Case Law
- Belgium: Commission permanente de recours des réfugiés (see: Conseil du Contentieux des Etrangers) 2
- France: Commission des Recours des Réfugiés (CRR) 2
- France: Conseil d'Etat 1
- Germany: Bundesverwaltungsgericht 1
- Netherlands, The: The Hague Court of Appeal 1
- Netherlands, The: The Hague District Court 1
- New Zealand: Court of Appeal 1
- New Zealand: High Court 1
- New Zealand: Supreme Court 1
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Federal Administrative Court, Decision of 31 March 2011 - BVerwG 10 C 2.10
Translator's Note: The Federal Administrative Court, or Bundesverwaltungsgericht, is the Federal Republic of Germany's supreme administrative court. This unofficial translation is provided for the reader's convenience and has not been officially authorised by the Bundesverwaltungsgericht. Page numbers in citations of international texts have been retained from the original and may not match the pagination in the parallel English versions. 31 March 2011 | Judicial Body: Germany: Bundesverwaltungsgericht | Topic(s): Crimes against humanity - Exclusion clauses - Refugees - Right to seek asylum - War crimes | Countries: Germany - Rwanda |
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Attorney-General v. X
20 June 2008 | Judicial Body: New Zealand: Supreme Court | Topic(s): Confidentiality - Crimes against humanity - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Extradition - Genocide - Prosecution vs persecution | Countries: New Zealand - Rwanda |
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Z v. Attorney General of New Zealand
Application for interim order that a determination not be made as to cancellation of the refugee status, pending judicial review. 30 March 2008 | Judicial Body: New Zealand: High Court | Topic(s): Crimes against humanity - Criminal justice - Exclusion clauses - Genocide - Rule of law / Due process / Procedural fairness | Countries: New Zealand - Rwanda |
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Judgment of the The Hague Court of Appeal in the Case of Public Prosecutor's Office number 09-750007-07
17 December 2007 | Judicial Body: Netherlands, The: The Hague Court of Appeal | Topic(s): Exclusion clauses - Genocide - War crimes | Countries: Netherlands - Rwanda |
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Attorney-General v. X and Z
5 September 2007 | Judicial Body: New Zealand: Court of Appeal | Topic(s): Crimes against humanity - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Extradition - Prosecution vs persecution - War crimes | Countries: New Zealand - Rwanda |
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Judgment of the The Hague District Court in the Case of Public Prosecutor's Office number 09/750009-06 and 09/750007-07
Interlocutory decision. The accused is on trial because of his involvement in a number of serious offences punishable by law (which allegedly) were committed in April 1994 in Rwanda. The indictments against the accused are incorporated in two summons which will be jointly dealt with. All counts are charged primarily as war-crimes (Article 8 Act on criminal law in time of war) and alternatively as torture (Articles 1 and 2 Act implementing the Torture Convention). All counts have also been charged as genocide (Article 1 Act implementing the Genocide Convention) in the second summons. The prosecution of these counts has been taken over from the Prosecutor of the Rwanda Tribunal. This interlocutory decision only relates to the Public Prosecutor's right to prosecute the Accused with regard to count 1 of the second summon (genocide). The Public Prosecutor explicitly asked the Court to take a decision at this stage in order to exercise her right to institute proceedings on this count pursuant to Article 283, subsection 6 of the [Dutch] Code of Criminal Procedure. Counsel for the defence agreed to this and took the position that the Public Prosecutor was barred from prosecution in this respect. The Court concludes that a Dutch criminal court has neither direct nor indirect jurisdiction with respect to the charge of the Accused's involvement in genocide. The Court dismisses the Public Prosecutor in the prosecution of the Accused of count 1 in the second summons. 24 July 2007 | Judicial Body: Netherlands, The: The Hague District Court | Topic(s): Exclusion clauses - Genocide - War crimes | Countries: Netherlands - Rwanda |
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CRR, 15 février 2007, 564776, Mme Agathe Kanziga veuve Habyarimana
15 February 2007 | Judicial Body: France: Commission des Recours des Réfugiés (CRR) | Topic(s): Crimes against humanity - Exclusion clauses - Genocide | Countries: France - Rwanda |
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Décision No. 04-0629/F2275
16 February 2006 | Judicial Body: Belgium: Commission permanente de recours des réfugiés (see: Conseil du Contentieux des Etrangers) | Topic(s): Exclusion clauses - Persecution based on political opinion | Countries: Belgium - Rwanda |
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CE, 18 janvier 2006, 255091, M. Pierre Tegera
18 January 2006 | Judicial Body: France: Conseil d'Etat | Topic(s): Ethnic cleansing - Exclusion clauses - Genocide | Countries: France - Rwanda |
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Décision No. 98-0886/R8485
24 May 2000 | Judicial Body: Belgium: Commission permanente de recours des réfugiés (see: Conseil du Contentieux des Etrangers) | Topic(s): Acts contrary to the purposes and principles of the United Nations - Country of origin information (COI) - Crimes against humanity - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Genocide - Persecution based on political opinion | Countries: Belgium - Rwanda |
