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Until July 1994, Michel B. was the managing director of OCIR-Tea, the controlling body for the tea industry in Rwanda. B. is accused of conspiring with his employees in order to kill Tutsis in the Gisenyi Prefecture. In addition, he was a member of the local committee of the Republican Movement for Development and Democracy (MRND) for the Gisenyi Prefecture.

B. was indicted by the International Criminal Tribunal for Rwanda on charges of genocide and, in the alternative, war crimes. He pleaded guilty to complicity in genocide and he was sentenced to 8 years’ imprisonment. The Tribunal found that B. had substantially assisted the military and the Interahamwe militia launch an attack against Tutsis at Kesho Hill and Nyundo Cathedral by authorising that vehicles and fuel from his tea factories be used to transport attackers, that personnel from the factories participate in the attacks and that the attackers be provided with heavy weapons. These weapons were then stored in his factory. The Accused also contributed financially by providing the Interahamwe with money to purchase alcohol so as to motivate them to continue with killings. 

Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55^th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit. Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. On appeal, the Court of Appeals for the District of Columbia dismissed Al Bihani’s appeal.

Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.

The petitioners, all members of the Isaaq clan, allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the-then Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.

The District Court for the Eastern District of Virginia dismissed the claim for lack of subject matter jurisdiction on the grounds that Samantar enjoys immunity from proceedings before courts of the United States by virtue of his function as a State official at the relevant time under the Foreign Sovereign Immunities Act (FSIA). The Court of Appeals for the Fourth Circuit reversed this decision, arguing that the FSIA is not applicable to individuals, and even if it were, the individual in question would have to be a government official at the time of proceedings commencing against him.

By the present decision, the Supreme Court upheld the decision of the Court of Appeals: the FSIA is not applicable to individuals so Samantar does not enjoy immunity from the present proceedings by virtue of it. Consequently, proceedings against him can continue. 

Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.

The petitioners, all members of the Isaaq clan, allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the then-Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.

After a line of litigation spanning 3 years and culminating in a Supreme Court decision in 2010, proceedings against Samantar were allowed to continue as he did not enjoy immunity.

Samantar accepted responsibility in February 2012; the present decision by the District Court for the Eastern District of Virginia held Samantar liable as a superior for the crimes perpetrated by his subordinates in the Somali Armed Forces and the affiliated national intelligence services against the plaintiffs who were awarded $21 million in damages. 

Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.

Members of the Isaaq clan allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the-then Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.

After a line of litigation spanning 3 years and including a Supreme Court decision, Samantar accepted liability as a superior for the crimes perpetrated by his subordinates in the Somali Armed Forces and the affiliated national intelligence services. The District Court for the Eastern District of Virginia awarded $21 million in damages.

The present decision by the Court of Appeals for the Fourth Circuit is the result of Samantar’s appeal against the District Court’s dismissal of his claims for immunity from proceedings. The Court of Appeals dismissed the appeal finding that Samantar enjoys no immunity for acts of torture, summary execution and arbitrary detention even if they were performed by him in his official capacity as such conduct is universally prohibited.