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A group of Dutch individuals and organisations filed a claim against the Netherlands asking for the arrest of George W. Bush. The proceedings were filed in advance of Bush’s visit to the Netherlands in his capacity as US President.

The American Service-Members’ Protection Act of 2002 (ASPA) allows the US to invade Dutch territory to liberate American or Israeli military personnel in the event that they are detained by the International Criminal Court (ICC). The petitioners said that such an incursion might result in many casualties and would violate international law. Therefore, they claimed that the ASPA constitutes a threat against the Netherlands, its citizens, and the ICC, and had to be assigned to George W. Bush.

On 5 April 2005, the District Court dismissed the case. The Court held that it cannot hear cases presenting political questions. In addition, the Court held that it could not prosecute George W. Bush because he enjoyed immunity as head of state.

In the present case, the Court refused the appeals filed by both the Prosecutor’s Office and the aggrieved party Anđa Obradović and upheld the first instance verdict of 29 June 2009. In this verdict, the accused Ferid Hodžić was acquitted of the charges for war crimes against civilians and prisoners of war in the period between May 1992 and 26 January 1993 taking place in the municipality of Vlasenica.

Sylvère Ahorugeze was a Rwandan national and former director of the Rwandan Civil Aviation Authority and Kigali international airport. An international arrest warrant was issued against him on the basis of his alleged participation in the crime of genocide (intentional destruction of a national, racial, ethnical or religious group or part of it) and crimes against humanity (crimes committed on large scale including but not limited to murder, rape, torture) committed in Rwanda in 1994. On 16 July 2008, Ahorugeze was arrested in Sweden and on 7 July 2009, the Swedish government decided that he could be extradited to Rwanda. 

Subsequently, Ahorugeze filed an application at the ECtHR.  He claimed that his health was poor, and that his Hutu ethnic background, the prison conditions in Rwanda, and a lack of impartiality and independence of the judiciary were factors that should prevent his extradition to Rwanda. The Court dismissed his case and held that there were no reasons to believe that Ahorugeze would be subjected to inhumane or unfair treatment in Rwanda and that he would not receive a fair trial.

On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.

In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings. By a decision of 25 November 1998, the House of Lords in a 3:2 majority held that Pinochet was not entitled to immunity from criminal proceedings and could therefore be extradited.