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During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces (TNI) along with a number of militia groups perpetrated widespread abuses against the civilian population, particularly targeting those known to be or suspected of being pro-independence supporters.

In September 1999, members of the TNI and Dadurus Merah Putih (DMP) militia of which the Accused was a member, surrounded the home of a known independence supporter. In his absence, his relative was dragged outside and beaten with machetes, spears and stones until he died. His brother-in-law, emerging from the neighbouring home, was also targeted – he was shot and stabbed until he too died. The Accused was convicted by the Special Panels for Serious Crimes for his participation in the murder of both victims and sentenced to 10 years 6 months’ imprisonment. He was, however, acquitted of the charge of torture as the Special Panel found that he did not act with the intent of torturing the victims, but 'solely' with the intent to cause their death.

Indonesia had illegally occupied East Timor since 1975 despite the will of the Timorese to gain independence. The Indonesian Armed Forces, together with a number of militia groups, carried out a nationwide campaign intended to terrorise and punish independence supporters.

The Accused was the leader of the Sakunar militia group for the village of Bebo. In this capacity, he ordered the deaths of two suspected independence supporters and requested that the ear of the second victim be brought back to him as proof. He additionally participated in the beating of a third victim. He pleaded guilty to the charges of murder and other inhumane acts as a crime against humanity. The Court sentenced him to 7 years’ imprisonment finding him liable for failure to prevent his subordinates’ crimes, for ordering the commission of such crimes and for jointly committing one crime, the beating. 

Sinan Morina is an ethnic Kosovo Albanian and was a member of the Kosovo Liberation Army (KLA) during the non-international armed conflict between the KLA, on one side, and the police and military units of the SFR Yugoslavia, on the other. He was charged with participating, together with 34 members of KLA, in the killing of nine Serbian men, expulsion, imprisonment, torture and rape of Serbian civilians, and large-scale destruction of civilian property and religious objects (Orthodox churches St. Spas and St. Nikola) in the village of Opteruša between 17 and 21 July 1998. The purpose of this armed attack was to ethnically cleanse the area from all non-Albanian population and create an ethnically pure Albanian territory.

Morina was acquitted by the Belgrade District Court on 20 December 2007 due to lack of credible evidence. The Supreme Court of Serbia reversed the verdict of the War Crimes Court in 2009 and ordered a re-trial. He was arrested in Croatia on 24 February 2010 following an international arrest warrant issued by the Serbian authorities.

After the Chilean military staged a coup d’état in September 1973, elected President Salvador Allende was replaced with a military junta, chaired by Augusto Pinochet. During his time in office, widespread human rights violations were reported. In this case, the plaintiffs sought to establish the responsibility of the United States, more particularly former National Security Adviser and former Secretary of State Henry Kissinger, for these human rights violations. According to several victims and family of victims, the United States played an important role in the military coup, for example by funding and assisting the military.

The District Court had dismissed the claim on its merits, but the Court of Appeals held that the Court did not even have jurisdiction. Under US law, claims regarding strictly political questions, for example regarding foreign policy and defense, are barred. The Court held that this claim regarded measures taken to implement foreign policy and that a judge should not rule on this. Questions regarding foreign policy, the Court reasoned, should remain strictly within the domain of politics.