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Mashudur Choudhury: R v. Mashudur Choudhury

Jury Verdict, 20 May 2014, Kingston-upon-Thames Crown Court, Great Britain (UK)

Mashudur Choudhury is the first person to be convicted of terrorism charges in relation to the ongoing war in Syria. Mr. Choudhury, who is from Portsmouth, was found guilty of travelling to Syria to join a jihadi training camp. His intention to become a martyr was evident throughout his conversations with another foreign fighter and his posts on social media. He was arrested and charged upon his return to the UK a few weeks after his departure. Mr. Choudhury has been sentenced to 4 years’ imprisonment. 


Bemba Case: The Prosecutor v. Jean-Pierre Bemba Gombo

The Prosecutor v. Jean-Pierre Bemba Gombo, 21 Mar 2016, International Criminal Court (Trial Chamber III), The Netherlands

The Bemba case represents a significant milestone in international law, particularly concerning the doctrine of command responsibility. Mr. Jean-Pierre Bemba, a former Vice-President of the Democratic Republic of Congo, was charged with two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape, and pillaging). These charges were linked to the actions of the Movement for the Liberation of Congo (MLC), a militia group under his command, in the Central African Republic (CAR) between 2002 and 2003. 

Mr. Bemba's trial was groundbreaking in several aspects. It was one of the first major ICC trials focusing on sexual violence as an international crime, setting a precedent for how such crimes are prosecuted globally. The prosecution argued that Mr. Bemba had effective command and control over the MLC troops and failed to take necessary and reasonable measures to prevent or repress the commission of these crimes, nor did he submit the matter to the competent authorities for investigation and prosecution. 

The defense contended that Mr. Bemba had limited means to control his forces once they were deployed in CAR and that he was not directly responsible for the atrocities committed. They argued for his inability to exercise control over the troops due to communication challenges and logistical constraints. 

The judgment and the legal reasoning behind it delved into the nuances of command responsibility, assessing the extent of a military leader's liability for the actions of their subordinates. The trial also addressed complex issues of jurisdiction, admissibility, and the participation of victims in the proceedings, making it a landmark international criminal law case. 

This case was closely watched by international legal experts and human rights advocates, as it had significant implications for how commanders at all levels are held accountable for war crimes and crimes against humanity. The verdict was seen as a test of the ICC's ability to bring high-ranking officials to justice and a statement on the international community's commitment to addressing grave human rights violations. 


Alqudsi: R v. Alqudsi

Sentencing Decision , 1 Sep 2016, Supreme Court of New South Wales, Australia

On 1 September 2016, Sydneysider Hamdi Alqudsi was sentenced to 8 years’ imprisonment, with a non-parole period of 6 years, for his involvement in assisting seven fighters to travel to the conflict in Syria. Mr. Alqudsi was convicted by a jury on 12 July 2016 after attempting to argue that he was trying to save lives in Syria. Ultimately, it was found through intercepted communications that he was well aware of what the fighters he helped get to Syria and the Islamic State were doing there. Moreover, Judge Adamson acknowledged that he had been a key player in the movement of fighters from Australia to Syria as he linked those who wanted to travel with another fighter who was already there and had joined a jihadi group. 


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