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Al Mahdi Case : The Prosecutor v. Ahmad Al Faqi Al Mahdi

Judgement and Sentence , 27 Sep 2016, International Criminal Court (Trial Chamber VIII), The Netherlands

The case of The Prosecutor v. Ahmad Al Faqi Al Mahdi, adjudicated by the International Criminal Court (ICC), represents a landmark legal proceeding focused on the protection of cultural heritage during armed conflict. Ahmad Al Faqi Al Mahdi, an Islamist militant, was charged with the war crime of deliberately attacking historic and religious monuments in Timbuktu, Mali, in 2012. These sites, revered for their historical and cultural significance, were targeted during a period of armed conflict in the region. 

Al Mahdi's case is notable for several reasons. Firstly, it was one of the first instances where an individual was prosecuted at the ICC solely for the destruction of cultural heritage. This underscored the increasing international recognition of the importance of preserving cultural history amidst armed conflicts. Secondly, Al Mahdi's admission of guilt – a rare occurrence in international criminal law – expedited the legal proceedings and highlighted the potential for reconciliation and acknowledgment of wrongdoing in such contexts. 

Ultimately, Al Mahdi was convicted under Articles 8(2)(e)(iv) and 25(3)(a) of the Rome Statute and was sentenced to nine years in prison. His conviction served as a significant precedent, reinforcing the message that the intentional destruction of cultural heritage is a serious crime under international law and will not be tolerated.


Pinochet: Regina (the Crown) v. Bartle and the Commissioner of Police for the Metropolis and Others ex parte Pinochet; Regina v. Evans and Another and the Commissioner of Police for the Metropolis and Others ex parte Pinochet

Judgment, 24 Mar 1999, House of Lords, Great Britain (UK)

On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.

In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings.

The present decision of 24 March 1999 by the House of Lords held that Pinochet is not entitled to immunity in respect of charges of torture and conspiracy to commit torture where such conduct was committed after 8 December 1988, the date upon which the 1984 Torture Convention entered into force in the UK. This temporal qualification significantly limited the charges for which Pinochet can be extradited to Spain as the majority of the conduct alleged was either not an extraditable offence or was committed prior to this date. Under English law, it was now for the Home Secretary, then Jack Straw, to decide whether or not to issue an authority to proceed with extradition. 


Šakić (Dinko Ljubomir): Office of the County Public Prosecutor v. Dinko Ljubomir Šakić

Amended Indictment, 8 Jul 1999, County Court in Zagreb, Croatia (Hrvatska)

Dinko Ljubomir Šakić was born on 8 September 1921 in the village of Studenci in Perušić, Croatia. Šakić was the commander of the Jasenovac concentration camp from April until November 1944. During that time, more than 2,000 Serbs, Jews and Gypsies were killed under his command. Moreover, detainees were hanged, starved, brutally tortured and murdered. Šakić personally killed at least four detainees, two of them just for smiling.On 4 October 1999, he was found guilty for the crimes and was sentenced to 20 years in prison.

In July 2008, Šakić died at the age of 86 in a hospital in Zagreb.


John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.

Memorandum, 2 Mar 2006, United States District Court for the District of Columbia, United States

Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.

After the District Court allowed the case to proceed in part, the plaintiffs presented an amended complaint, which was assessed again by the District Court. It allowed most of these claims, which were based on the laws of the District of Columbia, to proceed. US law should be applied, the Court reasoned, because Exxon Mobil was based in the United States. 


Khadr: United States of America v. Omar Ahmed Khadr

Verdict, 31 Oct 2010, Military Commission, United States

Omar Khadr, a Canadian citizen, was 15 years old when he was captured and seriously injured in a firefight in Afghanistan on 27 July 2002. The US accused Khadr of throwing a grenade that killed US Army Sergeant First Class Christopher Speer and injured two others. He was charged with murder and attempted murder, conspiracy to commit terrorism, providing support for terrorism, and spying.

On 25 October 2010, Khadr pleaded guilty to murder and attempted murder in violation of the laws of war, conspiracy to commit terrorism, providing support for terrorism, and spying, and was sentenced to eight years of imprisonment.

In spite of Khadr's young age at the time of his capture, the United States imprisoned him together with adults.

Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were widely denounced by civil rights groups and various newspaper editorials. He has been frequently referred to as a child soldier.


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