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Mara'abe et al.: Mara’abe et al. v Prime Minister of Israel et al.
Judgment, 15 Sep 2005, Supreme Court of Israel, Israel
As part of the operation to erect a wall in the West Bank, Israel constructed a wall around the Alfei Menashe settlement between 2002 and 2003. This wall also circumscribed five Palestinian villages, the residents of which filed a petition to have the wall removed.
The Supreme Court stated that the military commander of the West Bank had the authority to decide on the erection of a fence, but only if this is necessary for security or military considerations. Also, these security or military considerations had to be proportionate to the infringement on the rights of the Palestinians. In this case, the effects of the wall on everyday life of the residents of the Palestinian villages were so severe that alternatives should have been considered. This had not been the case, the Court stated. Therefore, it ordered the respondents to consider alternatives.
Vujović: Office of the War Crimes Prosecutor v. Miroljub Vujović et al.
Indictment, 16 Sep 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
The accused were all members of the Vukovar Territorial Defence force (TO) or of the volunteer unit called “Leva Supoderica”.
On 18 November 1991, members of the Croatian armed forces surrendered themselves to the Yugoslav People's Army (JNA). As a result, they had to enjoy certain rights and protection under international law because they were prisoners of war. For instance, they had to be treated humanely, should not be beaten or killed. Nevertheless, they were taken to the Ovčara farm in the Vukovar municipality on 20 and 21 November 1991, where they were brutally beaten, injured, and killed by members of the TO force (including the accused). Approximately 200 Croatians were killed at the Ovčara farm.
Kamuhanda: Jean de Dieu Kamuhanda v. The Prosecutor
Judgement, 19 Sep 2005, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
From late May until mid-July 1994 Jean de Dieu Kamuhanda was Minister of Higher Education and Scientific Research in the Interim Government of Rwanda. He was also a member of the Mouvement Républican National pour le Développement et la Démocratie (MRND) in Kigali-Rural préfecture.
On 22 January 2004, Trial Chamber II of the ICTR found Kamuhanda guilty of genocide and extermination as a crime against humanity. The Trial Chamber sentenced him to imprisonment for the remainder of his life. The Accused had supervised the killings in Gikomero commune, Kigali-Rural prefecture. He had distributed firearms, grenades and machetes to the Interahamwe militia. He had also led the attacks at the parish church and adjoining school in Gikomero, where several thousand Tutsi civilians were killed.
Kamuhanda raised 15 grounds of appeal. The Appeals Chamber of the ICTR dismissed the Trial Chamber’s finding that Kamuhanda had instigated and had aided and abetted genocide and extermination. However, the Appeals Chamber found that the Trial Chamber had correctly held Kamuhanda responsible for ordering genocide and extermination and ruled that vacating the findings that Kamuhanda had instigated and had aided and abetted the crimes did not require the imposition of a lighter sentence.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum, 14 Oct 2005, United States District Court for the District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed. The Court allowed the case to proceed in part. The plaintiffs had attempted to bring the suit under federal statutes which allow aliens to sue for violations of human rights. The Court dismissed these claims for several reasons, including that these claims could not be assessed without passing judgment on another country, Indonesia, which the Court refused to do. Also, claims were dismissed because they had not been pled adequately.
Claims based on state laws were allowed to proceed, although claims against a corporation in which Indonesia owned a majority interests were dismissed because ruling on this company would mean passing judgment on Indonesia. The Court also cautioned the parties to be careful not to intrude into Indonesian sovereignty during further proceedings.
Acosta et al.: Fiscalía Federal Nº 3 de Buenos Aires v. Jorge Eduardo Acosta et al.
Texto completo del requerimiento de instrucción, 18 Oct 2005, Juzgado No. 12 (Court No. 12), Argentina
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