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Case 002/01 concerns the charges of crimes against humanity against Khieu Samphan, former Head of State of Democratic Kampuchea and Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea, committed during the forced evacuation of Cambodians to labour camps and for the executions that occurred at Tuol Po Chrey. On 7 August 2014, the Trial Chamber found both accused guilty and sentenced them to life imprisonment. Both the Prosecution and Defence appealed the decision. 

The Supreme Court Chamber on 23 November 2016 issued an appeals judgement reversing some of the convictions and affirming the rest. At issue in the appeal was whether the Trial Chamber correctly defined the elements of the murder and extermination crimes against humanity. The Supreme Court Chamber affirmed the murder definition and charges, while finding that extermination requires that the accused had the direct intent to kill on a large scale. Under this definition, the Chamber reversed the convictions for the crime of extermination. The Chamber found insufficient evidence to support convictions as there were too few witnesses to support key facts beyond a reasonable doubt. Even with this reversal, the Supreme Court Chamber affirmed the life imprisonment sentences of both accused.

On 15 September 2011 a badly wounded insurgent was killed in Helmand Province, Afghanistan, by Alexander Blackman, then an Acting Colour Sergeant of the Royal Marines. In video evidence, Blackman appeared to be acting calmly and deliberately in removing the insurgent from possible observation, shooting the insurgent and giving instructions to his subordinates, including indicating “Obviously this doesn’t go anywhere, fellas. I’ve just broke the Geneva Convention”. On the basis of apparent premeditation, Blackman was convicted of murder by the court martial. In this appeal, however, the court considered fresh evidence (notably psychiatric evaluations carried out following the original conviction) suggesting that Blackman was incapable of making rational judgements or exercising self-control as a result of adjustment disorder and several “exceptional stressors”, including exhaustion, isolation, and perceived lack of leadership and support by his superiors. In light of the adjustment disorder and stressors, the court found the original conviction “unsafe” and substituted a finding of manslaughter in place of murder.

Guus Kouwenhoven, a Dutch national, carried out business operations in Liberia since the 1980s. He was the owner and president of two logging companies in operation during the second civil war in Liberia from 1999-2003. The civil war was fought between the Liberian armed forces led by President Charles Taylor on one side and rebel groups on the other. It was alleged that Taylor had financial interests in Kouwenhoven’s businesses and that these businesses were used to facilitate the commission of war crimes. 

Kouwenhoven was charged with a number of crimes related to war crimes committed in Liberia and faced a string of cases in Dutch courts between 2006-2018. In its decision of 21 April 2017, the Court of Appeal in ’s-Hertogenbosch convicted Kouwenhoven and sentenced him to 19 years’ imprisonment for illegally importing weapons and ammunition and complicity in war crimes committed by Charles Taylor’s regime. Kouwenhoven was not protected from prosecution by the Liberian Amnesty Scheme introduced by Charles Taylor’s government prior to Taylor’s resignation. The Court found that Kouwenhoven had deliberately provided the weapons used for the war crimes committed by the combined Liberian armed forces and therefore was an accomplice to these war crimes.

Arafat Nagi is an American citizen who resided in Lackawanna, New York, prior to his arrest. From 2012-2014, Nagi demonstrated support and sympathy for ISIL and the situation in Syria through social media, electronic communications with family members, and conversations with other associated individuals. He also purchased combat gear. During this time, he travelled to Turkey twice, which the U.S. alleged was with the goal of ultimately traveling to Syria to join ISIL as a fighter. While Nagi claimed he was visiting family, his iPad search history and travel plans indicated otherwise.

The U.S. arrested and detained Nagi soon after his return from Turkey and Yemen in 2014 and charged him with attempt to provide material support to ISIL.

Nagi argued the case should be dismissed because he was protected by the First Amendment. However, the district court held that the defendant’s attempt to join a foreign terrorist organization amounted to actions not protected by the First Amendment, which does protect advocacy or association with terrorist organizations. The district court found Nagi’s travel, communications, and purchase of combat gear sufficient to demonstrate an intent to provide support – in the form of himself – to ISIL. 

On 19 June 2017, Canadian citizen Ismaël Habib was the first adult found guilty of attempting to leave Canada to participate in the activities of a terrorist group. Mr. Habib had already travelled to Syria in 2013 for three months, but he was arrested and brought back to Canada as his passport had been cancelled by the Canadian authorities. Following initial suspicions, the Canadian police created an elaborate undercover operation by establishing a fictitious criminal organisation in which Mr. Habib was working. The accused was arrested in February 2016 after he confessed to a police undercover officer that he wished to leave for Syria to fight with ISIS. Even though the accused conceded that he had the primary intent of leaving Canada, there was a dispute on his reasons for doing so. While Mr. Habib argued that he wished to join his first wife and children in Syria, the prosecution contended that the defendant’s intent was to join ISIS and participate in its terrorist activities.