Cases: International Criminal Law

Alberto Fujimori Case

Facts: Former president of Peru Responsible for a number of abuses during office He fled to Japan, but Japan refused to extradite him to Peru as he was a Japanese citizen and Japan doesn’t extradite their own citizens. He went to Chile where they decided to extradite him to Peru.   Held: In Peru, he…

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Augusto Pinochet Case

Facts: Former dictator of Chile. He committed many abuses during his term in office during 1970s and 1980s. He lived in Chile peacefully after leaving power until Spanish prosecutor Baltasar Garzon filed an indictment using universal jurisdiction. Pinochet went to London to receive medical treatment and was arrested. Spanish government asked for him to be…

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Efrain Rios Montt Case

Facts: Guatemalan general who controlled the country for a short period in 1980s after coupe d’etat. He was very brutal towards indigenous Maya and others.   Held: He was later convicted of genocide and crimes against humanity by the Guatemalan court in 2013. This was the first time someone was convicted of genocide in their…

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Former Yugoslavia case – Furundzija (ICTY)

Facts: The defendant was accused of aiding the war crime of rape through forced oral penetration. Issue: Could this be considered rape? Held: There was nothing in Customary International Law to help the victim make a successful claim. Furthermore, different countries have different interpretations of what rape is. Therefore, the Court looked at general principles…

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Hussein Habre Trial

Facts: Senegal tried to put former president of Chad, Hussein Habre on trial for atrocities in Chad using universal jurisdiction. Held: When trial was reviewed by regional court, it was held they can’t do this because at the time universal jurisdiction was not part of Senegalese legal system. However, Senegal went back and said to…

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