Case Law

Admissibility decision.

17 March 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Armed forces / Military - Criminal justice - Freedom from torture, inhuman and degrading treatment - Torture - Transitional justice (including amnesty laws) | Countries: France - Mauritania

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

20 January 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Armed forces / Military - Christian - Country of origin information (COI) - Criminal justice - Deportation / Forcible return - Extrajudicial executions - Freedom from torture, inhuman and degrading treatment - Non-state agents of persecution - Persecution based on political opinion - Religious persecution (including forced conversion) - Right to life - Security situation | Countries: Iraq - Sweden

Application for judicial review.

18 November 2008 | Judicial Body: Canada: Federal Court | Topic(s): Acts contrary to the purposes and principles of the United Nations - Armed forces / Military - Crimes against humanity - Exclusion clauses - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion | Countries: Canada - Mexico

Application for judicial review.

18 November 2008 | Judicial Body: Canada: Federal Court | Topic(s): Acts contrary to the purposes and principles of the United Nations - Armed forces / Military - Crimes against humanity - Exclusion clauses - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion | Countries: Canada - Mexico

Includes Dissenting Opinion of Judge Moloto.

15 September 2008 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Criminal justice - Freedom from torture, inhuman and degrading treatment - International courts and tribunals - Serb - War crimes | Countries: Bosnia and Herzegovina

Applications for permission to apply for judicial review.

10 September 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed forces / Military - Asylum policy - Exceptional leave to remain (ELR) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

8 September 2008 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Armed forces / Military - Coup d'état - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion | Countries: Australia - Fiji

Re-trial ordered regarding the indictment count of direct and public incitement to commit genocide.

29 August 2008 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Topic(s): Appeal / Right to appeal - Armed forces / Military - Crimes against humanity - Criminal justice - Genocide - Tutsis | Countries: Rwanda

21 August 2008 | Judicial Body: Australia: Federal Court | Topic(s): Armed forces / Military - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Australia - China

Includes Separate Opinion of Judge Shahabuddeen, and Joint Dissenting Opinion of Judge Meron and Judge Kwon.

17 July 2008 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Armed forces / Military - Conflict situation - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Standard of proof - War crimes | Countries: