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Škrobić: Prosecutor’s Office of Bosnia and Herzegovina v. Marko Škrobić

Second Instance Verdict, 22 Apr 2009, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina

On 31 July 1992, in Novo Selo (Kotor Varoš Municipality), Marko Škrobić, as a member of the Kotor Varoš HVO (Croat Defence Council) unit, entered the house of Glamocak family, together with four other armed persons. He ordered Boro Glamocak and his family to leave the house immediately. He also forced Stojko Glamocak, Boro’s father, out of the adjacent building and marched the family into the direction of the village of Ravne. On the way to that village, Marko Škrobić shot Stojko with a pistol, leading to his death.

A Trial Court had found Škrobić guilty of war crimes and sentenced him to 10 years’ imprisonment on 22 October 2008. Both the Defence and Prosecution appealed to this decision.

The Appellate Panel dismissed as unfounded an appeal filed by the Prosecutor’s Office; dismissed appeals filed by the Defence and upheld an appeal filed by the Defence regarding the sentencing. The Panel held that the Trial Court had failed to properly take account of the fact that Škrobić was a married father of two minor children. Therefore, the Panel revised the sentence of Škrobić to nine years’ imprisonment


Al-Quraishi v. Nakhla (Appeal): Wissam Abdullateff Sa’eed Al-Quraishi, Plaintiff-Appellee v. L-3 Services, Defendant-Appellant and Adel Nakhla, et al., Defendants; and Wissam Abdullateff Sa’eed Al-Quraishi, Plaintiff-Appellee v. Adel Nakhla, Defendant-Appellant and L-3 Services, et al., Defendants.

Opinion, 21 Sep 2011, United States Court of Appeals for the Fourth District, United States

Following the 2003 invasion of Iraq, the U.S. military took control of the Abu Ghraib prison located near Baghdad, using it to detain criminals, enemies of the provisional government, and other persons thought to possess information regarding the anti-Coalition insurgency. The U.S. contracted with CACI International, Incorporated (with CACI Premier Technology, Incorporated, together referred to as CACI), and Titan Corporation, now L-3 Services, Incorporated (L-3), to provide civilian employees to assist the military in communicating with and interrogating the latter group of detainees. The use of these contractors has led to certain controversy, mainly because of multiple instances where they ended up torturing or unlawfully killing people. These practices led to three big law suits by groups of Iraqis who had allegedly been tortured in prisons guarded and/or maintained by private contractors: Saleh v. Titan Corp., Al-Shimari v. CACI Inc. and Al-Quraishi v. Nakhla & L-3 Inc.

The current case revolves around L-3, a U.S. company that was hired to provide civilian translators of Arabic in connection with military operations. These translators worked at, among other places, military prisons and detention facilities in Iraq, such as the Abu Ghraib prison – notorious for the torturing of detainees – just outside of Baghdad. Adel Nakhla, a US citizen from Egyptian origin, was one of the translators working for L-3 at the Abu Ghraib prison. Plaintiffs – 72 Iraqis who were arrested between July 2003 and May 2008 by coalition forces and held for periods varying from less than a month to more than four years at various military-run detention facilities in Iraq, including the Abu Ghraib prison – alleged that they were innocent and that they were eventually released from custody without being charged with any crimes. They filed a complaint before the U.S. District Court for Maryland, accusing L-3 and its employees (including Nakhla) of war crimes, torture and other (systematic) maltreatment committed against them during their custody. These abuses included beatings, hanging by the hands and feet, electrical shocks, mock executions, dragging across rough ground, threats of death and rape, sleep deprivation, abuse of the genitals, forced nudity, dousing with cold water, stress positions, sexual assault, confinement in small spaces, and sensory deprivation. They also allege that their individual mistreatment occurred as part of a larger conspiracy involving L-3 and its employees, certain members of the military, and other private contractors. L-3 and Nakhla responded with motions to dismiss, arguing that they were immune from prosecution and, relying on the political question doctrine, that the Court had no competence to hear the complaint. The Court rejected the motions on 29 June 2010, noting that the alleged behaviour violated national and international law and that defendants, who were private contractors, could not rely on the political question doctrine. The case was deferred for further review under Iraqi law.

