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In its self-declared “War on Terrorism,” the United States began the “High Value Detainee” program, where suspected terrorists would be subjected to special interrogation and detention. The program was managed by the CIA, which detained suspects in secret detention facilities (“black sites”) in cooperation with other foreign governments.

Lithuania cooperated with the program by allowing the transfer of suspected terrorists through its territory. An alleged member of al-Qaeda, Mr. Zayn Al-Abidin Muhammad Husayn (known as Abu Zubaydah) was held in a black site known as “Detention Site Violet” where he was subjected to solitary confinement, hooding, and other forms of ill-treatment.  

The European Court of Human Rights found that Lithuanian authorities clearly knew the purpose of the black site and the likelihood of Abu Zubaydah’s being tortured. The Court concluded that by enabling the transfer of Abu Zubaydah to and from the site, Lithuania was equally responsible for his ill-treatment.

The Bemba case represents a significant milestone in international law, particularly concerning the doctrine of command responsibility. Mr. Jean-Pierre Bemba, a former Vice-President of the Democratic Republic of Congo, was charged with two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). These charges were linked to the actions of the Movement for the Liberation of Congo (MLC), a militia group under his command, in the Central African Republic (CAR) between 2002 and 2003. 

Mr. Bemba's trial was groundbreaking in several aspects. It was one of the first major ICC trials focusing on sexual violence as an international crime, setting a precedent for how such crimes are prosecuted globally. The prosecution argued that Mr. Bemba had effective command and control over the MLC troops and failed to take necessary and reasonable measures to prevent or repress the commission of these crimes, nor did he submit the matter to the competent authorities for investigation and prosecution. 

The defense contended that Mr. Bemba had limited means to control his forces once they were deployed in CAR and that he was not directly responsible for the atrocities committed. They argued for his inability to exercise control over the troops due to communication challenges and logistical constraints. 

The judgment and the legal reasoning behind it delved into the nuances of command responsibility, assessing the extent of a military leader's liability for the actions of their subordinates. The trial also addressed complex issues of jurisdiction, admissibility, and the participation of victims in the proceedings, making it a landmark international criminal law case. 

This case was closely watched by international legal experts and human rights advocates, as it had significant implications for how commanders at all levels are held accountable for war crimes and crimes against humanity. The verdict was seen as a test of the ICC's ability to bring high-ranking officials to justice and a statement on the international community's commitment to addressing grave human rights violations. 

Post-apartheid South Africa continues to be faced with the difficult question on how to deal with past human rights violations. From 1999 until 2005, the South Africa Prosecution Authority attempted to have Wouter Basson convicted. Basson was head of the secret chemical and biological warfare project during the apartheid era. He was charged with a variety of crimes, including murder, fraud and dealing drugs. After several charges were dismissed and Basson was acquitted of all other charges, the prosecutor sought permission to appeal. The prosecutor argued that the trial judge should have stepped back from the case, as the prosecutor had accused him of being biased. Also, the prosecutor held that several charges should not have been dismissed and that the bail records should have been admitted during the trial proceedings. The Supreme Court of Appeal had denied this request, after which the prosecutor turned to the Constitutional Court.

In the preliminary ruling under review here, the Court refused to grant permission to appeal, although it did held that the issues raised by the prosecution were constitutional matters. Therefore, the Court ruled, these issues fell within the jurisdiction of the Constitutional Court. 

Post-apartheid South Africa continues to be faced with the difficult question on how to deal with past human rights violations. From 1999 until 2005, the South Africa Prosecution Authority attempted to have Wouter Basson convicted. Basson was head of the secret chemical and biological warfare project during the apartheid era. He was charged with a variety of crimes, including murder, fraud and dealing drugs. After several charges were dismissed and Basson was acquitted of all other charges, the prosecutor sought permission to appeal. The Supreme Court of Appeal had denied this request, after which the prosecutor turned to the Constitutional Court.

The Constitutional Court granted leave to appeal, as it considered that the trial court had erred in dismissing charges against Basson regarding conspiracy to murder abroad. The trial court had held that since the conspired crimes were committed abroad, Basson could not be tried for conspiracy in South Africa. The Constitutional Court rejected that reasoning, stating that there was a close link between South Africa and the crimes committed.  

On 15 July 2015, German foreign fighter Harun P was convicted of membership in a foreign terrorist organisation and attempted murder in relation to his time in Syria in 2013 and 2014. Harun P had travelled to Syria in 2013 and joined the terrorist group Junud al-Sham. Subsequently, he confessed to participating in a large scale attack on a prison in Aleppo and to firing a mortar blindly into a populated industrial area in Syria. Since his return, he has distanced himself from his former views and cooperated significantly with the police. Harun P was ultimately sentenced to 11 years’ imprisonment.