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Barhoumi v. Obama et al.: Sufyian Barhoumi v. Barack Obama et al.
Appeal from the United States District Court for the District of Columbia, 11 Jun 2010, United States Court of Appeals, District of Columbia, United States
Sufyian Barhoumi is an Algerian nation who was allegedly providing assistance to al-Qaeda through buying certain electronic components needed for the building of remote-controlled explosive devices and through providing training to build such bombs. In July 2005, Barhoumi filed a petition for a writ of habeas corpus (a legal action allowing a detained person to challenge the legality of his/her detention).
The District Court’s opinion remained confidential but in the subsequent judgment of the Court of Appeals, its findings and reasoning has been summarized. The District Court denied Barhoumi’s petition on the grounds that he was properly detained under the Authorization for Use of Military Force (AUMF) of 2001. Barhoumi challenged the District Court’s decision, arguing that the evidence upon which the decision was based do not prove that he was “part of” an al-Qaeda-associated organization.
The Court of Appeals disagreed with Barhoumi, finding that the adduced evidence was sufficient to warrant his detention under the 2001 AUMF. Accordingly, the District Court’s decision was affirmed.
Al Bihani: Ghaleb Nassar Al Bihani v. Barack Obama, President of the United States, et al.
Appeal from the United States District Court for the District of Columbia on Petition for Rehearing En Banc, 31 Aug 2010, Court of Appeal for the District of Columbia, United States
Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit. Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. On appeal, the Court of Appeals for the District of Columbia dismissed Al Bihani’s appeal.
Al Bihani appealed the decision arguing that he was entitled to a rehearing. A seven-member panel of the Court of Appeals for the District of Columbia denied the rehearing and upheld the decision that international law does not limit the President’s powers of detention and consequently al Bihani’s detention is lawful. However, all seven Circuit judges appended opinions demonstrating the importance of the question at hand and their separate reasoning.
A. v. The Minister of Defence
Interim judgment on the appeal against the Court of The Hague’s judgment of 1 November 2005, 25 Mar 2013, Administrative High Court Three-judge Section, The Netherlands
The appellant is a former soldier of Dutchbat III, a battalion which was part of the United Nations peacekeeping mission that was charged with the protection of civilians in the Bosnian Muslim enclave of Srebrenica. The appellant claimed that he suffered from post-traumatic stress disorder (PTSD) after being confronted with the atrocities against the Bosnian Muslim population of Srebrenica and experiencing the explosion of a nearby mortar shell. He brought a complaint against the Dutch Minister of Defence and requested compensation for not receiving the necessary care after the mission.
On 1 November 2005, the District Court of The Hague held that the Minister of Defence failed to provide the necessary aftercare for his soldiers after the fall of Srebrenica and upon their return to the Netherlands.
On 25 March 2013, the Administrative High Court of the Netherlands ruled that necessary care was provided during the mission in Srebrenica because the soldiers were trained and equipped. However, the Court affirmed that the Dutch Minister of Defence failed to provide necessary care for his soldiers after they returned home. As a result, the Court found that the Minister could be held liable for the PTSD of the soldier which he developed after the mission.
Blackman: Regina v. Sergeant Alexander Wayne Blackman ("Marine A")
Sentencing Remarks, 6 Dec 2013, General Court Martial held at Military Court Centre Bulford, Great Britain (UK)
On 15 September 2011, while on patrol in the Helmand Province in Afghanistan, UK Marines Sergeant Alexander Blackman and his men were on patrol. They found a Taliban insurgent who had been seriously wounded (lawfully) by an Apache helicopter, and as such formed no longer a threat. After removing his AK47, magazines and a grenade, Blackman caused him to be moved to a place where you wanted to be out of sight of his operational headquarters at Shazad so that "PGSS can’t see what we’re doing to him". He ordered those of his men giving some first aid to stop, and when he was sure headquarters could not see him, he discharged a 9mm round into his chest from close range. He then told his patrol to remain silent about what happened, saying that he had just broken the Geneva Convention.
Taking into consideration Blackman's superior position as sergeant (under command of the patrol) and the consequences his acts could have for other British soldiers - namely possible reprisals - the Court found Blackman guilty of murder in violation of the laws of war (a war crime). He was sentenced to life imprisonment with a possibility for parole after ten years, stripped of his ranks and dismissed from service with disgrace.
Marques et al.: The General Prosecutor v. Joni Marques, Manuel de Costa, Joao da Costa, Paolo da Costa, Amelio da Costa, Hilario da Silva, Gonsalo Dos Santos, Alarico Fernandes, Mautersa Monis and Gilberto Fernandes
Judgement, 11 Dec 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor
From 1975 until 2002, Indonesia illegally occupied East Timor. Members of the Indonesian Armed Forces worked together with local pro-autonomy militia groups to perpetrate a campaign of violence against the civilian population, particularly against those perceived to be independence supporters.
The ten accused in the present case were all members of or otherwise affiliated with the pro-autonomy Team Alpha militia group. In 1999, they directed a number of attacks against the civilian population including the torture of one individual, the shooting of a car full of civilians including nuns and journalists, as well as the burning down of civilian homes and the transfer of the population to refugee bases or to West Timor.
The Special Panels convicted all of the Accused for various crimes against humanity and handed down sentences that ranged from 33 years and 4 months’ imprisonment to 4 years’ imprisonment, depending on the degree of the Accused’s involvement in the crimes. It was the first case before the Special Panels to involve crimes against humanity.
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