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Prosecutor v. Omar H.
Appeal Judgment, 27 Jan 2015, Court of Appeal of The Hague, The Netherlands
On 27 January 2015, the Hague Court of Appeal convicted Omar H. for training for terrorism and making preparations to commit arson and/or an explosion. Thus, the Appeals Court agreed with the District Court of Rotterdam that Omar H. had prepared to commit arson and/or an explosion. However, it distanced itself from the District Court’s finding that Omar H. had not trained for terrorism as, according to the District Court, his actions could not be considered as “training”. On the contrary, the Hague Court of Appeal decided that training for terrorism had to be interpreted broadly. Researching how to make bombs online, and buying items to make explosive devices in light of Omar H’s interest in jihad and travel to Syria were sufficient to prove he had trained himself to commit a terrorist crime. Omar H. was sentenced in total to 18 months’ imprisonment by the Court of Appeal.
Sawoniuk: United Kingdom v. Sawoniuk
Judgment, 10 Feb 2000, Court of Appeal (Criminal Division), Great Britain (UK)
Anthony Sawoniuk was born in what is now Belarus, and was a convicted Nazi collaborator who took part in the murder of Jews during WWII. Sawoniuk later moved to the United Kingdom where he became a British citizen, this is why the War Crimes Act could be applied to his case. In the UK Sawoniuk lived freely until his name was found on a KGB list of war criminals in 1993.
After being put on trial for war crimes (murder) against Jews in Domachevo, Sawoniuk was found guilty by a jury in the Old Bailey on two charges and sentenced to life in prison. Sawoniuk appealed this judgment, arguing that the trial contained errors in law, and was therefore not a fair trial. It was mostly asserted, for several reasons, that the two eyewitnesses that were the primary evidence for his conviction were not truthful, and hence that the trial was based on unreliable and insufficient evidence. However, on 10 February 2000, the Court dismissed his appeal, judging that sufficient measures were taken by the trial judge to ensure a fair trial. In 2005 Sawoniuk died while in prison.
Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan
Memorandum Opinion, 4 Oct 2001, United States District Court for the District of Columbia, United States
Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.
The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA.
Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs
Opinion of the Court, 27 Jun 2003, United States Court of Appeal, District of Columbia, Unites States of America, United States
Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.
The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA. On appeal, the present decision of the United States Court of Appeals for the District of Columbia Circuit affirmed the decision of the District Court.
Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs
Opinion of the Court, 28 Jun 2005, United States Court of Appeal, District of Columbia, Unites States of America, United States
Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.
The present lawsuit was brought by fifteen former “comfort women” against Japan. Having been unsuccessful before the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit, the Supreme Court vacated the decision of the Court of Appeals and remanded the case. By its decision of 28 June 2005, the Court of Appeals once again dismissed the appeal on the grounds that the Appellant’s claims were non-justiciable under the political question doctrine as they would require the Courts to interpret treaties concluded between foreign States.
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