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Russia v. Zakaev: The Government of the Russian Federation v. Akhmed Zakaev
Judgment, 23 Nov 2003, Bow Street Magistrates' Court, Great Britain (UK)
Akhmed Zakaev was an envoy of the Chechen President Aslan Maskhadov. Zakaev was arrested in the UK in 2002 and his extradition was requested by the Russian Federation. The Russian Federation alleged that during the First Chechen War (1994-1996), Zakaev committed murder, wounding, false imprisonment (imprisonment not made in accordance with the law), and conspiring. On 13 November 2003, the Bow Street Magistrates' Court declined to extradite Zakaev because the Court feared he would be subjected to torture and would not receive a fair trial if he would be brought back to the Russian Federation.
Hamdan: Hamdan v. Rumsfeld, Secretary of Defense et al.
Decision on Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit, 29 Jun 2006, Supreme Court, United States
Salim Ahmed Hamdan, a Yemeni citizen, was Osama bin Laden’s driver. Captured in Afghanistan in 2001 by members of the United States Armed Forces, he was transferred to the United States detention centre at Guantanamo Bay in 2002. By an order of the President of the United States, Hamdan was designated to stand trial before a United States Military Commission for charges of conspiracy to commit multiple offenses, including attacking civilians and civilian objects, murder by an unprivileged belligerent, destruction of property by an unprivileged belligerent and terrorism. Hamdan’s counsel applied for a writ of habeas corpus alleging that the military commissions were unlawful and trial before them would violate Hamdan’s rights of access to a court.
In this decision, the Supreme Court reversed the decision of the Court of Appeal for the District of Columbia and held that Hamdan’s trial by military commission would be unlawful for a number of reasons: conspiracy, with which he is charged, is not a crime against the laws of war, the commissions do not conform to the requirements of the Uniform Code of Military Justice, nor with the rights guaranteed to Hamdan under the 1949 Geneva Conventions.
Samantar: Bashe Abdi Yousuf et al. v. Mohamed Ali Samantar
Memorandum Opinion, 1 Aug 2007, District Court for the Eastern District of Virginia (Alexandria Division), United States
Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.
The petitioners, all members of the Isaaq clan, allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the-then Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.
The District Court for the Eastern District of Virginia dismissed the claim for lack of subject matter jurisdiction on the grounds that Samantar enjoys immunity from proceedings before courts of the United States by virtue of his function as a State official at the relevant time under the Foreign Sovereign Immunities Act. This decision is the first in a line of proceedings that culminated in November 2012 by which the plaintiffs, victims of the regime, sought damages for the harm they suffered.
Nazario Jr.: Jose Louis Nazario Jr. v United States of America
Judgment of Discharge, 28 Aug 2008, United States District Court Central District of California, United States
On 9 November 2004, Jose Louis Nazario Jr. was serving in Iraq as a member of the US Armed Forces. Nazario was leading a squad of 13 Marines on house-to-house searches. During these searches, Nazario allegedly killed two Iraqis, and encouraged two squad members to shoot two others. The alleged acts took place in Fallujah, Iraq.
In 2007, Jose Louis Nazario was brought before the US District Court in California. He was the first veteran to be tried in a civilian US court for alleged war crimes in Iraq.
The defence argued that there was no evidence of a deceased person, nor had the government provided a name or a sufficient description of any of the alleged victims. Deliberating in less than six hours, the jury found Nazario not guilty of manslaughter or assault. Jose Louis Nazario Jr. was acquitted on all charges on 28 August 2008.
Serbia v. Ganić : The Government of the Republic of Serbia v. Ejup Ganić
Decision on extradition, 27 Jul 2010, City of Westminster Magistrates’ Court, Great Britain (UK)
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