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Al Odah: Fawzi Khalid Abdullah Fahad Al Odah v. United States of America
Appeal from the United States District Court for the District of Columbia, 30 Jun 2010, United States Court of Appeal, District of Columbia, Unites States of America, United States
Fawzi Khalid Abdullah Fahad Al Odah was captured in Afghanistan for his involvement with the Taliban. Since 2002, Al Odah has been detained at the U.S. Naval Base at Guantanamo Bay (Cuba). He filed a petition for a writ of habeas corpus (a legal action allowing the detained person to challenge the legality of his detention) in May 2002. In 2008, the Supreme Court in the consolidated cases of Boumediene v. Bush and Al-Odah v. United States, considered that US federal courts have jurisdiction to hear petitions of habeas corpus. The District Court denied Al Odah’s petition on the grounds that the evidence adduced by the US Government was enough to permit his detention.
Al Odah appealed the District Court’s judgment raising challenges with respect to the procedure admitting evidence as well as the sufficiency of evidence to support that he was part of the al Qaeda and Taliban forces.
The Court of Appeals dismissed both grounds of appeal since it did not find any errors either in the District Court’s procedure on admitting evidence or in the sufficiency of the evidence presented by the US Government. In this light, the Court of Appeals affirmed the denial of Al Odah’s petition for a writ of habeas corpus.
Bil'in v. Green Park: Bil'in v. Green Park International and Green Mount International
Judgment, 11 Aug 2010, Québec Court of Appeal, Canada
The heirs of a Palestinian landowner and the council of a Palestinian town sue two Canadian companies in Québec, claiming that by carrying out Israeli construction orders, they are assisting Israel in war crimes. The Superior Court of Québec dismissed the claim, stating that the Israeli High Court of Justice would be a more suitable place to argue this case. The Court of Appeal confirmed this, most importantly stating that this case essentially revolved around citizens from the West Bank and corporations carrying out work in the West Bank. Therefore, the Court held, it would require ‘a great deal of imagination to claim that the action has a serious connection with Quebec’.
Kalimanzira: Callixte Kalimanzira v. The Prosecutor
Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Callixte Kalimanzira was the directeur de cabinet in the Ministry of Interior, the ministry’s second most senior official, from September 1992 through the relevant events of 1994. On 22 June 2009, Trial Chamber III of the ICTR found Kalimanzira guilty of instigating and aiding and abetting genocide at the roadblock on Butare-Gisagara road around 22 April 1994, at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as mayor of Muganza Community on 22 June 1994. In addition, Kalimanzira was convicted for committing direct and public incitement to commit genocide in Butare prefecture. He was sentenced to 30 years of imprisonment.
Both the Accused and the Prosecution filed an appeal against the Trial judgment. On 20 October 2010, the Appeals Chamber affirmed the conviction for aiding and abetting genocide at Kabuye hill but overthrew the remaining convictions after finding several factual and legal errors in the Trial Chamber’s assessment. The Chamber dismissed the Prosecution’s appeal in its entirety and reduced Kalimanzira's sentence from 30 years to 25 years of imprisonment.
Hategekimana: The Prosecutor v. Ildephonse Hategekimana
Judgment and Sentence, 6 Dec 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Ildephonse Hategekimana was a lieutenant in the Rwandan Armed Forces and also the commander of the Ngoma military camp during the genocide that took place in Rwanda in 1994.
The Prosecutor of the ICTR charged Hategekimana with genocide, or, alternatively, complicity to commit genocide, murder and rape as crimes against humanity. The charges related to his role in the massacre of Tutsi refugees at Ngoma church and at Maison Généralice, as well as for his participation in the killings of several other Tutsis and the rape of Nura Sezirahiga. On 6 December 2010, he was convicted for genocide, murder and rape as crimes against humanity and was sentenced to life imprisonment.
Setako: Ephrem Setako v. the Prosecutor
Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
On 25 February 2010, Trial Chamber I of the ICTR convicted Lieutenant Colonel Ephrem Setako for genocide, extermination as a crime against humanity and violence to life as a war crime for ordering the killings of between 30 to 40 ethnic Tutsi refugees at Mukamira military camp on 25 April 1994 and the death of nine or 10 Tutsis on 11 May 1994. The Chamber imposed on Setako a sentence of 25 years of imprisonment.
Setako and the Prosecution both appealed the Trial judgment. Setako alleged errors of law and errors of fact of the judgment. The Prosecution submitted three grounds of appeal.
On 28 September 2011, the Appeals Chamber dismissed Setako’s appeal in its entirety, while it partially granted the Prosecution’s appeal but it did not increase Setako’s sentence. Specifically, the Appeals Chamber convicted Setako for murder as a war crime for the killings committed against Tutsis on 11 May 1994.
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