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Warsame, a Canadian citizen, travelled to Afghanistan and Pakistan to attend Al-Qaeda training camps. On his return to Canada, he sent money to representatives of Al-Qaeda. The U.S. alleged that by attending the Al-Qaeda training camp and sending money, Warsame provided material support and resources to a Foreign Terrorist Organization (FTO). Warsame claimed that the provisions on the basis of which he was charged violated the U.S. Constitution’s right to freedom of association because it criminalized his mere association with an organization. The court rejected this claim, finding that the statute did not impose “guilt by association,” but rather guilt by conduct that amounted to providing support or resources.

The court also held the statute did not violate Warsame’s constitutional rights to due process and to a jury determination on each essential element of the offense.

The Afghani Habibullah Jalalzoy applied for political asylum in the Netherlands in 1996, but this was refused due to suspicion of his involvement in torture and war crimes during the war in Afghanistan in the 1980’s. However, Jalalzoy stayed in the Netherlands, and after investigations he was arrested in 2004. The Hague District Court convicted him for war crimes and torture committed by him as member of the military intelligence agency KhaD-e-Nezami (KhAD). He was sentenced to nine years’ imprisonment. The Court of Appeal affirmed this decision. Consequently, Jalalzoy appealed at the Supreme Court, arguing that both the District Court and Court of Appeal had erred in law on several points. The Supreme Court disagreed, and held that Dutch courts had jurisdiction over the crime, that prosecution was admissible, that the crimes were not time-barred (as Dutch law excludes war crimes from becoming so), and that the convictions had been in conformity with the law. Accordingly, the appeal was dismissed.

The case relates to eight Guantanamo detainees who challenged the determination of the Combatant Status Review Tribunal (CSRT) that they are “enemy combatants”. The case comprises the petitions of Haji Bismullah on the one hand, and of Huzaifa Parhat and six other men on the other.

Pursuant to the US Supreme Court’s decision in Boumediene v. Bush, where the Supreme Court found that certain provisions of the Detainee Treatment Act (DTA) are unconstitutional, the Court of Appeals raised the question of whether it still has subject matter jurisdiction to hear the detainees’ petitions. The Court of Appeal found that it no longer has subject matter jurisdiction, since the provisions of the DTA relating to the elimination of the habeas corpus rights (the right to challenge the legality of one’s detention) have been found to be unconstitutional by the Supreme Court. Therefore, the detainees’ petition was dismissed.

In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plant had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.

In November 2005, the District Court found that El-Shifa Pharmaceutical Industries raised a non-justiciable political question (which foresees that courts have no authority to hear or adjudge on matters that raise political, rather than legal, questions) in asking the Court to adjudge on the President’s powers to designate as enemy property the private property of the chemical plant in Sudan.

In March 2009, the Court of Appeals affirmed the decision of the District Court, holding that the case raised a political question, and therefore barring the court from hearing the matter. El-Shifa Pharmaceutical Industries attempted to exclude from its appeal the political question doctrine, however, the Court of Appeals found that the other raised claims were ‘inextricably intertwined’ with the political  question doctrine and therefore, must be considered together. The Court of Appeal affirmed the District Court’s earlier finding that the raised issues are political questions and hence, non-justiciable.

The case was filed by 22 injured Iraqi nationals and the families of eight individuals who died in the Nisoor Square shooting in Bagdad on 16 September 2007. The complaint was brought against the private security contractor Blackwater (now known as “Academic LLC”) and its founder Erik Prince.

On 1 January 2010, the Iraqi nationals agreed to sign a settlement agreement with Blackwater and Erik Prince, and to withdraw their complaint. The details of the agreement were not made available to the public.