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Duch: The Prosecutor v. Kaing Guek Eav alias Duch
Judgement, 3 Feb 2012, Extraordinary Chambers in the Courts of Cambodia, Cambodia
In the course of the armed conflict between the Democratic Kampuchea (now, Cambodia) and Vietnam from 1975 until 1979, the ruling Khmer Rouge regime perpetrated a number of abuses in their desire to establish a revolutionary State. Their policy of ‘smashing’ their enemies consisted of physical and psychological destruction involving torture and execution. This policy was implemented at S21, an interrogation centre under the leadership of Duch.
Duch was convicted by the Trial Chamber of the ECCC in its first ever judgement and awarded a sentence of 35 years’ imprisonment, with a reduction of 5 years for having been unlawfully detained by the Cambodian Military Court prior to being transferred to the ECCC. On appeal, the Supreme Court Chamber overturned this sentence and replaced it with life imprisonment and awarded no reduction in sentence. It argued that such a hefty sentence was warranted by the shocking and heinous nature of the crimes, the large number of victims (over 12000), Duch’s central leadership role and his enthusiasm for the crimes.
Case 002/01
Case 002/01 Judgement , 7 Aug 2014, Trial Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia
The Cambodian genocide (1975-1979) saw numerous serious crimes in violation of international law perpetrated by the Khmer Rouge. The Khmer Rouge, in attempting to create a socialist government in Cambodia, took Cambodians from cities and forced their relocation into labor camps in the countryside. Physical abuse, malnutrition, and disease were prevalent. Elites, foreigners, and those considered enemies of the state were executed. It is estimated that almost 2 million people died.
Case 002/01 was limited to the crimes involved in the movement of the populations and executions at Tuol Po Chrey that occurred during the period of the Cambodian genocide. The case found defendants Nuon Chea, the Deputy Secretary of the Communist Party of Kampuchea and Khieu Samphan, former Head of State of Democratic Kampuchea, guilty of crimes against humanity. The defendants were charged for the crimes of murder, political persecution, and other inhumane acts (forced transfer) for the two forced movements of Cambodians from the cities to rural areas and other related crimes. In addition, the defendants were found guilty of the added charges pertaining to the hundreds of executions of Khmer Republic soldiers and officials that occurred at Tuol Po Chrey, executed by Khmer Rouge forces.
Both defendants appealed.
Thirith: The Prosecutor v. Ieng Thirith
Judgment yet to come, Extraordinary Chambers in the Courts of Cambodia, Cambodia
After the fall of the Cambodian government in 1975, the Communist Party, under the leadership of Pol Pot, came to power and renamed the State the Democratic Kampuchea. An armed conflict broke out with Vietnam, which lasted until 1979. From 1975 until 1979, Pol Pot and the Communist Party of Kampuchea sought to establish a revolutionary State and introduced a policy of ‘smashing’ their enemies, a form of physical and psychological destruction that consisted of arbitrary detention, torture and execution. This policy lead to the deaths of an estimated two million people.
The Accused, Ieng Thirith, was the highest-ranking female in the regime, Pol Pot’s sister-in-law and the wife of Ieng Sary, the regime’s former Foreign Minister. Ieng Thirith was indicted in 2010 on charges of war crimes, crimes against humanity and genocide for her role in the events. In September 2012, on the basis of repeated examinations by multiple medical experts, the Extraordinary Chambers in the Courts of Cambodia found the now 80-year-old Ieng Thirith unfit to stand trial due to her dementia and released her subject to certain conditions. Although the charges have not been withdrawn, a trial is unlikely to happen in the future considering her age and mental state.
Feres v. United States
Opinion of the Court, 4 Dec 1950, U.S. Supreme Court, United States
Ms. Feres brought a claim for compensation for the death of her husband, who was a member of the armed forces. Her husband died in a fire in the barracks at Pine Camp, New York, which was a military post of the US. Feres claimed that the US was responsible for the death because it was known or should have been known that the barracks were unsafe.
The District Court dismissed the claim. The dismissal was confirmed by the Court of Appeals.
Feres appealed to the U.S. Supreme Court. The Court upheld the dismissal because the claim was based on law, the Federal Tort Claims Act, which did not provide for compensation in case of injuries suffered by military personnel in the course of activity incident to service.
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.
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