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Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan
Memorandum Opinion, 4 Oct 2001, United States District Court for the District of Columbia, United States
Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.
The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA.
Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs
Opinion of the Court, 27 Jun 2003, United States Court of Appeal, District of Columbia, Unites States of America, United States
Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.
The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA. On appeal, the present decision of the United States Court of Appeals for the District of Columbia Circuit affirmed the decision of the District Court.
Drljača: Prosecutor's Office of Bosnia and Herzegovina v. Mladen Drljača
Indictment, 19 Mar 2008, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mladen Drljača was born on 5 March 1958 in Bosanska Krupa in northwestern Bosnia and Herzegovina. During the war in Bosnia and Herzegovina (1992-1995), he was a key official and held several offices in the municipality of Bosanska Krupa. Drljača was suspected of having committed crimes against humanity, war crimes against civilians, and war crimes against prisoners of war in the period between the beginning of April 1992 and 31 December 1992. In particular, Drljača was charged with participating in the detention of Bosnian Muslims in the Jasenica primary school and the Petar Kočić school, and in questioning the Jasenica detainees in the Provisional Military Court.
On 19 March 2008, the Prosecutor's Office of Bosnia and Herzegovina issued an indictment.
On 7 May 2013, Drljača was acquitted by the Appeals Division of Section I for War Crimes of the Court of Bosnia and Herzegovina because it had not been proven that he committed the alleged crimes.
Habyarimana: Mme H
Decision of the Conseil d’Etat, 16 Oct 2009, Conseil d’Etat, France
Agathe Habyarimana (maiden name: Agathe Kanzigas) is the widow of former Rwandan President Juvénal Habyarimana whose death on 6 April 1994 marked the beginning of the Rwandan genocide that was to result in the death of some 500,000 Tutsis and moderate Hutus within the lapse of a few months. Agathe Habyarimana is frequently regarded as one of the powers behind Juvénal habyarimana’s Presidencey and as part of the inner circle responsible for the planification and organisation of the Rwandan genocide. On 9 April 1994, she was airlifted to France.
In July 2004, she applied for refugee status but her application was denied by the French Office of Protection of Refugees and Stateless Persons (OFPRA). The rejection was confirmed on appeal by the Appeals Commission for Refugees in February 2007.
On appeal to the Conseil d’Etat, the highest administrative court in France, Agathe Habyarimana sought to prove that the Appeals Commission had committed an error in law and in fact when it concluded that she had participated in the planning, organising and direction of the genocide in Rwanda since 1990 and ultimately denied her request to overturn the rejection of her request for refugee status. The Conseil d’Etat rejected the appeal by a decision of 16 October 2009.
Astiz: Alfredo Ignacio Astiz
Verdict, 26 Oct 2011, Federal Tribunal Nº 5 of Buenos Aires, Argentina
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