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R. v. Sarwar (Yusuf): Yusuf Sarwar, Mohammed Ahmed v. Regina
Appeal Judgment, 9 Dec 2015, Court of Appeal (Criminal Division), Great Britain (UK)
Sarwar and Ahmed travelled from the UK to Turkey and then Syria on 15 May 2013. Both had been in communications on social media with a number of figures discussing jihad and their plans to travel to Syria. They deceived their parents as to the purpose of their trip, which, in reality, was to become involved with anti-Assad forces. After their departure, Sarwar’s mother found a letter from him saying he planned to join Jabhat al-Nusra in Syria, and his parents then told the police.
Sarwar and Ahmed were arrested when they returned to the UK on 13 January 2014. A search of Sarwar’s luggage found over 1600 deleted pictures including those of Sarwar and Ahmed in combat zones and pictures of explosives being made. Both pled guilty to the offense of preparation of terrorist acts contrary to section 5(1) of the Terrorism Act 2006 and were sentenced to 17 years and 8 months in prison. Sarwar and Ahmed appealed the decision.
Sarwar and Ahmed claimed that once they arrived in Syria, they disassociated themselves from combat activities and offered humanitarian assistance. The Court found that while there was sustained preparation and travel, the trial court judge reached an incorrect conclusion on their involvement in combat activity. Therefore, sentences were reduced to 15 years and 3 months.
Silaen: Ad Hoc Prosecutors v. Timbul Silaen
Judgement , 15 Aug 2002, Ad Hoc Human Rights Tribunal at Central Jakarta District Court, Indonesia
Timbul Silaen worked as police chief in East Timor in 1999. As such, he was responsible for the security during the independence referendum held in the country on 30 August 1999. Before and after the referendum deadly incidents took place between people in favour of East Timor’s secession from the Republic of Indonesia and the pro-Indonesian supporters. Approximately 1000 people died, 80% of the territory was destroyed, and 250,000 people were forcibly evacuated to Indonesia.
Silaen was prosecuted because as a commander he allegedly failed to stop his subordinates from committing crimes and also failed to bring them to court in order to be prosecuted. In 2002, the Indonesian Ad Hoc Tribunal for East Timor did not found Silaen guilty as a commander because it could not be proven beyond a reasonable doubt that his subordinates had committed the crimes.
Suratman: Ad Hoc Public Prosecutor v. Tono Suratman
Judgment, 13 May 2003, Indonesian Ad Hoc Tribunal for East Timor, Indonesia
Following violent clashes between two groups, one in favor of independence of East Timor and one against it, people of the former group sought refuge. In Liquiça, they hid in a church. In Diri, they hid in the house of one of their foremen. The attacks by an anti-independence militia caused the death and injury of many. It is claimed that several soldiers took part in the attacks. The question was whether the commander, Suratman, present in the area at time of both attacks, could be held responsible for what happened.
According to the Indonesian Ad Hoc Tribunal for East Timor, this could not be done. The involvement of his personnel could not be established and it considered the militia to be completely separate from the military. Thus, the Tribunal established that he had no effective control over those who actually committed the Crimes Against Humanity. The Tribunal could not conclude that Suratman had not taken enough action to prevent human rights violations from taking place. According to the Tribunal, he was there to look for a solution to the best of his abilities. Suratman was acquitted, which added to the international community’s concern about the effectiveness of the Tribunal.
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.
Al Anfal
Special Verdict, 24 Jul 2007, Iraqi High Tribunal (Second Criminal Court), Iraq
In 1988 the Iraqi government, under the leadership of Saddam Hussein launched a military campaign against the Kurdish population residing in northern Iraq. In eight operations from February until September of that year, both conventional and chemical weapons were deployed against the citizens of Kurdish villages resulting in the deaths and injury of hundreds of thousands. Others were executed in the following raids, their homes were looted and entire villages were burned to the ground. Others still were transported to prison camps where they were starved and detained in inhumane conditions. This campaign became known as the Al Anfal campaign and was the subject of the Iraqi High Tribunal’s second case (the first one being the Al Dujail-trial).
Seven defendants, including Saddam Hussein and his cousin Ali Hassan Al-Majid ("Chemical Ali"), were brought before the Court. Charges against Hussein were dropped when he was executed in the course of the trial as a result of his conviction in another proceeding. By a verdict of 24 June 2007, the Tribunal convicted five of the remaining six defendants for charges of genocide, crimes against humanity and war crimes. One of defendant, Tahir Tawfiq Yusif Al-'Ani, was acquitted for lack of evidence. Chemical Ali and two military commanders were sentenced to death by hanging; the other two were sentenced to life imprisonment.
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