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Manson v. Bow Street Magistrates' Court: Regina (on the application of Robert Lewis Manson) (Claimant) v. The Bow Street Magistrates' Court (First Defendant) and Carmarthen Justices (Second Defendant)

Judgement, 15 Oct 2003, High Court of Justice, Queen's Bench Division, Administrative Court, Great Britain (UK)

In March 2003, Phil Pritchard and Toby Olditch, peace activists, entered the bases of the Royal Air Force (RAF) and tried to disable the planes located there. They acted in an attempt to prevent a crime by the U.K. and the U.S., namely the preparation of a war against Iraq. Two other activists, Margaret Jones and Paul Milling, also entered the RAF base. All the activists were charged in the U.K. In their defence, they claimed that the actions of the U.K. and the U.S. were illegal. Their defence was rejected by the English courts because the alleged crime was a crime under international law but not under English criminal law.


Mason et al.: The Prosecutor v. Suárez Mason et al.

Inconstitucionalidad de los indultos, 14 Mar 2004,


Gacumbitsi: The Prosecutor v. Sylvestre Gacumbitsi

Judgment, 17 Jun 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.

The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment. 


Doe I et al. v. UNOCAL et al.: John Doe I et al. v. UNOCAL Corp. et al.

Ruling on UNOCAL Defendants' Motion for Judgment, 14 Sep 2004, Superior Court of California, Country of Los Angeles, United States

In 1979, fourteen Burmese villagers filed a complaint against the oil company UNOCAL. They claimed that they suffered abuses including torture and rape during the construction of the Yadana Pipeline. UNOCAL allegedly assisted in the abuses perpetrated by the military government in Rangoon.

The Burmese villagers based their claim on the Alien Tort Claims Act (ATCA), which allows US courts to decide cases in respect of foreign nationals for crimes that occurred outside of the US.

In the particular decision, the Superior Court held that even though one of the theories of the Burmese villagers was refused, the case was not dismissed and as a result, they were allowed to proceed with their further theories. On 14 September 2004, the defendants’ motion for judgment was denied.


Anvil Mining et al.: Public Prosecutor v. Adémar Ilunga, Sadiaka Sampanda, Jean-Marie Kambaj Munsans, John Mwelwa Sabata, Mongita Lofete, Mwnza wa Mwanza, Tase Muhindo, Kayembe Kasongo, Ilunga Kashila, Pierre Mercier, Peter van Niekerk, Cedric and Anvil Mining Company Congo

Judgment, 28 Jun 2007, Military Court of Katanga, Congo

The village of Kilwa in Katanga province in the Democratic Republic of the Congo was the site of combat in October 2004. Having come under the control of rebel forces from Zambia belonging to the Revolutionary Movement for the Liberation of Katanga (MRLK), the troops of the Congolese Army (FARDC) were ordered by President Kabila to regain control over the village. After three hours of heavy shelling on 15 October 2004, the FARDC forces succeeded.

During the take over, it is alleged that they committed acts of pillaging, wanton destruction as well as illegal detentions and summary executions. Some 70 villagers were killed. The present decision was rendered by the Katanga Military Court after proceedings widely described by international observers as unfair and biased by political interferences and procedural irregularities. In its verdict, the Court found the commander in charge of the attack, Adémar Ilunga, and three soldiers guilty for the illegal arrest, detention, and murder of two persons. These crimes, however, were not committed during the attack of Kilwa. All the other accused were acquitted, the Court having concluded the victims were members of a rebel group killed during the attack. The Australian company, Anvil Mining Congo, was also accused, FARDC soldiers having used company property, including a plane, to lead the attack and commit the alleged crimes. However, the Court concluded that the FARDC had requisitioned the vehicles and acquitted Anvil and three of its employees.


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