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Case of Ahorugeze v. Sweden

Judgment, 27 Oct 2011, European Court of Human Rights, France

Sylvère Ahorugeze was a Rwandan national and former director of the Rwandan Civil Aviation Authority and Kigali international airport. An international arrest warrant was issued against him on the basis of his alleged participation in the crime of genocide (intentional destruction of a national, racial, ethnical or religious group or part of it) and crimes against humanity (crimes committed on large scale including but not limited to murder, rape, torture) committed in Rwanda in 1994. On 16 July 2008, Ahorugeze was arrested in Sweden and on 7 July 2009, the Swedish government decided that he could be extradited to Rwanda. 

Subsequently, Ahorugeze filed an application at the ECtHR.  He claimed that his health was poor, and that his Hutu ethnic background, the prison conditions in Rwanda, and a lack of impartiality and independence of the judiciary were factors that should prevent his extradition to Rwanda. The Court dismissed his case and held that there were no reasons to believe that Ahorugeze would be subjected to inhumane or unfair treatment in Rwanda and that he would not receive a fair trial.


Katanga: The Prosecutor v. Germain Katanga

Judgment, 7 Mar 2014, International Criminal Court (Trial Chamber II), The Netherlands

Between 1999 and 2003, Ituri  (Democratic Republic of Congo - DRC) was the scene of a violent conflict between the Lendu, Ngiti and Hema ethnic groups. The Hema-dominated Union of Congolese Patriots (UPC) seized control of Bunia, the district capital, in August 2002. On the road between Bunia and the border with Uganda lies the strategically important town of Bogoro, with a UPC military camp in the middle of the town. On 24 February 2003 a Ngiti militia attacked Bogoro, aiming to drive out or eliminate the UPC camp as well as the Hema population. Numerous civilians were murdered and/or raped and the town was partly destroyed.

During this time, Germain Katanga was President of the Ngiti militia and Commander or Chief of Aveba. As such, he formally exercised authority over the attackers; therefore he was indicted by the ICC for participating in the crimes against humanity and war crimes committed during the Bogoro attack.

The Trial Chamber found that Katanga, while formally President, did not have full operational command over all fighting forces and commanders. Therefore he was acquitted of some of the crimes committed. However, since he had provided indispensable logistical aid (providing arms and transportation), he had enabled the militia to commit the crimes. He knew of their intent and intentionally contributed to the perpetration of the crimes; as such, the Chamber found him guilty, as accessory, of the crime against humanity of murder and the war crimes of murder, attacking a civilian population, destruction of property and pillaging. 

On 23 May 2014, the Court sentenced Katanga to 12 years' imprisonment with credit for time served in the ICC's detention centre, approximately 7 years.


Sosa v. Alvarez-Machain: Jose Fransisco Sosa v. Humberto Alvarez-Machain / The United States v. Humberto Alvarez-Machain

Opinion of the Court, 29 Jun 2004, Supreme Court, United States

In 1990, several Mexican nationals, executing an assignment from the United States Drug Enforcement Agency, abducted one of the persons suspected of involvement in the murder of a DEA official. He was eventually acquitted of all charges by an American Court and returned to Mexico. Alvarez-Machain attempted to take legal action against the Mexican nationals involved in his arrest, and against the United States. Although the Court of Appeals had confirmed both the government’s and Sosa’s liability, the Supreme Court rejected it. Regarding the government’s liability, it argued that the US could not be held responsible for actions committed abroad, even though Alvarez-Machain’s arrest had been planned in California. Regarding Sosa, the Supreme Court held that Alvarez-Machain’s arbitrary detention was not a violation of the law of nations. The latter term, according to the Supreme Court, should be defined narrowly. It considered arbitrary detention not specific enough to be within the scope of the law of nations. 


Ayyash et al: The Prosecutor v. Ayyash et al.

Decision to Hold Trial in Absentia, 1 Feb 2012, Special Tribunal for Lebanon (Trial Chamber), The Netherlands

Article 22 of the Special Tribunal for Lebanon permits the Tribunal to conduct trials in the absence of the accused, in absentia, if the accused has expressly waived his right to be present, has absconded, or cannot be found. Before a trial in absentia may proceed, however, all reasonable steps must be taken to secure the accused’s appearance before the Tribunal. In this decision, the Trial Chamber determined that all four of the accused had absconded or otherwise could not be found after Lebanese authorities employed numerous efforts to apprehend them in light of a several months long, comprehensive, and permeating media coverage of the indictment notifying the accused of the charges against them and their rights to participate in the trial. Thus, the Trial Chamber found that all reasonable steps had been taken to secure the presence of the accused, held that all four of the accused had absconded or otherwise could not be found, and ordered the trial to proceed in absentia.


Oie Hee Koi et al.: Public Prosecutor v. Oie Hee Koi and connected appeals

Judgment, 4 Dec 1967, Judicial Committee of the Privy Council, Great Britain (UK)

During the fighting between Indonesia and Malaysia, twelve Malaysian Chinese members of the Indonesian Air Force who were heavily armed, infiltrated into Malaysia (ten by parachute and two by boat). They were arrested, convicted pursuant to Malaysian law and sentenced to death. The Federal Court of Malaysia held that two members were protected pursuant to international law, in particular the Geneva Prisoners of War Convention of 1949. On appeal, the Judicial Committee of the Privy Council decided that they were not protected under the 1949 Geneva Convention because they were nationals of Malaysia (the state that detained them). Therefore, they could be prosecuted under national law for offences against that law.


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