354 results (ordered by relevance)
<< first
< prev
page 42 of
71
next >
last >>
Sesay et al.: The Prosecutor v. Issa Hassan Sesay , Morris Kallon and Augustine Gbao
Judgement, 26 Oct 2009, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
The armed conflict in Sierra Leone, from 1991 until 2002, opposed members of the Revolutionary United Front and Armed Forces Revolutionary Council to Civil Defense Forces, loyal to the ousted President Kabbah. The hostilities were characterised by brutality as civilians and peacekeepers were targeted.
Sesay, Kallon and Gbao were all high-ranking members of the RUF, who were convicted by Trial Chamber I for multiple counts of war crimes and crimes against humanity. Sesay received a sentence of 52 years’ imprisonment, Kallon 40 years and Gbao 25 years. On appeal, the Appeals Chamber upheld the sentences despite complaints about their length and the incorrect approach of the Trial Chamber. In particular, the Appeals Chamber made some important findings as to the law applicable for defining a common plan in a joint criminal enterprise and the requirements for the crime of hostage taking.
Ayyash et al.: The Prosecutor v. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hasan Sabra
Interlocutory decision on the applicable law: terrorism, conspiracy, homicide, perpetration, cumulative charging, 16 Feb 2011, Special Tribunal for Lebanon (Appeals Chamber), The Netherlands
On 14 February 2005, a bomb in downtown Beirut exploded, killing 22 people, including the former Prime Minister of Lebanon, Rafik Hariri. The Special Tribunal for Lebanon was established by the Security Council in order to prosecute persons responsible for the bombing.
In its interlocutory decision, the Appeals Chamber interpreted the STL Statute to require application of substantive Lebanese law as applied by Lebanese courts, but not before noting that binding international obligations, including customary international law, should inform any such interpretation. The Appeals Chamber held, inter alia, that not only does a customary rule exists between states to suppress terrorist act, but that terrorism is an individual international crime under customary law.
The Special Tribunal for Lebanon Appeals Chamber examined state practice and binding international covenants to assert that the crime of terrorism is “commonly accepted at the international level.” As such, the Chamber derived the key components in formulating a general definition of terrorism: (1) the perpetration of a criminal act; (2) the intent to spread fear among the population or coerce a national or international authority to take some action; (3) and the act involves a transnational element. For the first time, a tribunal of international character has established the existence of a customary rule of international law recognizing an international crime of terrorism in times of peace.
Bout: United States of America v. Viktor Bout
Judgment, 5 Feb 2012, District Court for the Southern District of New York, United States
Viktor Bout, a notorious international arms dealer also known as the Merchant of Death, was alleged of trafficking weapons to several African warlords, dictators in the Middle-East and the Colombian FARC. The US Drug Enforcement Administration (DEA) decided to catch him through a sting operation in which DEA officers posed as FARC fighters and discussed with him a multimillion-dollar weapons transaction supposedly in order to aid the FARC in its fight against the Colombian government and the United States. The operation succeeded and Bout was caught by police forces in Thailand.
The US charged him with conspiracy to kill US nationals and officials and with conspiring to provide material support to a terrorist organisation (the FARC). Initially, Bout managed to have the Thai Criminal Court prohibit his extradition due to it being politically motivated. However, in appeals the decision was overturned and Bout was extradited to the US in 2010. A US jury found him guilty on all charges in 2011 and on 5 April 2012, he was sentenced to 25 years imprisonment - the minimum sentence, since the judge had found "no reason to believe Bout would ever have committed the charged crimes".
Abdulmutallab: United States of America v. Umar Farouk Abdulmutallab
Judgment in a Criminal Case, 16 Feb 2012, United States District Court – Eastern District of Michigan, United States
Umar Farouk Abdulmutallab is a Nigerian national who was accused of attempting to set off an explosive device on a plane travelling from Amsterdam (the Netherlands) to Detroit, Michigan (the United States of America) on 25 December 2009.
In an indictment filed before the United States District Court for the Eastern District of Michigan, prosecutors charged Abdulmutallab with eight counts, including conspiracy to commit terrorism. Abdulmatallab pleaded guilty on 21 October 2011 to all counts, including conspiracy to commit terrorism. On 16 February 2012, the District Court sentenced him to life imprisonment for four counts (including conspiracy to commit terrorism), and an additional 50 years for the remaining counts.
Bout: United States of America v. Viktor Bout
Appeal Judgment, 27 Sep 2013, United States Court of Appeals for the Second Circuit, United States
Viktor Bout, a notorious international arms dealer also known as the Merchant of Death, was alleged of trafficking weapons to several African warlords, dictators in the Middle-East and the Colombian FARC. The US Drug Enforcement Administration (DEA) decided to catch him through a sting operation in which DEA officers posed as FARC fighters and attempted to order about hundred anti-air missiles and weapons "to use against Colombian and United States nationals" in Colombia. The operation succeeded and Bout was caught by police forces in Thailand.
The US charged him with conspiracy to kill US nationals and officials and with conspiring to provide material support to a terrorist organisation (the FARC). Initially, Bout managed to have the Thai Criminal Court prohibit his extradition due to it being politically motivated. However, in appeals the decision was overturned and Bout was extradited to the US in 2010. A jury found him guilty on all charges in 2011 and op 5 April 2012, he was sentenced to 25 years imprisonment.
Bout appealed his conviction, claiming that he was innocent and that he had never intended to harm or even contribute to harming US nationals. The Court of Appeal did not agree with him, however, and his conviction was affirmed on all points.
<< first
< prev
page 42 of
71
next >
last >>