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Barhoumi v. Obama et al.: Sufyian Barhoumi v. Barack Obama et al.
Order, 3 Sep 2009, United States District Court for the District of Columbia, United States
Sufyian Barhoumi is an Algerian nation who was allegedly providing assistance to al-Qaeda through buying certain electronic components needed for the building of remote-controlled explosive devices and through providing training to build such bombs. In July 2005, Barhoumi filed a petition for a writ of habeas corpus (a legal action allowing a detained person to challenge the legality of his/her detention).
The District Court’s opinion remained confidential but in the subsequent judgment of the Court of Appeals, its findings and reasoning has been summarized. The District Court denied Barhoumi’s petition on the grounds that he was properly detained under the Authorization for Use of Military Force of 2001.
Johnson v. Eisentrager: Johnson et al. v. Eisentrager et al.
Judgment, 5 Jun 1950, Supreme Court, 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, that 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 Court of Appeal of the District of Columbia reversed the decision. In the present decision, the Supreme Court of the United States reversed the decision of the Court of Appeal to hold that foreign enemy nationals, not resident in the United States, have no right to a writ of habeas corpus.
Doe et al. v. Karadžić: Jane Doe I et al. v. Radovan Karadžić
Judgment, 4 Oct 2000, United States District Court for the Southern District of New York, United States
The complaint against Radovan Karadžić was filed by victims and survivors of the crimes committed in Bosnia during the Bosnian War in 1992-1995. They requested compensation for the suffering they have experienced. The crimes alleged include, but are not limited to rape, murder, beatings, and emotional distress.
On 4 October 2000, the District Court ordered Radovan Karadžić to pay $4.5 billion in damages to the victims and survivors.
Al Bihani: Ghaleb Nassar Al Bihani, Petitioner, v. Barack H. Obama et al., Respondents
Memorandum Order, 28 Jan 2009, United States District Court for the District of Columbia, United States
Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit.
Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. The Court found that the government had proved by a preponderance of evidence that al Bihani had supported the Taliban: faithfully serving in an al Qaeda affiliated fighting unit that is directly supporting the Taliban by helping to prepare the meals of its entire fighting force suffices.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 14 Oct 2005, 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. The Court allowed the case to proceed in part. The plaintiffs had attempted to bring the suit under federal statutes which allow aliens to sue for violations of human rights. The Court dismissed these claims for several reasons, including that these claims could not be assessed without passing judgment on another country, Indonesia, which the Court refused to do. Also, claims were dismissed because they had not been pled adequately.
Claims based on state laws were allowed to proceed, although claims against a corporation in which Indonesia owned a majority interests were dismissed because ruling on this company would mean passing judgment on Indonesia. The Court also cautioned the parties to be careful not to intrude into Indonesian sovereignty during further proceedings.
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