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The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands.

The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen.

He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. He was convicted of all 15 counts and sentenced to death. He was unsuccessful in contesting the jurisdiction of the Court or defending his actions by relying on superior orders.

The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands.

The Appellant, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen.

He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. He was convicted of all 15 counts and sentenced to death by the District Court of Jerusalem. His appeal was rejected by the Supreme Court of Israel and he was executed by hanging a few minutes before midnight on 31 May 1962.

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.

After a series of decisions regarding challenges to the jurisdiction of the French courts, Barbie was convicted for multiple counts of crimes against humanity by the Cour d’assises of Rhone and sentenced to life imprisonment in 1987. The present decision was his final appeal; it was rejected in its entirety by the Supreme Court of France. Barbie died in prison in 1991 at the age of 77. 

After the referendum on the independence of East Timor from Indonesia, violence erupted between pro-independence and pro-integration groups. On September 6, 1999 the Ave Maria church in Suai, in the Kovalima regency, in which civilians were taking refuge, was attacked by pro-integration militias Laksaur and Mahidi. The militias entered the church with homemade firearms and sharp weapons, killing 27 people.

At the time of the attack on the church in Suai, Herman Sedyono, an Indonesian Army Officer, was the regent or Chief of Kovalima regency and as such the head of government and the head of the regional authorities.

Before the attack a meeting took place at the official residence of Herman Sedyono. Herman Sedyono and the four other accused, Lilik Kushardianto,  Ahmad Syamsuddin, Sugito (Indonesian military officials) and Gatot Subyakto (a police officer) were all present at the incident at the Suai Church.

The Court found that grave human rights violations, in the form of murder as a crime against humanity, had taken place at the Suai Church. The crimes against humanity were committed by militia groups Laksaur and Mahidi. The Court found insufficient proof that the accused were responsible for the attacks on the basis of command responsibility. With regard to Herman Sedyono and Gatot Subyakto, the Court found that they were not military commanders or persons that effectively act as military commanders, as Sedyono was in function of head of the government and Subyakto was a police officer. The Court concluded that there was no organisational relation between the militias and the accused and that the accused had no effective control over the militias, so that the accused could not be held responsible for their actions. 

Who can be held responsible in a Court of law for human rights violations? In this case, victims and relatives of victims of the South African apartheid regime sued several corporations for their involvement in South Africa in the period between 1948 and 1994. They were liable, the plaintiffs reasoned, because the police shot demonstrators “from cars driven by Daimler-Benz engines”, “the regime tracked the whereabouts of African individuals on IBM computers”, “the military kept its machines in working order with oil supplied by Shell”, and so forth. The main legal issue to be solved by the District Court was whether it had jurisdiction over this case under the Alien Tort Claims Act (ATCA), which allows non-Americans to sue in federal Court for a violation of a small group of international norms. The District Court ruled that this case did not fall within the scope of the ATCA for several reasons. They could not be qualified as state agents carrying out illegal state actions, business activities in South Africa during the apartheid era could not be defined as a breach of the ‘law of nations’ under the ATCA and neither could aiding and abetting to an international norm violation.