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Krofan & Andea: Krofan and Andea v. Public Prosecutor

Judgment, 5 Oct 1966, Federal Court of Singapore, Singapore

In May 1961, Malaya proposed the formation of the Federation of Malaya by amalgamating Malaya, Singapore and the British colonies in Borneo (Sabah, Sarawak and Brunei). Whilst Indonesia did not initially oppose the Federation, it did following the outbreak in 1962 of revolt in Brunei by a radical Muslim movement. From 1962 until 1966, a state of armed conflict existed between Indonesia and the Federation of Malaysia (of which Singapore was part since its merger in September 1963), otherwise known as the Indonesia-Malaysian Confrontation.

It was in the context of this armed conflict that on 14 April 1965, Stanislaus Krofan and Andres Andea set foot on Singapore/Malay soil carrying explosives with the intention of setting them off. Upon apprehension, they claimed that they were members of the Indonesian Armed Forces and had been ordered by their superiors to set off the explosives in Singapore. They were convicted by the High Court in Singapore for unlawful possession of explosives in a security area.

On appeal, the Federal Court of Singapore was asked to determine the applicability of the 1949 Geneva Conventions to Singapore at the time of the offence and determine whether Krofan and Andea were entitled to protections as prisoners of war under the Convention. By its judgment of 5 October 1966, the Court assumed that the 1949 Geneva Conventions were applicable and concluded that the appellants were not entitled to protection as prisoners of war. Although members of the Indonesian Armed Forces, they had been caught in civilian clothing acting as saboteurs. 


Blackman: Regina v. Sergeant Alexander Wayne Blackman ("Marine A")

Sentencing Remarks, 6 Dec 2013, General Court Martial held at Military Court Centre Bulford, Great Britain (UK)


On 15 September 2011, while on patrol in the Helmand Province in Afghanistan, UK Marines Sergeant Alexander Blackman and his men were on patrol. They found a Taliban insurgent who had been seriously wounded (lawfully) by an Apache helicopter, and as such formed no longer a threat. After removing his AK47, magazines and a grenade, Blackman caused him to be moved to a place where you wanted to be out of sight of his operational headquarters at Shazad so that "PGSS can’t see what we’re doing to him". He ordered those of his men giving some first aid to stop, and when he was sure headquarters could not see him, he discharged a 9mm round into his chest from close range. He then told his patrol to remain silent about what happened, saying that he had just broken the Geneva Convention.

Taking into consideration Blackman's superior position as sergeant (under command of the patrol) and the consequences his acts could have for other British soldiers - namely possible reprisals - the Court found Blackman guilty of murder in violation of the laws of war (a war crime). He was sentenced to life imprisonment with a possibility for parole after ten years, stripped of his ranks and dismissed from service with disgrace.


Burcu T.: Prosecutor v. Burcu T.

Judgment, 22 Jul 2015, District Court of Rotterdam, The Netherlands

On 22 July 2015, Burcu T., a Dutch national, was found guilty of violating the 1977 Dutch Sanction Law by transferring just over €2000 to an intermediary in Turkey as she ought to know the money would end up in the hands of terrorist groups. Burcu T. had been engaged to [T], who had informed her he was a member of the Taliban, and the court found that she ought to have known it was likely that the money she transferred would go to jihadist groups. In the same judgment, Burcu T. was acquitted of participating in a terrorist organisation due to a lack of adequate proof; the fact that the defendant was in a relationship with a terrorist and that she possessed documents, photos and videos linked to the jihad did not mean that she was a terrorist herself. She was sentenced to six months of imprisonment.


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.


Bin Haji Mohamed Ali and Another v. Public Prosecutor

Appeal No. 20 of 1967 by special leave from a judgment (October 5, 1966) of the Federal Court of Malaysia, 29 Jul 1968, Judicial Committee of the Privy Council, Great Britain (UK)

On 20 October 1965, Osman Bin Haji Mohamed Ali and Harun Bin Said, members of the Indonesian army, were found guilty for the murder of Susie Choo Kay Hoi, Juliet Goh Hwee Kuang and Yasin Bin Kesit. The deaths resulted from an explosion of the MacDonald House in Orchard Street, one of the main streets of Singapore. The accused were sentenced to death.

They appealed the decision by special leave to the Judicial Committee of the Privy Council. The Judicial Committee dismissed the appeal. It held that the appellants were not entitled to the protection generally afforded to army members when captured by the opposing army (protection for prisoners of war). The protection was refused because the appellants had committed acts of sabotage and were dressed in civilian clothes (not in uniform) at the time they planted the explosives and detonated them, as well as when they were arrested.


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