Hamdan

Oral Reasons for Judgment, 22 Sep 2017, Supreme Court of British Columbia, Canada, Canada

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.


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