Defendants appealed the decision to reject their motions, to which plaintiffs responded that U.S. appeals courts have no jurisdiction to rule on their appeals since the underlying case was not decided yet. The U.S. Court of Appeals for the Fourth District disagreed: it found that the current issue was of great public importance so that, since the District Court had given a final decision on defendants’ immunity, it was entitled to jurisdiction. Now that it could exercise jurisdiction, the Court of Appeals quashed the District Court’s decision in its entirety and remanded it with instructions for dismissal of plaintiffs’ claim.


Karemera & Ngirumpatse: The Prosecutor v. Edouard Karemera & Matthieu Ngirumpatse

Judgement and Sentence, 2 Feb 2012, International Criminal Tribunal for Rwanda, Tanzania

The Arusha Accords brought an end to the civil war in Rwanda that had opposed the government to the Tutsi dominated Rwandan Patriotic Front. They introduced a transitional multi-party government with Habyarimana of the Mouvement Républicain National pour la Démocratie et le Développement (MRND) as its President. Following the death of the president on 6 April 1994, however, hostilities broke out once more.

The MRND, with the Accused Ngirumpatse as its President and his co-Accused Karemera as its Vice President proceeded to introduce and implement measures designed to target the Tutsi population. They actively supported the Interahamwe, a civilian militia that acted as the youth wing of the MRND, and which was resopnsible for the mass killing as well as the rape and sexual assault of countless Tutsi women. The Accused interfered with the territorial administration in Rwanda, warning local officials to support the Hutu policy and replacing any who opposed the killing of Tutsis. They travelled across governemnt controlled parts of Rwanda and espoused their anti-Tutsi policy with a view to inciting more killings.

By a judgment of 2 February 2012, Trial Chamber III of the International Criminal Tribunal for Rwanda found both Accused guilty of genocide, conspiracy to commit the same, direct and public incitement of the same, rape and extermination as crimes against humanity and the war crime of killing. They were both sentenced to life imprisonment. The judgment comes after 7 years of trial, the withdrawal of three judges, the death of one co-Accused and the controversial decision taking judicial notice that a genocide occurred in Rwanda in 1994, thereby alleviating the Prosecution of having to introduce evidence in order to prove the allegation beyond a reasoinable doubt.


Eisentrager v. Forrestal: Eisentrager et al. v. Forrestal, Secretary of Defense et al.

Appeal from the United States District Court for the District of Columbia, 15 Apr 1949, United States Court of Appeal, District of Columbia, Unites States of America, United States

On 8 May 1945, Germany unconditionally surrendered obliging all forces under German control to immediately cease hostilities. Twenty-one individuals, all German nationals, were tried and convicted by a United States military commission in China for violating the laws of war, namely by continuing to engage in, permitting or ordering military activity against the United States after the surrender of Germany. They were then transferred to a German prison and remained in the custody of the United States Army.

The twenty-one individuals, represented by Eisentrager, petitioned the United States District Court for the District of Columbia arguing that their continued detention violated the Constitution of the United States and they demanded a writ of habeas corpus, which is the right to be brought before a Court. The District Court denied the writ arguing that the petitioners were located outside of its jurisdiction. The present decision by the Court of Appeal for the District of Columbia reversed the decision of the District Court to hold that any individual is entitled to a writ of habeas corpus, an inherent common law right, where they have been deprived of their liberty by an act of the United States Government and their detention is in violation of the United States Constitution. 


Eichmann: Attorney General v. Adolf Eichmann

Judgment, 29 May 1962, Supreme Court of Israel, Israel

The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands.

The Appellant, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen.

He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. He was convicted of all 15 counts and sentenced to death by the District Court of Jerusalem. His appeal was rejected by the Supreme Court of Israel and he was executed by hanging a few minutes before midnight on 31 May 1962.


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