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Kruger v. The Commonwealth of Australia: Alec Kruger and others v. The Commonwealth of Australia
Order, 31 Jul 1997, High Court of Australia, Australia
Eight inhabitants of the Northern Territory (Australia) who had been taken from their families between 1925 and 1944 under the Aboriginals Ordinance of 1918 (which allowed the forced removal of children of mixed Aboriginal descent), and a mother, Rose Napangardi McClary, whose child had been taken from her under the same law, sought a declaration that the Ordinance was unconstitutional. They instituted legal proceedings in 1995. In July 1997, the High Court rejected all their arguments and held that the Ordinance was not unconstitutional.
Bil'in v. Green Park: Bil'in v. Green Park International and Green Mount International
Judgment, 18 Sep 2009, Québec Superior Court, Canada
The heirs of a Palestinian landowner and the council of a Palestinian town sue two Canadian companies in Québec, claiming that by carrying out Israeli construction orders, they are assisting Israel in war crimes.
The Superior Court of Québec dismissed the claim, stating that the Israeli High Court of Justice would be a more suitable place to argue this case. Still, the judge did recognise that a person committing a war crime could be liable under civil law, for example a person who ‘knowingly participates in a foreign country in the unlawful transfer by an occupying power of a portion of its own civilian population into the territory it occupies’.
Bil'in v. Green Park: Bil'in v. Green Park International and Green Mount International
Judgment, 11 Aug 2010, Québec Court of Appeal, Canada
The heirs of a Palestinian landowner and the council of a Palestinian town sue two Canadian companies in Québec, claiming that by carrying out Israeli construction orders, they are assisting Israel in war crimes. The Superior Court of Québec dismissed the claim, stating that the Israeli High Court of Justice would be a more suitable place to argue this case. The Court of Appeal confirmed this, most importantly stating that this case essentially revolved around citizens from the West Bank and corporations carrying out work in the West Bank. Therefore, the Court held, it would require ‘a great deal of imagination to claim that the action has a serious connection with Quebec’.
Bignone (Plan Sistemático): Reynaldo Bignone “Plan Sistemático” / Franco Rubén O. et al.
Verdict, 17 Sep 2012, Federal Criminal Oral Tribunal No. 6 of Buenos Aires, Argentina
Reynaldo Bignone, born in 1928, was the de facto president of Argentina from 1982 to 1983 and the last dictator to hold power in the country. As such, he was appointed by the military junta and sought to impose amnesty laws for perpetrators of gross human rights violations before transferring power to the democratically elected Raul Alfonsin. Nevertheless, in 2005 the Argentinean Supreme Court overturned these amnesties and opened the way for prosecutions of those involved in the country’s 1976-1983 “Dirty War”. Since then, Reynaldo Bignone was charged and convicted of crimes against humanity in several trials on the basis of his involvement in the Dirty War.
In the current case, Federal Criminal Oral Tribunal No. 6 of Buenos Aires sentenced Bignone to 15 years' imprisonment for crimes against humanity for the implementation of a systematic plan to abduct and appropriate 31 children between 1976 and 1983. Other accused were sentenced to terms ranging from 5 to 50 years in prison.
Prosecutor v. Mohammed G.
Judgment, 23 Oct 2013, District Court of Rotterdam, The Netherlands
This is the one of the first cases in Europe in which a person was tried for attempting to travel to Syria to join the jihad. Mohammed G., a 24-year old Dutch national, made several preparations for his departure; he booked an airplane ticket from Amsterdam to Gaziantep (Turkey), he packed his suitcase and expressed his support for the jihad multiple times. The District Court of Rotterdam found Mohammed G. not guilty of preparatory acts for and/or the committing of terrorist crimes. However, it did find the defendant guilty of preparatory acts to commit murder. According to the Court, these acts had to be seen ‘within the framework of terrorism’.
The defendant suffered from a psychotic disorder, meaning that he suffered from hallucinations in which he heard a voice in his head ordering him to take action within the framework of jihad. On the basis of this fact, the Court found the defendant not criminally responsible and acquitted him. Instead, the defendant was ordered to spend a year in a psychiatric hospital.
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