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Léon Mugesera, a former politician of the party the National Republican Movement for Democracy and Development (MRND) in Rwanda, fled Rwanda in 1993 – before the actual start of the Rwandan genocide in 1994 – after the authorities had issued an arrest warrant against him for incitement to genocide and murder, as he had given one of the first inflammatory public speeches that eventually led to the genocide. Mugesera, together with his wife and their five children, sought asylum in Canada, which was granted. However, in 1995, the Immigration and Refugee Board became aware of the arrest warrant and issued an order to deport Mugesera to Rwanda for trial.

After several years of litigation, the Federal Court of Appeal held that the deportation order should not have been issued as there was not sufficient evidence that Mugesera had indeed been involved in the Rwandan genocide as alleged. However, the Canadian Supreme Court quashed this decision on 28 June 2005, ruling that the Court of Appeal had applied an incorrect standard of review and that, in fact, the Immigration and Refugee Board had been right all along. The deportation order was affirmed.

Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.

The present lawsuit was brought by fifteen former “comfort women” against Japan. Having been unsuccessful before the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit, the Supreme Court vacated the decision of the Court of Appeals and remanded the case. By its decision of 28 June 2005, the Court of Appeals once again dismissed the appeal on the grounds that the Appellant’s claims were non-justiciable under the political question doctrine as they would require the Courts to interpret treaties concluded between foreign States. 

Anton Lekaj, born in 1980, was a member of the ‘Cipat’ group within the military police forces of the Kosovo Liberation Army (KLA). In 1999, there was an ongoing conflict between the Federal Republic of Yugoslavia, Serbia and Kosovo.

Between 12 and 15 of June 1999, Lekaj, together with other members of the KLA, detained 13 non-Albanian civilians and transferred them to premises in the Pastrik Hotel. The 13 civilians were beaten, tortured, sexually abused, and some of them were even killed.

Lekaj was arrested in August 2004 and charged with war crimes against civilians. He was subsequently tried in Serbia. On 18 September 2006, he was found guilty for his participation in the crimes and was sentenced to 13 years imprisonment.

Sinan Morina is an ethnic Kosovo Albanian and was a member of the Kosovo Liberation Army (KLA) during the non-international armed conflict between the KLA, on one side, and the police and military units of the SFR Yugoslavia, on the other. He was charged with participating, together with 34 members of KLA, in the killing of nine Serbian men, expulsion, imprisonment, torture and rape of Serbian civilians, and large-scale destruction of civilian property and religious objects (Orthodox churches St. Spas and St. Nikola) in the village of Opteruša between 17 and 21 July 1998. The purpose of this armed attack was to ethnically cleanse the area from all non-Albanian population and create an ethnically pure Albanian territory.

Morina was acquitted by the Belgrade District Court on 20 December 2007 due to lack of credible evidence. The Supreme Court of Serbia reversed the verdict of the War Crimes Court in 2009 and ordered a re-trial. He was arrested in Croatia on 24 February 2010 following an international arrest warrant issued by the Serbian authorities.