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Lubanga: The Prosecutor v. Thomas Lubanga Dyilo

Decision on Sentence Pursuant to Article 76 of the Statute (Public), 10 Jul 2012, International Criminal Court (Trial Chamber I), The Netherlands

The armed conflict in the Democratic Republic of the Congo opposed numerous tribes of different ethnicities in their struggle to gain power and territory, particularly over the Ituri province in the north-eastern part of the DRC, an area rich in natural resources such as gold and diamonds. One such group, the Union Patriotique des Congolais, was established in 2000 and appointed Lubanga as its chairman. He was also the commander in chief of the armed wing of the UPC, the Front Patriotique pour la Libération du Congo. This armed group was well known for its use of young children to participate in the hostilities, from fighting, to cooking, cleaning, spying, and being used as sexual slaves.

Lubanga was convicted by Trial Chamber I in the International Criminal Court’s first verdict for the war crime of conscripting, enlisting or using children under the age of 15 to actively participate in hostilities. He was sentenced to 14 years’ imprisonment on 10 July 2012, with credit for the 6+ years he had spent in detention in the Netherlands during his trial. In determining the appropriate sentence, the Court assessed the gravity of the crimes by considering the age and particular vulnerability of the victims. However, it also considered that Lubanga’s cooperation with the Court and respectful attitude even despite the Prosecution’s conduct merited mitigation. 


Kiobel v. Shell: Esther Kiobel et al. v. Royal Dutch Petroleum Company et al.

Certirorari to the United States Court of Appeals for the Second Court, 17 Apr 2013, Supreme Court, United States

The Shell Petroleum Development Company of Nigeria Limited was involved in extracting and refining oil in the Ogoni region of Nigeria. Concerned over the devastating environmental impact that Shell’s activities were having on the region, a group of individuals known collectively as the Ogoni Nine, protested against Shell’s activities. The Ogoni Nine were detained by the Nigerian military junta on spurious charges, held without charge, tortured and hanged following a sham trial before a Special Tribunal in November 1995.

The present dispute is a class action filed by 12 Nigerian individuals, now US residents, seeking compensation from Shell for having aided and abetted the Nigerian government to summarily execute the activists in an effort to suppress protests against Shell’s oil operations. Specifically, they allege that Shell bribed and tampered with witnesses and paid Nigerian security forces that attacked Ogoni villages. In 2006, the District Court for the Southern District of New York upheld the charges for crimes against humanity of torture and arbitrary arrest and detention, and dismissed the charges against the defendants for extrajudicial killing and violations of the right to life, security and association. On appeal by both parties, the Court of Appeals for the Second Circuit held that the Alien Tort Statute does not provide jurisdiction over claims for violations of international law committed by corporations and not individual persons. Accordingly, the suit against the defendants could not continue and all charges were dismissed.

Ultimately, the Supreme Court confirmed the Appeals Court's decision, but based it on the ground that Alien Tort Statute has no extraterritorial application and thus does not apply to events that happened outside the United States.


Prosecutor v. Shukri F.

Judgment, 7 Jul 2016, Court of Appeal of The Hague, The Netherlands

On 1 December 2014 Ms. Shukri F., a young Dutch woman, was acquitted on two charges by the District Court of The Hague. She was charged with 1) recruiting people to join the armed struggle in Syria, and; 2) incitement to commit terrorist crimes and dissemination of and collecting inciting material. Although the Court acquitted her, the Prosecutor appealed. 

The defendant was allegedly active in spreading the virtues of Islamic orthodoxy in multiple ways. First, she used social media and gave lectures about Islam. Second, she encouraged multiple women (some underage) to marry and to depart to Syria. Third, she married a man who she supported in his wish to go to Syria. After he had left for Syria she divorced him and married another man, Maher H., who she also encouraged to depart to Syria.

The Court of Appeal ruled that it could not establish that the defendant recruited people to join the armed struggle in Syria. It could establish, however, that 2 videos she had posted on Twitter amounted to the dissemination of inciting materials. For that reason she was sentenced to a suspended imprisonment term of 6 months and a probation period of 2 years.


Khadr: United States of America v. Omar Ahmed Khadr

Verdict, 31 Oct 2010, Military Commission, United States

Omar Khadr, a Canadian citizen, was 15 years old when he was captured and seriously injured in a firefight in Afghanistan on 27 July 2002. The US accused Khadr of throwing a grenade that killed US Army Sergeant First Class Christopher Speer and injured two others. He was charged with murder and attempted murder, conspiracy to commit terrorism, providing support for terrorism, and spying.

On 25 October 2010, Khadr pleaded guilty to murder and attempted murder in violation of the laws of war, conspiracy to commit terrorism, providing support for terrorism, and spying, and was sentenced to eight years of imprisonment.

In spite of Khadr's young age at the time of his capture, the United States imprisoned him together with adults.

Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were widely denounced by civil rights groups and various newspaper editorials. He has been frequently referred to as a child soldier.


Prosecutor v. Abdelkarim El. B.

Urteil (Judgment), 8 Nov 2016, Higher Regional Court, Frankfurt am Main, Germany

On 8 November 2016, German foreign fighter Abdelkarim El B. was convicted of membership in a terrorist organisation abroad, illegally possessing a Kalashnikov, and committing a war crime by treating a protected person in a gravely humiliating or degrading manner. He had travelled to Syria in September 2013 in order to fight for ISIL. On 7 November 2013, El. B. and his fellow ISIL fighters found the corpse of a Syrian army soldier. While the defendant was filming and verbally encouraging them, the other fighters cut the nose and ears of the dead body, stepped on it and then shot it in the face.  On 10 February 2014, he was arrested at the German Embassy in Ankara, Turkey, and extradited to Germany on 25 February 2015. Abdelkarim El B. was sentenced to 8 years and 6 months of imprisonment. 


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