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Between April 2012 and January 2013, the armed Islamist groups Ansar Dine and Al-Qaeda in the Islamic Maghreb (AQIM) took control of Timbuktu, Mali. The current case concerns the acts committed by Mr. Al Hassan who was the chief of the Islamic Police and was involved in the Islamic Court’s work. At the time that Mr. Al Hassan was the Chief of the Islamic Police, he enforced discriminatory laws and committed religious persecution, among other crimes. Through his role in the Islamic Court, Mr. Al Hassan took part in the transfer of accused persons, and implemented the judgments and sentences handed down by the Islamic Court. 

On 26 June 2024, the ICC convicted Mr. Al Hassan of several of the charges brought against him of war crimes and crimes against humanity. During the sentencing judgement, the Court considered the mitigating circumstances of the minor actions taken by Mr. Al Hassan to assist the civilian population in 2012-2013 and his cooperation with the Prosecution at the investigation stage. Mr. Al Hassan was sentenced to 10 years of imprisonment on 20 November 2024. The time which Mr. Al Hassan had spent in detention from 28 March 2018 to 20 November 2024, was deducted from his sentence. As such, Mr. Al Hassan will be serving his sentence for committing the war crimes of torture, cruel treatment, outrages upon personal dignity, sentencing without due process, and mutilation, as well as the crimes against humanity of torture, persecution, and other inhumane acts.

Klaus Barbie was a member of the German SS and later the head of the Gestapo in Lyon, Occupied France in 1942. He was wanted by the French authorities for charges of crimes against humanity committed during World War II, during which time he earned the nickname the ‘Butcher of Lyon’ in recognition of his notorious interrogation style.

After the war, he was recruited by the Army Counter Intelligence Corps of the United States, which later helped him emigrate to Bolivia. When the French authorities became aware of his residence in Bolivia, an arrest warrant was issued. Bolivia expelled Barbie and, as he was disembarking a plane in French Guyana, he was picked up by French authorities and detained.

A crucial question in his case has been the qualification of the crimes with which he is charged: crimes against humanity are not subject to a statute of limitations and may therefore be prosecuted irrespective of how long ago they were committed. By contrast, war crimes are subject to the French statute of limitations of 10 years. The present decision was an appeal by a number of civil parties and associations against a decision of a lower court, which held that proceedings against Barbie could not continue for conduct qualified as war crimes as the 10 year window had elapsed. The Supreme Court of France upheld the applicability of the 10 year statute of limitations to war crimes, but it clarified the difference between conduct which may amount at the same time to war crimes and crimes against humanity. As a result, Barbie’s case was sent back to the lower court so that proceedings could continue against him on charges of crimes against humanity, particularly persecution of innocent Jews as part of the "Final Solution". Crimes committed against resistance fighters were, however, excluded as war crimes. 

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.

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.

The present decision of 24 March 1999 by the House of Lords held that Pinochet is not entitled to immunity in respect of charges of torture and conspiracy to commit torture where such conduct was committed after 8 December 1988, the date upon which the 1984 Torture Convention entered into force in the UK. This temporal qualification significantly limited the charges for which Pinochet can be extradited to Spain as the majority of the conduct alleged was either not an extraditable offence or was committed prior to this date. Under English law, it was now for the Home Secretary, then Jack Straw, to decide whether or not to issue an authority to proceed with extradition. 

The Accused in the present case was Jean Kambanda, the former Rwandan Prime Minister. On 4 September 1998, he had pleaded guilty to genocide and crimes against humanity (murder and extermination) and Trial Chamber I of the ICTR had sentenced him to life imprisonment. He appealed against that sentence and later requested that his guilty plea be quashed and that he stand trial.

Before the Appeals Chamber, Kambanda argued that he had not been assigned the lawyer of his choice and that even when he finally did receive legal representation the assignment of the lawyer was influenced by the Prosecution. He also accused his defense counsel, Mr. Oliver Michael Inglis, of inadequate representation. In addition, he claimed that the Registry had organized his detention in facilities where he was isolated from other detainees and that he felt oppressed by these arrangements. The Prosecution pointed out that, for a while, Kambanda had refused any legal representation until the Registry told him that in the interest of justice he had to be represented by counsel. He subsequently requested the Registry, in writing, to assign Mr. Inglis as his defence counsel.

The Appeals Chamber dismissed all the grounds advanced by the Accused and upheld his sentence.