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El Hage et al.: United States of America v. Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-’Owhali, Wadih El Hage
Appeals Decision, 24 Nov 2008, Court of Appeals for the Second Circuit, Unites States of America, United States
Wadih El-Hage, 40, is a naturalised American citizen who was born in Lebanon. He was Osama bin Laden's personal secretary. He was accused of being the key organiser of the Kenya cell and of setting up front companies in Kenya for Al Qaeda. He left Kenya almost a year before the bombings, after being questioned by the FBI in Africa. At the time of the bombings, he was living in Arlington, Texas, with his wife, April, and seven children. El Hage claimed he only worked for bin Laden in legitimate businesses and had no contact with him since 1994. El Hage was charged with conspiracy to murder Americans.
On 29 May 2001, El Hage was convicted for conspiracy to kill United States officers and employees engaging in official duties and conspiracy to destroy buildings and property of the United States. In addition, he was found guilty of giving false statements to a federal jury (perjury). On the basis of this conviction, El Hage was sentenced to life in prison without the possibility of being released.
On 24 November 2008, the Court of Appeals affirmed the conviction of El Hage and returned the judgment for reconsideration of the sentence because the District Court made procedural errors. El Hage was sentenced again to life imprisonment.
Kasa: The Prosecutor v. Leonardus Kasa
Judgement, 9 May 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor
The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters.
The Accused, Leonardus Kasa, was a member of the pro-autonomy Laksaur militia group. He was brought before the Special Panels for Serious Crimes for having allegedly raped an East Timorese woman. He contended that the relationship was not based on coercion and in any event the Special Panels could not hear his case as it fell outside their jurisdiction, the alleged rape having been committed in West Timor. The Special Panels agreed, finding that under the constitutive instruments of the Panels and the applicable law, there was no jurisdiction to try the case. It would have to be dealt with by an Indonesian court.
Physicians for Human Rights v. IDF Commander: Physicians for Human Rights v. The Commander of the IDF Forces in the West Bank & Badia Ra’ik Suabuta v.The Commander of the IDF Forces in the West Bank
Judgment , 8 Apr 2002, The Supreme Court sitting as the High Court of Justice, Israel
Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited
Order Granting Defendants’ Motion to Dismiss, 9 Jul 2002, United States District Court Central District of California, United States
After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population. They relied on the Alien Tort Claims Act, a US Act which permits aliens to present a claim in a US court when, allegedly, the law of nations has been breached.
The Court stated that it had jurisdiction to hear the majority of the claims. However, it dismissed the claim in entirety, based on the political question doctrine. If the judiciary would rule on the merits of the case, the Court stated, it would judge the policy of Papua New Guinea during the civil war and thereby tread on the exclusive domain of the executive branch of the government, which has the prerogative to decide on foreign policy.
Cardoso: The Prosecutor v. Jose Cardoso
Judgement, 5 Apr 2003, Special Panels for Serious Crimes (District Court of Dili), East Timor
The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters.
The Accused, Jose Cardoso, was the Deputy Commander and subsequently the Commander of the pro-autonomy militia group Kaer Metin Merah Putih (KMMP). From May until September 1999, he issued a number of orders to attack both known and suspected independence supporters. These individuals were arrested, beaten and detained for months in cramped and extremely unhygienic conditions without regular access to food or water. One victim had his eat cut off and force fed to him on orders of the Accused. Two women were raped by the Accused. Two other individuals were murdered as a result of the Accused’s orders.
Cardoso was convicted for 9 counts of crimes against humanity by the Special Panels for Serious Crimes and sentenced to 12 years’ imprisonment.
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