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De Letier v. Chile: Isabel Morel De Letelier, et al. v. The Republic of Chile, et al.

Memorandum Opinion, 5 Nov 1980, District Court for the District of Columbia, United States

Marcos Orlando Letelier del Solar was a Chilean economist, socialist politician, diplomat and foreign minister during the presidency of the socialist President Salvador Allende. He became a refugee in the United States following the military dictatorship of General August Pinochet (1973-1990). On 21 September 1977, together with Ronni Moffitt, his American aide, they were assassinated by DINA (the Chilean secret police under Pinochet) agents after an explosive device was detonated under Orlando Letelier’s automobile.

In 1978, their relatives sued Chile and several individuals allegedly involved in the case. The District Court of Washington D.C. found that it had jurisdiction over the action and found the defendants to have killed Letelier and Moffitt while acting within the scope of their employment. The Court awarded more than $5,000,000 to the families of the two victims.


Demjanjuk: State of Israel v. Ivan (John) Demjanjuk

Verdict, 29 Jul 1993, Supreme Court of Israel, Israel

The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas. In the Treblinka camp in Poland, a Ukrainian guard nicknamed “Ivan the Terrible” was responsible for the operation of the motor to produce the gas and for various abuses perpetrated against the individuals in those camps including severe beatings with bayonets, pipes, whips and swords.

John Demjanjuk was a Ukrainian national who had retired in the United States from his career as a car-worker. He was extradited by the United States to stand trial in Israel when evidence came to light identifying him as Ivan the Terrible. He was convicted for crimes against humanity, war crimes, crimes against the Jewish people and crimes against persecuted persons and sentenced to death. On appeal, however, new evidence was introduced that cast a doubt on the identity of Ivan the Terrible. The Supreme Court of Israel found that there was reasonable doubt that Demjanjuk was not Ivan the Terrible and could not therefore be convicted of the crimes with which he was charged at Treblinka. However, the Supreme Court did state that the evidence did identify Demjanjuk as a member of the SS and a guard at other concentration camps but, since he was not charged with crimes committed in camps other than Treblinka, he had to be acquitted. 


Demjanjuk: State of Israel v. Ivan (John) Demjanjuk

Decision on Petitions Concerning Ivan (John) Demjanjuk, 18 Aug 1993, Supreme Court of Israel, Israel

The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas.

John Demjanjuk, a Ukrainian national and a retired auto-worker residing in the United States, was extradited to Israel to stand trial for war crimes and crimes against humanity allegedly committed by him during his time as a guard at the concentration camp Treblinka, Poland. He was convicted by the District Court of Jerusalem and then acquitted by the Supreme Court of Israel on the grounds of mistaken identity. The Court found that although the evidence established that Demjanjuk was a Wachtman – an individual trained at a Russian camp to assist the Germans - there was a reasonable doubt that he was Ivan the Terrible, the notorious guard at Treblinka responsible for a number of crimes.

The present decision is a petition by 10 civil parties for new trial proceedings to be brought against Demjanjuk on the basis of his involvement not with the Treblinka camp, but with the camp at Sobibor. The Supreme Court dismissed the petition finding that new proceedings might violate the rule on double jeopardy, which prohibits individuals being judged twice for the same conduct. 


Voiotia v. Germany: Prefecture of Voiotia v. Federal Republic of Germany

Judgment, 4 May 2000, Areios Pagos (Supreme Court), Greece

In June 1944, German occupation forces in Greece massacred more than 300 inhabitants of the village of Distomo and burnt the village to the ground, as reprisal for a partisan attack on German troops. In 1995, proceedings against Germany were instituted before the Greek courts, by over 250 relatives of the victims of the massacre, claiming compensation for loss of life and property. The Court of Livadia, Greece, held Germany liable and ordered it to pay compensation to the claimants. Germany appealed to the Greek Supreme Court, on the ground that it was immune from the jurisdiction of the Greek courts, on the basis of state immunity.

The Greek Supreme Court dismissed the appeal and rejected Germany’s claim of jurisdictional immunity. The Court denied German immunity applying Article 11 of the European Convention on State Immunity, considered to correspond to customary international law. Moreover, the Court held that violation of peremptory norms would have the legal effect of implicitly waiving the jurisdictional immunity. It reasoned that torts in breach of rules of peremptory international law cannot be claimed to be acts jure imperii, concluding that Germany, by breaching jus cogens, had implicitly waived its immunity.


Evans et al.: Regina v. Evans et al.

Decision following submissions of no case to answer, 3 Nov 2005, General Court Martial, Colchester, Great Britain (UK)

Seven U.K. soldiers were on patrol in Iraq on 11 May 2003, with the mission to look out for and halt persons attempting to smuggle money via neighbouring Iran. In the afternoon, a white Toyota pick-up truck came near to their checkpoint, but then drove away as if it was trying to avoid it. The patrollers decided to chase the car. They followed it until the village of Al-Ferkah, where they boxed the car with their vehicles. What happened then, is not entirely clear; what is known, though, is that force was used against both occupants; they were later taken to a hospital, but one of them, the 18 year old Nadhem Abdullah, was severely injured at his head and therefore sent to the Basra hospital for specialist treatment. Somewhere during the trip he died as consequence of his injuries. The U.K. military prosecutor accused the seven soldiers – a Corporal and six Privates under his command – of murder and violent disorder.

The judge found that there were serious issues with the evidence; most of the witness statements were either exaggerated or plain lies. Although it could be established that Abdullah had been assaulted by the accused’s section, it was unclear whether their use of force – which was in principle allowed, as part of their mission to bring an end to smuggling and other armed activities compromising security in the area – had been unlawful in the current case. Furthermore, no individual soldier could be identified as the person dealing the fatal blow, and no one could be individually found to have joined or encouraged an unlawful assault. Hence, all seven were acquitted of all charges.


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