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Selimović et al.: Prosecutor's Office of Bosnia and Herzegovina v. Mehura Selimović, Adil Ružnić and Emir Mustafić
Indictment, 16 Apr 2009, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mehura Selimović was born on 4 April 1962, and is a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Adil Ružnić was born on 2 August 1967, and is a former Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Emir Mustafić is a former member of the 5th Corps of the Army of RBiH. While holding these positions, they assisted soldiers detaining civilians and members of enemy forces that were no longer fighting in the Adil Bešić military barracks in Bihać, in a camp in the plastic factory in Petrovac, in the Luke prison in Bihać, and in other locations. In these locations, the detainees were held in unhealthy conditions, forced to perform hard work, and subjected to harsh interrogations and physical mistreatment. The Court of Bosnia and Herzegovina charged Selimović, Ružnić and Mustafić with war crimes against civilians and war crimes against prisoners of war because of their involvement in the crimes.
Viktor Bout: Public Prosecutor v. Viktor Bout
Decision on extradition request, 11 Aug 2009, Criminal Court, Thailand
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 attempted to order about hundred anti-air missiles and weapons "to use against Colombian and United States nationals" in Colombia. The operation succeeded and Bout was caught by police forces in Thailand. In the first instance verdict discussed here, the Thai Court denied the US petition to extradite Bout, stating that the crimes of which Bout was accused did not fall within the scope of the Extradition treaty between the United States and Thailand. Thailand did not consider the FARC to be a terrorist organisation and the Court held that the US accused Bout of a political offense, for which extradition was not possible. Moreover, the Court held that the crimes of which Bout was accused were not punishable in Thailand, as the offense was committed against ‘foreigners outside Thailand’.
Nkunda: Général James Kabarebe v. Laurent Mihigo Nkunda
Arrêt, 26 Mar 2010, Supreme Court (Kigali), Rwanda
Al Odah: Fawzi Khalid Abdullah Fahad Al Odah v. United States of America
Appeal from the United States District Court for the District of Columbia, 30 Jun 2010, United States Court of Appeal, District of Columbia, Unites States of America, United States
Fawzi Khalid Abdullah Fahad Al Odah was captured in Afghanistan for his involvement with the Taliban. Since 2002, Al Odah has been detained at the U.S. Naval Base at Guantanamo Bay (Cuba). He filed a petition for a writ of habeas corpus (a legal action allowing the detained person to challenge the legality of his detention) in May 2002. In 2008, the Supreme Court in the consolidated cases of Boumediene v. Bush and Al-Odah v. United States, considered that US federal courts have jurisdiction to hear petitions of habeas corpus. The District Court denied Al Odah’s petition on the grounds that the evidence adduced by the US Government was enough to permit his detention.
Al Odah appealed the District Court’s judgment raising challenges with respect to the procedure admitting evidence as well as the sufficiency of evidence to support that he was part of the al Qaeda and Taliban forces.
The Court of Appeals dismissed both grounds of appeal since it did not find any errors either in the District Court’s procedure on admitting evidence or in the sufficiency of the evidence presented by the US Government. In this light, the Court of Appeals affirmed the denial of Al Odah’s petition for a writ of habeas corpus.
Khadr: United States of America v. Omar Ahmed Khadr
Verdict, 31 Oct 2010, Military Commission, United States
Omar Khadr, a Canadian citizen, was 15 years old when he was captured and seriously injured in a firefight in Afghanistan on 27 July 2002. The US accused Khadr of throwing a grenade that killed US Army Sergeant First Class Christopher Speer and injured two others. He was charged with murder and attempted murder, conspiracy to commit terrorism, providing support for terrorism, and spying.
On 25 October 2010, Khadr pleaded guilty to murder and attempted murder in violation of the laws of war, conspiracy to commit terrorism, providing support for terrorism, and spying, and was sentenced to eight years of imprisonment.
In spite of Khadr's young age at the time of his capture, the United States imprisoned him together with adults.
Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were widely denounced by civil rights groups and various newspaper editorials. He has been frequently referred to as a child soldier.
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