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Al Anfal: Farhan Mutlak AI Jibouri, Sultan Hashim Ahmad AI Tae' e, Hussein Rashid Moharmned and Ali Hasan AI Majid v. the General Prosecutor

Opinion, 4 Sep 2007, Iraqi High Tribunal (Appeals Commission), Iraq

In 1988, the Iraqi government under the leadership of Saddam Hussein, launched a military campaign against the Kurdish population residing in northern Iraq. In eight operations from February until September of that year, both conventional and chemical weapons were deployed against the citizens of Kurdish villages resulting in the deaths and injury of hundreds of thousands. Others were executed in the following raids, their homes were looted and entire villages were burned to the ground. Others still were transported to prison camps where they were starved and detained in inhumane conditions. This campaign became known as the Al Anfal campaign and was the subject of the Iraqi High Tribunal’s second case  (the first one being the Al Dujail-trial). 

Seven defendants, including Saddam Hussein and his cousin, nicknamed Chemical Ali, were brought before the Court. Charges against Hussein were dropped when he was executed in the course of the trial as a result of his conviction in another proceeding. By a verdict of 24 June 2007, the Tribunal convicted five of the remaining six defendants, one of whom was acquitted for lack of evidence. Three, including Chemical Ali and two military commanders, received death sentences; the others received cumulative sentences that essentially amounted to life imprisonment. The present decision by the Appellate Chamber of the Tribunal confirmed the trial verdict and dismissed all appeals.


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.    


Gasal & Kukavica: Prosecutor's Office of Bosnia and Herzegovina v. Nisvet Gasal and Musajb Kukavica

Indictment, 18 Sep 2007, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Special Department for War Crimes,, Bosnia and Herzegovina

Nisvet Gasal was born on 25 May 1964 in Oborci in the municipality of Donji Vakuf, central Bosnia and Herzegovina. Musajb Kukavica was born on 10 March 1970 in Jajce, also located in central Bosnia and Herzegovina. During the armed conflict between the Croatian Defence Council (HVO) and the army of the Republic of Bosnia and Herzegovina (August 1993 - March 1994), Gasal served as camp warden of the FC Iskra Stadium detention camp in Bugojno, and Musajb Kukavica served as security commander of the detention camp. In that capacity, they were responsible for the unhygienic living conditions in which the detainees were held, and for a lack of food, water and medical help. They were also responsible for the harm that other guards inflicted on the detainees. Some detainees were forced to perform hard physical work while others were taken to the front line where there were a lot of shootings. On 18 September 2007, the preliminary hearing judge of the Court of Bosnia and Herzegovina found that Gasal and Kukavica could be charged with war crimes against civilians.


Lucic: The Prosecutor v. Krešo Lucic

Verdict, 19 Sep 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina

During the armed conflict in the Former Yugoslavia, Krešo Lučić was a commander of the Croatian Defence Council (HVO) Military Police in Kreševo, and participated in the imprisonment and torture of Bosniak civilians in 1993. The HVO led widespread and systematic attacks on the Bosniak civilian population. Lučić allegedly ordered the imprisonment of these civilians in the premises of the Ivo Lola Ribar Elementary School and in the Šunje warehouse in Kreševo and also physically abused and tortured Bosniaks who were imprisoned. 

He was charged with illegal detention, torture and inhumane acts as crimes against humanity. For a crime to be considered a crime against humanity, it is necessary that it is proven these crimes were part of widespread and systematic attacks against the civilian population. The Court considered this proven since this had already been decided in other cases before the ICTY. The Court found him guilty on three counts and acquitted him from abusing one person.  He was sentenced to six years’ imprisonment.


Abiola et al. v. Abubakar: Hafsat Abiola et al. (Plaintiffs) v. Abdulsalami Abubakar (Defendant)

Memorandum Opinion and Order, 28 Sep 2007, United States District Court for the Northern District of Illinois, Eastern Division, United States

Hafsat Abiola filed a complaint against General Abdulsalami Abubakar claiming that he is responsible for the death of her parents, Chief MKO Abiola and Kudirat Abiola. In particular, she claimed that as Chief of Defence Staff under Sani Abacha’s military rule (November 1993 – June 1998), and as President of Nigeria (November 1998 - May 1999), General Abubakar was responsible for torturing her father and keeping him in inhumane conditions, as well as for denying him access to a lawyer. In addition, she claimed that the regime is responsible for the death of her mother, who was threatened and killed following a campaign for the release of her husband.

In 2001, General Abubakar was served with summons when he visited the United States.

On 28 September 2007, the District Court for the Northern District of Illinois, Eastern Division, imposed a sanction on the defendant for his failure to appear for deposition. The sanction was an order declaring that the allegations of the plaintiffs had to be taken as established.


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