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Germany surrender World War II on 8 May 1945. The surrender mandated the cessation of military activities against the United States and its allies. The 27 Accused in the present case are all German nationals who were resided in China during the duration of the war. They were members of the German military intelligence agency, Bureau Ehrhardt, or the German propaganda agency, the German Information Bureau in China. Included amongst the accused were Ernst Woermann, German ambassador to occupied China, and Elgar von Randow, Counsellor of the Shanghai office of the German Embassy.

They were indicted by the Prosecutor of the United States Military Commission in China for war crimes, namely, for assisting the Japanese armed forces in the conduct of military activities against the United States and its allies. They were variously alleged to have collected and disseminated military information and distributed propaganda to the Japanese. The Military Commission convicted 21 of the 27 accused and handed down terms of imprisonment ranging from 5 years to life imprisonment for Lothar Eisentrager, the head of the Bureau Ehrhardt. The Military Commission was required to address a number of questions including the exercise of jurisdiction by the Court since the accused were all German nationals and the crimes were not committed on US territory, as well as whether the crimes with which the accused were charged amounted to war crimes under international law at the time of their commission. 

Klaus Barbie was a member of the German SS and later the head of the Gestapo in Lyon, Occupied France in 1942. He was wanted by the French authorities for charges of crimes against humanity committed during World War II, during which time he earned the nickname the ‘Butcher of Lyon’ in recognition of his notorious interrogation style.

After the war, he was recruited by the Army Counter Intelligence Corps of the United States, which later helped him emigrate to Bolivia. When the French authorities became aware of his residence in Bolivia, an arrest warrant was issued. Bolivia expelled Barbie and, as he was disembarking a plane in French Guyana, he was picked up by French authorities and detained.

After a series of decisions regarding challenges to the jurisdiction of the French courts, Barbie was convicted for multiple counts of crimes against humanity by the Cour d’assises of Rhone and sentenced to life imprisonment in 1987. The present decision was his final appeal; it was rejected in its entirety by the Supreme Court of France. Barbie died in prison in 1991 at the age of 77. 

Unlike the politically motivated crimes that are usually dealt with by the Special Panels for Serious Crimes as a result of Indonesia’s illegal occupation of East Timor from 1975 until 2002, the present case holds no links to these events. A father who suspected his daughter’s illness to be the result of black magic ordered the Accused, Carlos Soares Carmona, and others, to find the man responsible and bring him to his home. The man is brought back and, by placing saliva on the girl’s forehead, wakes her from a state of unconsciousness. The man is tied to a chair, questioned and beaten by the Accused on the orders of the father. He confesses to practising black magic, particularly against children, but resolves never to do so again. A reconciliation occurs and two bottles of a local alcoholic drink are consumed. After everyone departs the home, the Accused returns to find the man alone and proceeds to stab him in the chest. He dies as a result of his wounds. The Accused is convicted by the Special Panels for murder and sentenced to 11 years’ imprisonment. His defence of intoxication is dismissed absent evidence to the contrary. 

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters. 

The Accused, Leonardus Kasa, was a member of the pro-autonomy Laksaur militia group. He was brought before the Special Panels for Serious Crimes for having allegedly raped an East Timorese woman. He contended that the relationship was not based on coercion and in any event the Special Panels could not hear his case as it fell outside their jurisdiction, the alleged rape having been committed in West Timor. The Special Panels agreed, finding that under the constitutive instruments of the Panels and the applicable law, there was no jurisdiction to try the case. It would have to be dealt with by an Indonesian court. 

During IDF operations against terrorist infrastructure in the areas of the Palestinian Authority (“Operation Defensive Wall”), a dispute arose about burial rights. The Palestinian petitioners requested that the IDF be ordered to cease checking and removing the bodies of Palestinians that had been killed during the course of warfare in the Jenin refugee camp, and that the IDF be ordered not to bury those ascertained to be terrorists in the Jordan valley cemetery. Petitioners also requested to acknowledge that the tasks of identifying and removing the bodies were the responsibility of medical teams and the Red Cross, and that the families be allowed to bring their dead to a quick and honorable burial. 

The Supreme Court of Israel held that the government was responsible, under international law, for the location, identification, and burial of the bodies. As such, teams will be assembled for the location, identification and removal of bodies. The government agreed that the Red Cross should participate in these activities and would "positively consider the suggestion" that the Red Crescent also participate, according to the discretion of the Military Commander. Furthermore, it was established that the identification process be completed as quickly as possible, and will ensure the dignity of the dead as well as the security of the forces. At the end of the identification process, the burial stage will begin; the government allowed the Palestinians to do this themselves, as long as they did it in a timely manner and without threatening Israeli security. Also, no differentiation will be made between bodies (e.g. between the bodies of civilians and the bodies of declared terrorists).