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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.


Lipietz et al.: Lipietz et al v. Prefect of Haute-Garonne and the Sociètè Nationale des Chemins de Fer Français

Judgment, 6 Jun 2006, Second Chamber, Administrative Tribunal for Toulouse, France

The decision is the first of its kind in France to hold accountable the French State and the national railway company, the SNCF, for complicity in the deportation of Jewish individuals during World War II. The case was brought by the Lipietz family who sought damages for the prejudice they suffered as a result of being deported from the city of Pau in southern France to the internment camp at Drancy, near Paris in 1944. They argued that the State and the SNCF were responsible because their deportation was conducted with the assistance of the SNCF and with the approval of the Home Secretary.

The Administrative Tribunal of Toulouse held that both the French state and the SNCF were complicit in the deportation of the claimants, having committed egregious errors and were accordingly fined a total of 62,000 Euros. 


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

Decision, 8 Jul 2011, United States Court of Appeals, 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.

In an appeal against two previous rulings in this case, plaintiffs held that they should be allowed to sue Exxon for violations of the law of nations and for violations of state law. The question whether they were allowed to sue for violations of the law of nations hinged primarily on whether corporations can be sued for these violations and whether it is possible to sue for aiding-and-abetting international crimes. These questions were for the most part answered in the affirmative. The question whether they were allowed to sue for violations of state law hinged primarily on the question whether non-resident aliens could even bring a case before the Court. The Court stated that there was no absolute bar for non-residents aliens to sue and that this question had to be answered case-by-case. The Court of Appeals referred the case back to the District Court for further assessment.      


Duch: The Prosecutor v. Kaing Guek Eav alias Duch

Judgement, 26 Jul 2010, Extraordinary Chambers in the Courts of Cambodia, Cambodia

After the fall of the Cambodian government in 1975, the Communist Party, under the leadership of Pol Pot, came to power and renamed the state the Democratic Kampuchea. An armed conflict broke out with Vietnam, which lasted until 1979. From 1975 until 1979, Pol Pot and the Communist Party of Kampuchea sought to establish a revolutionary state and introduced a policy of ‘smashing’ their enemies, a form of physical and psychological destruction that consisted of arbitrary detention, torture and execution. This policy was implemented at a number of interrogation centres, one of which was S21. Duch, a former mathematics teacher, was the Chairman of S21 responsible for extracting confessions and information, and teaching interrogation techniques.

In the first ever judgment of the Extraordinary Chambers in the Courts of Cambodia, the Trial Chamber convicted Duch of multiple counts of war crimes and crimes against humanity. He was sentenced to 35 years’ imprisonment, minus five years as a result of his unlawful detention by the Cambodian Military Court for eight years prior to his transfer to the ECCC. This was also the first case before an international tribunal to allow victims of the crimes to participate in proceedings as civil parties and claim reparations for the harm they have suffered. 


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