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John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Decision, 8 Jul 2011, United States Court of Appeals, 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.
In an appeal against two previous rulings in this case, plaintiffs held that they should be allowed to sue Exxon for violations of the law of nations and for violations of state law. The question whether they were allowed to sue for violations of the law of nations hinged primarily on whether corporations can be sued for these violations and whether it is possible to sue for aiding-and-abetting international crimes. These questions were for the most part answered in the affirmative. The question whether they were allowed to sue for violations of state law hinged primarily on the question whether non-resident aliens could even bring a case before the Court. The Court stated that there was no absolute bar for non-residents aliens to sue and that this question had to be answered case-by-case. The Court of Appeals referred the case back to the District Court for further assessment.
Aisha Gaddafi v. NATO: Aisha Gaddafi v. North Atlantic Treaty Organization
, 27 Jul 2011, Not applicable. Decision not to proceed was taken in Belgium
On 7 June 2011, Aisha Gaddafi, the daughter of Libyan leader Muammar Gaddafi, filed a claim against NATO in Belgium. She argued that the NATO bombing in Tripoli on 30 April 2011 killed her daughter, her brother and other family members. Aisha Gaddafi asserted that the NATO forces specifically attacked the building that was not used in support of any military action. She claimed that the bombing constituted war crimes.
On 27 July 2011, the Belgium prosecutors announced that they decline to investigate the complaint on the basis of the absence of connection between the victims or the defendants and Belgium.
Silan et al. v. The Netherlands: Wisah Binti Silan et al. v. The State of The Netherlands (Ministry of Foreign Affairs)
Judgment (Court ruling), 14 Sep 2011, District Court of The Hague, The Netherlands
The District Court of The Hague ruled that the Dutch State acted unlawfully by executing a large amount of the male population in Rawagedeh without trial on 9 December 1947, during the Indonesian War for Independence. It required the Dutch State to award compensations to plaintiffs 1 to 7, but not to plaintiff 8 and the Foundation.
This was a landmark ruling, as it marked the first time that the Dutch government has been held responsible by a court for a committed massacre. On 9 December 2011, the Dutch government publicly apologised to Indonesia for the massacre through Tjeerd de Zwaan, the Dutch ambassador in Indonesia. None of the soldiers involved in the massacre have ever been prosecuted. Both sides have given different estimations regarding the amount of people killed, with the Netherlands stating that 150 people were killed, whereas the victims’ association puts this number as high as 431.
Samantar: Bashe Abdi Yousuf et al. v. Mohamed Ali Samantar
Memorandum Opinion, 2 Nov 2012, Court of Appeals for the Fourth Circuit, United States
Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.
Members of the Isaaq clan allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the-then Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.
After a line of litigation spanning 3 years and including a Supreme Court decision, Samantar accepted liability as a superior for the crimes perpetrated by his subordinates in the Somali Armed Forces and the affiliated national intelligence services. The District Court for the Eastern District of Virginia awarded $21 million in damages.
The present decision by the Court of Appeals for the Fourth Circuit is the result of Samantar’s appeal against the District Court’s dismissal of his claims for immunity from proceedings. The Court of Appeals dismissed the appeal finding that Samantar enjoys no immunity for acts of torture, summary execution and arbitrary detention even if they were performed by him in his official capacity as such conduct is universally prohibited.
Taylor: The Prosecutor v. Charles Ghankay Taylor
Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.
Charles Taylor was sentenced to fifty years of imprisonment.
On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence.
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