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M. v. al-Tikriti: M. v. Barzan al-Tikriti
Décision, 22 Dec 2003, Federal Department of Defence, Switzerland
Al-Haq v. UK: Al-Haq v. Secretary of State for Foreign and Commonwealth Affairs
Judgment, 27 Jun 2009, High Court of Justice of England and Wales, Divisional Court, Great Britain (UK)
Can a state be held legally responsible for not taking a strong stance against human rights violations committed by another state? In this case, a Palestinian human rights organization requested a UK court to give its legal opinion about UK foreign policy, in relation to Israeli actions in the Gaza Strip during the Winter of 2008/2009 (‘Operation Cast Lead’ or the ‘Gaza War’). The court most important statement was that it did not consider itself authorized to rule on foreign policy. According to the court, foreign policy is made by the government’s executive branch and it should remain within that exclusive domain.
R. v Choudary (Anjem): Anjem Choudary, Mohammed Mizanur Rahman v. Regina
Judgment on Appeal from the Central Criminal Court, 22 Mar 2016, Court of Appeal (Criminal Division), Great Britain (UK)
Anjem Choudary and Mohammed Mizanur Rahman were charged with inviting support for the Islamic State, which is designated as a proscribed organisation in the United Kingdom. Both men are well-known speakers who have publicly supported the Islamic State, including by attending protests at which Islamic State banners were displayed.
While Choudary and Rahman’s speeches did not explicitly invite violence, the Court found them to be clear statements of support for the Islamic State, based on the common-sense meaning of the word “support.” According to the Court, “support” is not limited only to assistance that is practical or tangible, but also extends to support in the form of endorsement of approval of a proscribed organisation.
Finally, the Court addressed the appellants’ contention that the law in question violated their right to freedom of expression. The Court found the right to freedom of expression to be not absolute, specifically when the law prescribes the criminalization of the conduct and its purpose is to respond to issues such as national security which are listed in the European Convention on Human Rights.
Vujović: Office of the War Crimes Prosecutor v. Miroljub Vujović et al.
Indictment, 16 Sep 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
The accused were all members of the Vukovar Territorial Defence force (TO) or of the volunteer unit called “Leva Supoderica”.
On 18 November 1991, members of the Croatian armed forces surrendered themselves to the Yugoslav People's Army (JNA). As a result, they had to enjoy certain rights and protection under international law because they were prisoners of war. For instance, they had to be treated humanely, should not be beaten or killed. Nevertheless, they were taken to the Ovčara farm in the Vukovar municipality on 20 and 21 November 1991, where they were brutally beaten, injured, and killed by members of the TO force (including the accused). Approximately 200 Croatians were killed at the Ovčara farm.
Touvier: France v. Paul Touvier
Cassation Partielle, 27 Nov 1992, Cour de Cassation, Chambre Criminelle, France
Paul Touvier was a collaborator in Vichy France. He was arrested after World War II on charges of treason and collaborating with the enemy and sentenced to death but escaped in 1947 and escaped prosecution for the next 43 years. The statute of limitations for these sentences elapsed in March 1967. However, time limitations for crimes against humanity were abolished in France in 1964, and Touvier was arrested on 24 May 1989 and charged with complicity in crimes against humanity. He was accused of crimes against humanity, committed while carrying out his function as local leader of the Second Service of the Militia in Lyon: involvement in raids, the arrest, torture and deportation of resistance members and the execution of seven Jews in Rillieux on 28 and 29 June 1944.
However, the Court of Appeal in Paris found that, apart from the crimes committed in Rillieux, there was not enough evidence to indict Touvier and declared the charges inadmissible. The Court also ruled that the remaining charge, the crimes committed in Rillieux, could not be classified as crimes against humanity, thus rendering the charge invalid as the period of prescription period had elapsed.
The Cour de Cassation reversed the Court of Appeal’s decision, but only with regards to the murders in Rillieux. The Cour de Cassation ruled that the events in Rillieux in fact constituted crimes against humanity.
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