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Corrie v. Caterpillar: Cynthia Corrie et al. v. Caterpillar Inc.
Opinion, 17 Sep 2007, United States Court Of Appeals For The Ninth Circuit, United States
In 2003, bulldozers manufactured by the American company Caterpillar were used by the Israeli IDF to destroy several houses on the Gaza Strip, killing several Palestinians and an American peace activist in the process. The relatives of the victims and those who lost their homes filed a suit against Caterpillar, arguing that by providing the Israeli military with bulldozers, they were liable for, among other things, war crimes and extrajudicial killing.
The District Court dismissed the claim. The plaintiffs appealed, but the Court of Appeals affirmed the lower Court’s verdict. In its ruling, it devoted most attention to the ‘political question doctrine’ which disallows Courts from exercising jurisdiction over cases which should remain within the realm of other governmental branches. Since the bulldozers had been paid for by the US, the Court reasoned, a ruling on the merits would also be a judicial opinion about important aspects of US foreign policy. Foreign policy should be decided on by the executive branch of the government, not the judiciary, the Court reasoned.
Samardžija: The Prosecutor v. Marko Samardžija
Verdict, 15 Oct 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command, on 10 July 1992, that the Bosniak (Muslim) population from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses, after which the men older than 18 and younger than 60 were brought to the primary school in Biljani. From there, the men were murdered in groups of 5 to 10, which led to the deaths of at least 144 Bosniak men.
On Appeal, the Court found the Accused guilty of Crimes against Humanity for the deprivation of liberty of these men, since they were forcefully moved from their homes and taken to the primary school. The Court did not find him guilty of aiding in the murders, since this was not a clear and obvious consequence of his acts.
Therefore on 15 October 2008, the Appellate Division of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (depriving of liberty) and sentenced him to seven years imprisonment.
Samantar: Bashe Abdi Yousuf et al. v. Mohamed Ali Samantar
Memorandum Opinion, 28 Aug 2012, District Court for the Eastern District of Virginia (Alexandria Division), 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.
The petitioners, all 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 culminating in a Supreme Court decision in 2010, proceedings against Samantar were allowed to continue as he did not enjoy immunity.
Samantar accepted responsibility in February 2012; the present decision by the District Court for the Eastern District of Virginia held Samantar liable as a superior for the crimes perpetrated by his subordinates in the Somali Armed Forces and the affiliated national intelligence services against the plaintiffs who were awarded $21 million in damages.
Samardžić: The Prosecutor v. Neđo Samardžić
Verdict, 7 Apr 2006, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.
The Court dismissed Samardžić' complaints that he had had no opportunity to (sufficiently) cross-examine the witnesses, as it found that he had been sufficiently able to cross-examine the witnesses and test their reliability. On 7 April 2006 Samardžić was found guilty of crimes against humanity and was sentenced to thirteen years and four months imprisonment.
Burcu T.: Prosecutor v. Burcu T.
Judgment, 22 Jul 2015, District Court of Rotterdam, The Netherlands
On 22 July 2015, Burcu T., a Dutch national, was found guilty of violating the 1977 Dutch Sanction Law by transferring just over €2000 to an intermediary in Turkey as she ought to know the money would end up in the hands of terrorist groups. Burcu T. had been engaged to [T], who had informed her he was a member of the Taliban, and the court found that she ought to have known it was likely that the money she transferred would go to jihadist groups. In the same judgment, Burcu T. was acquitted of participating in a terrorist organisation due to a lack of adequate proof; the fact that the defendant was in a relationship with a terrorist and that she possessed documents, photos and videos linked to the jihad did not mean that she was a terrorist herself. She was sentenced to six months of imprisonment.
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