skip navigation

Search results

Search terms: kilwa incident adémar ilunga

> Refine results with advanced case search

40 results (ordered by relevance)

<< first < prev   page 7 of 8   next > last >>

Corrie v. Israel: Estate of the Late Rachel Corrie et al. v. The State of Israel - Ministry of Defense

Judgment, 28 Aug 2012, District Court of Haifa, Israel

On 16 March 2003 American Rachel Corrie, together with other International Solidarity Movement members, protested in the "Philadelphi Corridor" in the Rafiah area of the Gaza Strip against the demolition of Palestinian houses in the area. Two bulldozers and an Israel Defense Force (IDF) tank were present. When one of the bulldozers was driving towards a house in order to demolish it, Rachel stood in front of it to protect it and the inhabitants, meanwhile climbing the growing pile of dirt that was formed in front of the bulldozer. At a certain moment she slipped, fell and got stuck under the dirt and the bulldozer. After her fellow protesters made the bulldozer's operator aware of the situation, she was removed from underneath and taken to the hospital, where she died. 

Rachel's parents filed a lawsuit against Israel and the IDF for killing or negligently causing the death of their daughter. 

The Haifa District Court dismissed their claims, stating that the bulldozer's operator had never intended to kill Rachel and had also not been able to see her due to the "blind spot" in front of the bulldozer blade. Furthermore, it found, Rachel had taken the risk of entering the closed-off area and chose to climb the pile of dirt, thus putting herself in the dangerous situation. The Court concluded that she "was accidentally killed in the framework of a "war-related activity""; therefore, "the State bears no responsibility for the damages inflicted on the plaintiffs resulting from a war-related action".


R v Blackman [2017] EWCA Crim 190 : R v Blackman [2017] EWCA Crim 190

Decision on a reference by the Criminal Cases Review Commission, on appeal from the Court Martial., 15 Mar 2017, Court Martial Appeal Court, Great Britain (UK)

On 15 September 2011 a badly wounded insurgent was killed in Helmand Province, Afghanistan, by Alexander Blackman, then an Acting Colour Sergeant of the Royal Marines. In video evidence, Blackman appeared to be acting calmly and deliberately in removing the insurgent from possible observation, shooting the insurgent and giving instructions to his subordinates, including indicating “Obviously this doesn’t go anywhere, fellas. I’ve just broke the Geneva Convention”. On the basis of apparent premeditation, Blackman was convicted of murder by the court martial. In this appeal, however, the court considered fresh evidence (notably psychiatric evaluations carried out following the original conviction) suggesting that Blackman was incapable of making rational judgements or exercising self-control as a result of adjustment disorder and several “exceptional stressors”, including exhaustion, isolation, and perceived lack of leadership and support by his superiors. In light of the adjustment disorder and stressors, the court found the original conviction “unsafe” and substituted a finding of manslaughter in place of murder.


Da Costa: The Prosecutor v. Agustinho da Costa

Judgement, 11 Oct 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

Indonesia illegally occupied East Timor from 1975 until 2002. During that time, members of the Indonesian Armed Forces and pro-autonomy militia groups perpetrated a number of attacks against the civilian population, particularly against those believed to be independence supporters. These crimes intensified in the wake of the referendum conducted in August 1999 in which the Timorese people voted overwhelmingly in favour of independence.

It was in the wake of this referendum that members of the Team Pancasila Atsabe militia, including the Accused Agustinho Da Costa, were ordered to locate and kill a known independence supporter who was working for the UN Mission in East Timor (UNAMET). Their initial search being unsuccessful, they located the victim on the following day and proceeded to beat him with rocks and fire multiple shots until he died. His daughter witnesses the entire incident.

The Special Panels for Serious Crimes convicted Da Costa for his role in the murder and sentenced him to 15 years’ imprisonment.  The Panel was not persuaded by Da Costa’s line of defence that held that he was acting under duress, as he could have resisted joining the militia and could have escaped up until the moment of the attack.


Kuswani: The Ad Hoc Prosecutor v. Asep Kuswani

Judgment, 28 Nov 2002, The Indonesian Ad Hoc Tribunal for East Timor, Indonesia

The Ad Hoc Tribunal acquitted the three defendants of the charges entered against them and found that the prosecution had not been able to establish a link between the TNI (Indonesian National Armed Forces) and Polri (Resort Police of the Police of Republic of Indonesia), on the one hand, and the BMP, on the other. The former were official governmental bodies, whereas the latter were militia. The judgment was publicly criticized as it was argued that the TNI and the riot police were indeed involved in the violence, including the killing of the 22 civilians.


Al Dujail: The Public Prosecutor in the High Iraqi Court et al. v. Saddam Hussein Al Majeed et al.

Judgment, 5 Nov 2006, Iraqi High Tribunal (First Criminal Court), Iraq

In July 1982, a convoy carrying the President of Iraq, Saddam Hussein, was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions.

The present decision of the Iraqi High Tribunal convicted seven of the indicted defendants for crimes against humanity in connection with the attack on Al Dujail. Most notably, Saddam Hussein himself was convicted and sentenced to death by hanging along with his brother, Barazan Ibrahim, the head of the Intelligence Services. 


<< first < prev   page 7 of 8   next > last >>