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Al-Zahrani & Al-Salami v. Rodriguez et al.: Al-Zahrani and Al-Salami v. Rodriguez et al.
Appeal from the United States District Court for the District of Columbia (No. 1:04-cv-01254), 21 Feb 2012, United States Court of Appeals, United States
Yasser Al-Zahrani of Saudi Arabia and Salah Al-Salami of Yemen were detained at the US Naval Base at Guantanamo Bay (Cuba) from 2002. In 2006, both Al-Zahrani and Al-Salami allegedly committed suicide in their cells.
In January 2009, their families brought a civil complaint, seeking damages for the arbitrary detention, cruel treatment and torture of the two detainees. In February 2010, the US District Court ruled that the claims were barred by the 2006 Military Commissions Act since under Section 7 of the Act, the men had been properly detained, thus barring the court from having jurisdiction over the case.
In March 2010, the Plaintiffs filed a motion for reconsideration on the basis of newly-discovered evidence. In September 2010, the District Court rejected the motion on the grounds that the new evidence did not change the previous ruling.
On 21 February 2012, the United States Court of Appeals affirmed the dismissal of the claims by the families of Al-Zahrani and Al-Salami on the grounds that it lacked jurisdiction over the subject matter of the action pursuant to the provisions of the Military Commissions Act.
Mpambara: Public Prosecutor v. Joseph Mpambara
Judgment, 26 Nov 2013, Hoge Raad (Supreme Court), The Netherlands
Between April and July 1994, as much as 10% of the entire Rwandan civilian population was murdered in an ethnic conflict in which the Hutus sought to eliminate the Tutsis. At the same time, an armed conflict was fought between the Rwandan government army (FAR) and the armed forces of the Rwandan Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandan Tutsi who fled from Rwanda in preceding years.
The accused, Joseph Mpambara, fled Rwanda for The Netherlands. He was arrested and brought before the Dutch courts on charges of war crimes, torture and genocide. Although the Dutch courts deemed themselves without jurisdiction for genocide, Mpambara was initially convicted for torture. The Court of Appeal also found him guilty of war crimes and increased his 20 years' prison sentence to life imprisonment. Mpambara appealed at the Supreme Court, arguing that the previous judgment - especially the use of evidence from witnesses he could not examine and the issuance of a life sentence - was in violation of his fundamental rights (as found in the European Convention on Human Rights, ECHR), namely his rights to a fair trial and to protection against inhumane treatment.
The Supreme Court found the grounds of appeal unfounded, dismissed Mpambara's appeal, and confirmed the Court of Appeals' judgment and sentence.
Faqirzada: Public Prosecutor v. Abdullah Faqirzada
Judgment, 8 Nov 2011, Supreme Court of the Netherlands, Criminal Division, The Netherlands
Abdoullah Faqirzada, an Afghan national born in 1950, was an officer of the Afghan security police force KhAD (Khadamat-e Etela'at-e Dawlati) in the period 1979-1989. This security police force was known for committing various human rights violations against anti-regime supporters. In 1994, Faqirzada left Afghanistan and went to the Netherlands where he applied for asylum but in vain and therefore stayed in the country illegally. In 2006, the Dutch authorities arrested him on the basis of the principle of universal jurisdiction. Between 4 and 15 June 2007, the District Court of The Hague tried him for committing international crimes (war crimes and crimes against humanity). He was acquitted in 2007 because there was insufficient evidence to prove that he was responsible for crimes committed by the security police force. The Court of Appeal and the Supreme Court also affirmed Faqirzada’s acquittal.
Kiobel v. Shell: Esther Kiobel et al. v. Royal Dutch Petroleum Company et al.
Certirorari to the United States Court of Appeals for the Second Court, 17 Apr 2013, Supreme Court, United States
The Shell Petroleum Development Company of Nigeria Limited was involved in extracting and refining oil in the Ogoni region of Nigeria. Concerned over the devastating environmental impact that Shell’s activities were having on the region, a group of individuals known collectively as the Ogoni Nine, protested against Shell’s activities. The Ogoni Nine were detained by the Nigerian military junta on spurious charges, held without charge, tortured and hanged following a sham trial before a Special Tribunal in November 1995.
The present dispute is a class action filed by 12 Nigerian individuals, now US residents, seeking compensation from Shell for having aided and abetted the Nigerian government to summarily execute the activists in an effort to suppress protests against Shell’s oil operations. Specifically, they allege that Shell bribed and tampered with witnesses and paid Nigerian security forces that attacked Ogoni villages. In 2006, the District Court for the Southern District of New York upheld the charges for crimes against humanity of torture and arbitrary arrest and detention, and dismissed the charges against the defendants for extrajudicial killing and violations of the right to life, security and association. On appeal by both parties, the Court of Appeals for the Second Circuit held that the Alien Tort Statute does not provide jurisdiction over claims for violations of international law committed by corporations and not individual persons. Accordingly, the suit against the defendants could not continue and all charges were dismissed.
Ultimately, the Supreme Court confirmed the Appeals Court's decision, but based it on the ground that Alien Tort Statute has no extraterritorial application and thus does not apply to events that happened outside the United States.
Judgment in the Case of L. I.
Judgment, 2 Feb 2025, Stockholm District Court, Sweden
The Stockholm District Court found L. I. guilty for her involvement in IS’ campaign against the Yazidi community. After establishing that IS’ August 2014 Sinjar offensive and the subsequent pattern of killings, enslavement, rape, forced transfer of children, and destruction of religious sites amounted to genocide, crimes against humanity, and serious war crimes, the court examined L. I.’s individual accountability.
The nine victims in the case—three women and six children—were all Yazidis captured during the Sinjar attack after their male relatives were executed or went missing. They were moved through various IS collection points and bases in Iraq and Syria, where they endured severe abuse and were traded as slaves. Ultimately, all nine victims came under L. I.’s control at her residence in Raqqa.
The court found that L. I. knowingly accepted these enslaved Yazidis into her home, treated them as her property, and kept them in captivity. She controlled their movement, forced household chores, restricted their food, and physically assaulted at least one woman and one child. She compelled the women and older children to attend Qur’an lessons, pray multiple times daily, and banned the use of the Kurmanji language. She also prohibited Yazidi religious and cultural practices and forced women and girls to wear religiously prescribed clothing. Repeatedly, she called them “infidels” and “slaves” and, in some cases, played IS execution videos to threaten them. L. I. also arranged staged photographs of the victims for sale within IS’ slavery network and helped transfer two family groups to other IS members, knowing they would face further rape, suffering, and separation.
The court concluded that these actions, carried out with IS’ genocidal intent, constituted genocide, crimes against humanity, and serious war crimes. It sentenced her to 12 years in prison and awarded 150,00 SEK in moral damages to each surviving victim.
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