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Sedyono et al.: The Deputy General Prosecutor for Serious Crimes v. Col. Herman Sedyono et al.

Indictment, 8 Apr 2003, District Court of Dili, Special Panel for Serious Crimes, East Timor

Following the decision of the Indonesian government taken in early 1999 to offer East Timor the opportunity to vote for independence or for autonomy within the Republic of Indonesia, violence erupted in East Timor. The defendants in this case took part in a widespread or systematic attack directed against civilians that were in favour of an independent East Timor. One of the accused, Herman Sedyono, was the Bupati (District Administrator) of the Covalima District, one of the 13 districts in East Timor. As such, he was bearing the primary responsibility for maintaining peace and security in the region. Most of the other accused were Commander or just member of the Indonesian security authorities (TNI) or the Indonesian police force (POLRI), which were both promoting autonomy within the Republic of Indonesia.

In 1999, the Mahidi and the Laksaur pro-Indonesian militia groups, with the help of the TNI and POLRI, and with support from the Covalima District administration, repeatedly committed attacks against the Covalima population (mainly against those that were in favour of independence). The attacks involved crimes such as unlawful arrests, destruction of property, detention, and murder. The 16 accused were charged with encouraging, assisting and failing to stop, arrest or prosecute the perpetrators of the crimes.


Hereros v. Deutsche Afrika-Linien: Hereros v. Deutsche Afrika-Linien GMBLT & Co.

Opinion of the Court, 10 Apr 2007, United States Court of Appeals for the Third Circuit, United States

Members of the Herero (the Hereros), an African tribe from Namibia, brought a claim against German company Deutsche Afrika-Linien GmbH & Co. The Hereros claimed that this company used slave labor and ran its own concentration camp during Germany’s occupation of South Africa in the late 19th- and early 20th- century. The Hereros sued the German company for damages suffered during the occupation.

The case was dismissed by the District Court because the Hereros failed to state a claim in their complaint. On 10 April 2007, the dismissal was affirmed by the Court of Appeals.


Ayyash et al.: The Prosecutor v. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hasan Sabra

Interlocutory decision on the applicable law: terrorism, conspiracy, homicide, perpetration, cumulative charging, 16 Feb 2011, Special Tribunal for Lebanon (Appeals Chamber), The Netherlands

On 14 February 2005, a bomb in downtown Beirut exploded, killing 22 people, including the former Prime Minister of Lebanon, Rafik Hariri. The Special Tribunal for Lebanon was established by the Security Council in order to prosecute persons responsible for the bombing.

In its interlocutory decision, the Appeals Chamber interpreted the STL Statute to require application of substantive Lebanese law as applied by Lebanese courts, but not before noting that binding international obligations, including customary international law, should inform any such interpretation. The Appeals Chamber held, inter alia, that not only does a customary rule exists between states to suppress terrorist act, but that terrorism is an individual international crime under customary law.

The Special Tribunal for Lebanon Appeals Chamber examined state practice and binding international covenants to assert that the crime of terrorism is “commonly accepted at the international level.” As such, the Chamber derived the key components in formulating a general definition of terrorism: (1) the perpetration of a criminal act; (2) the intent to spread fear among the population or coerce a national or international authority to take some action; (3) and the act involves a transnational element.  For the first time, a tribunal of international character has established the existence of a customary rule of international law recognizing an international crime of terrorism in times of peace.


Bout: United States of America v. Viktor Bout

Judgment, 5 Feb 2012, District Court for the Southern District of New York, United States

Viktor Bout, a notorious international arms dealer also known as the Merchant of Death, was alleged of trafficking weapons to several African warlords, dictators in the Middle-East and the Colombian FARC. The US Drug Enforcement Administration (DEA) decided to catch him through a sting operation in which DEA officers posed as FARC fighters and discussed with him a multimillion-dollar weapons transaction supposedly in order to aid the FARC in its fight against the Colombian government and the United States. The operation succeeded and Bout was caught by police forces in Thailand.

The US charged him with conspiracy to kill US nationals and officials and with conspiring to provide material support to a terrorist organisation (the FARC). Initially, Bout managed to have the Thai Criminal Court prohibit his extradition due to it being politically motivated. However, in appeals the decision was overturned and Bout was extradited to the US in 2010. A US jury found him guilty on all charges in 2011 and on 5 April 2012, he was sentenced to 25 years imprisonment - the minimum sentence, since the judge had found "no reason to believe Bout would ever have committed the charged crimes".


Abdulmutallab: United States of America v. Umar Farouk Abdulmutallab

Judgment in a Criminal Case, 16 Feb 2012, United States District Court – Eastern District of Michigan, United States

Umar Farouk Abdulmutallab is a Nigerian national who was accused of attempting to set off an explosive device on a plane travelling from Amsterdam (the Netherlands) to Detroit, Michigan (the United States of America) on 25 December 2009. 

In an indictment filed before the United States District Court for the Eastern District of Michigan, prosecutors charged Abdulmutallab with eight counts, including conspiracy to commit terrorism. Abdulmatallab pleaded guilty on 21 October 2011 to all counts, including conspiracy to commit terrorism. On 16 February 2012, the District Court sentenced him to life imprisonment for four counts (including conspiracy to commit terrorism), and an additional 50 years for the remaining counts.


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