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Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited

Appeal from the United States District Court for the Central District of California, 25 Oct 2011, United States Court Of Appeals For The Ninth Circuit, United States

After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population. In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’.

With the case back at the Court of Appeals, the question to be determined was the scope of the jurisdiction of the ATCA with regard to genocide, war crimes, crimes against humanity arising from a blockade and racial discrimination. The Court held that genocide and war crimes fall within the scope of the ATCA. These norms, according to the Court, are specific, universal and obligatory accepted and extend to corporations. However, the crimes against humanity arising from a blockade and the racial discrimination claims are not and, therefore, the case was remanded to the District Court for further proceedings on the claims of genocide and war crimes.


Karajić : Prosecutor's Office of Bosnia and Herzegovina v. Suljo Karajić a/k/a Hodža

Second Instance Verdict , 28 Nov 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina


Mpambara: Public Prosecutor v. Joseph Mpambara

Judgment, 26 Nov 2013, Hoge Raad (Supreme Court), The Netherlands

Between April and July 1994, as much as 10% of the entire Rwandan civilian population was murdered in an ethnic conflict in which the Hutus sought to eliminate the Tutsis. At the same time, an armed conflict was fought between the Rwandan government army (FAR) and the armed forces of the Rwandan Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandan Tutsi who fled from Rwanda in preceding years.

The accused, Joseph Mpambara, fled Rwanda for The Netherlands. He was arrested and brought before the Dutch courts on charges of war crimes, torture and genocide. Although the Dutch courts deemed themselves without jurisdiction for genocide, Mpambara was initially convicted for torture. The Court of Appeal also found him guilty of war crimes and increased his 20 years' prison sentence to life imprisonment. Mpambara appealed at the Supreme Court, arguing that the previous judgment - especially the use of evidence from witnesses he could not examine and the issuance of a life sentence - was in violation of his fundamental rights (as found in the European Convention on Human Rights, ECHR), namely his rights to a fair trial and to protection against inhumane treatment.

The Supreme Court found the grounds of appeal unfounded, dismissed Mpambara's appeal, and confirmed the Court of Appeals' judgment and sentence. 


Hamza B et al.: Federal Prosecutor v Hamza B, Harris C-K, Abdelfattah A, Younnes HA, Kamal A and Sami L

Judgement, 6 Nov 2015, Tribunal de Première Instance Francophone de Bruxelles, Belgium

On 6 November, a Belgian Court handed down its judgment in a case concerning five foreign fighters and another individual who assisted the fighters travelling from Belgium. The foreign fighters had travelled to Somalia or Syria where they had joined jihadist groups, including Al-Shabab and Jabhat al Nusra. One of the accused, Kamal A, is thought to still be fighting in Syria with Jabhat al Nusra and another, Sami L, is believed to have died while carrying out a suicide attack in Iraq. The defendants received sentences ranging from 3 to 10 years’ imprisonment for having participated in the activities of a terrorist group via their various actions of support, assistance or actual fighting in the conflict. 


Škrobić: Prosecutor v. Marko Škrobić

First Instance Verdict, 22 Oct 2008, Court of Bosnia and Herzegovina, Bosnia and Herzegovina

On 31 July 1992, in Novo Selo (Kotor Varoš Municipality), Marko Škrobić, as a member of the Kotor Varoš HVO (Croat Defence Council) unit, entered the house of Glamocak family, together with four other armed persons. He ordered Boro Glamocak and his family to leave the house immediately. He also forced Stojko Glamocak, Boro’s father, out of the adjacent building and marched the family into the direction of the village of Ravne. On the way to that village, Marko Škrobić shot Stojko with a pistol, leading to his death.

The Court relied heavily on the testimonies of Boro Glamocak and his wife and daughters. The Court discussed how it weighed the reliability and credibility of the eyewitness testimonies. Through the evidence entered into the record, Marko Škrobić was found guilty of war crimes against civilians and sentenced to ten years’ imprisonment.


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