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Taylor: The Prosecutor v. Charles Ghankay Taylor

Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone

In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.

Charles Taylor was sentenced to fifty years of imprisonment.

On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence. 


The Prosecutor v. Salim Jamil Ayyash, Hassan Habib Merhi, Hussein Hassan Oneissi, Assad Hassan Sabra

Summary of Judgment, 18 Aug 2020, Special Tribunal for Lebanon (Trial Chamber), The Netherlands

On 14 February 2005, explosives equivalent to 2500 kgs of TNT were detonated in Downtown Beirut, killing former PM Rafik Hariri and 21 others and injuring 226 people.

In its judgement of 18 August 2020, the Trial Chamber found Mr. Ayyash guilty of co-perpetrating conspiracy for committing a terrorist act, committing a terrorist act by an explosive device, intentional homicide of Mr. Rafik Hariri with premeditation and by explosive materials, and attempted intentional homicide of 226 persons with premeditation by using explosive materials. The Court’s reasoning was based on the connection of Mr. Ayyash to mobile Red 741, which had been proven to have monitored Mr. Hariri’s movements and prepared for the attack.

The Trial Chamber, however, acquitted Messrs. Oneissi and Sabra for lack of sufficient evidence proving, beyond a reasonable doubt, their complicity to the attack, and acquitted Mr. Merhi for insufficient factual evidence surrounding his actions.


Bancoult v. McNamara: Olivier Bancoult et al. v. Robert S. McNamara et al.

Memorandum Opinion, 30 Sep 2002, United States District Court for the District of Columbia, United States

The Chagos Archipelagos are a collection of small islands in the middle of the Indian Ocean. Under British administration since 1814, they were home to approximately 1000 inhabitants by the 1960s who lived on and cultivated the land, educated their children and raised their families.

In 1964, the British and the United States governments entered into secret negotiations the outcome of which was the establishment of a military base on Diego Garcia, the Chagos Archipelagos largest islands. In order to do so, from 1965 until 1971, the population of Chagos was forcibly relocated: those who had left on trips abroad were denied re-entry, an embargo was put in place preventing the delivery of crucial food supplies and the remaining population was forcibly loaded onto ships and relocated to Mauritius and the Seychelles.

The present civil suit is brought by the indigenous peoples of Chagos, their survivors and their descendants against the United States and a number of high-ranking individuals within the US Government whom the plaintiffs consider responsible for their forcible relocation. By its memorandum opinion of 30 September 2002, the United States District Court for the District of Columbia dismissed the plaintiffs’ motion on procedural grounds, namely that it required further submissions with regards to the exercise of jurisdiction over the claim considering its implication of the United States, a party that ordinarily cannot be sued unless there has been an implicit or explicit waiver of immunity. 


Kurtović: Prosecutor's Office of Bosnia and Herzegovina v. Zijad Kurtović

Second Instance Verdict, 25 Mar 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Zijad Kurtović, a commander of a military police platoon of the Bosnian army, was accused of involvement in war crimes committed during the war between Croatia and Bosnia (1992-1995). More specifically, he was charged with torturing and otherwise inflicting serious mental and physical harm to Croatian civilians and prisoners of war in a Roman Catholic church in October 1993, by beating them, forcing them to eat pages from the Bible, using and ordering others to use Croatian civilians and prisoners of war as human shields on the frontlines, and with forcing two detained HVO soldiers to perform an oral sexual intercourse. In first instance, Kurtović was found guilty on all charges and sentenced to 11 years’ imprisonment.

 

Kurtović appealed on several grounds, arguing that the first instance Panel had erred in law (using the wrong law) and in fact (wrongly established certain facts). The prosecution also appealed against the sentence, which was, in its view, too lenient. The Appellate Panel partly agreed with Kurtović where it concerned the classification of the crimes. It could not be established with certainty which victims had been combatants; however, as it was evident that all detained persons were entitled to protection under common Article 3 of the 1949 Geneva Conventions, and that they were to be qualified (as is usual under the law of war in case of doubt) as civilians. However, the findings on the facts remained further unchanged. Therefore, the Appellate Panel amended the conviction to only include war crimes against civilians and the wanton destruction of religious monuments. The prosecutor’s appeal was dismissed; the 11-year prison sentence was upheld.


Al-Aulaqi v. Obama et al.: Nasser Al-Aulaqi, on his own behalf and as next friend of Anwar Al-Aulaqi, Plaintiff, v. Barack H. Obama, in his official capacity as President of the United States; Robert M. Gates, in his official capacity as Secretary of Defense; and Leon E. Panetta, in his official capacity as Director of the Central Intelligence Agency, Defendants.

Memorandum Opinion, 7 Dec 2010, United States District Court for the District of Columbia, United States

The Al-Aulaqi case is significant as it marks in all probability the first time that an American citizen has been killed by U.S. forces outside the borders of the U.S., without any trial, indictment or due process. The case revolves around Anwar Al-Aulaqi, an American-born cleric with dual U.S.-Yemeni citizenship who was a member of al Qaeda in the Arabian Peninsula (AQAP) and had gone into hiding in Yemen, from where he regularly published videos propagating the jihad. The U.S. Treasury Department had allegedly designated him for targeted killing. Therefore, his father, Nasser Al-Aulaqi, filed a complaint claiming that the President, the Secretary of Defense, and the Director of the CIA unlawfully authorised the targeted killing, and seeking an injunction prohibiting them from intentionally killing his son, except in case he did present a concrete, specific, and imminent threat to life or physical safety, and when there are no means other than lethal force that could reasonably be employed to neutralise the threat. The American Civil Liberties Union and the Center for Constitutional Rights intervened with a memorandum supporting Al-Aulaqi senior’s complaint.

The Columbia District Court found that plaintiff Al-Aulaqi, the father, had neither legal standing in court for his claims, nor that was the claim justiciable under the Alien Tort Statute. And if this was not enough, the Court also ruled that the political question doctrine barred it from adjudicating the case. On 7 December 2010, Nasser Al-Aulaqi’s complaint was dismissed on those grounds, while the defendants’ motion to dismiss was granted.

Anwar Al-Aulaqi was killed by a drone strike in Yemen on 30 September 2011.


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