Case Facts Flashcards
Kindler v. Canada (1991) Facts
Kindler beat his victim to death with a baseball bat and then sunk him in the river while he was still alive. He escaped prison after his sentencing to death and fled to Canada where he was apprehended a later. The minister approved extradition without seeking assurances that he would not be executed.
United States v. Burns and Rafay (2001) Facts
Burns and Rafay had gone to Rafay’s family home. Rafay’s sister, mother, and father were found bludgeoned to death in their home in Washington. Burns and Rafay claims they were out of the house when the tragedy happened. They were arrested in British Colombia and Washington ask for extradition, which was granted without assurance that the death penalty would not be executed.
Soering v. United Kingdom (1989) Facts
Jens Soering, a German national, was detained in England pending extradition to the US to face murder charges in VA. The victims were Soering’s girlfriend’s parents. At the time of the murders was 18 years old.
Roper v. Simmons (2005) Facts
Simmons committed murder when 17 and was sentence to death nine months later, when he was 18.
Abbott v. Abbott (2010) Facts
The Abbotts had a son for which the mother got custody after their separation. The father had visitation and ne exeat rights (that is the authority to consent before the other parent may take the child to another country). The mother left with the son for Texas without getting the prior consent of the father.
The Paquete Habana (1900) Facts
A Spanish fisherwomen was detained by the Americans when crossing the blockade.
Medellin v. Texas (2008) Facts
Medellin, a Mexican national, was not informed of his right under the VCRC to contact his consulate or embassy, when arrested. He was sentenced to death.
The Island of Palmas Case: United States v. The Netherland (1928) Facts
The US claimed the same island as the Netherlands. The US based it on discovery, while the Netherlands based it on possession and use.
Nottebohm Case (Liechtenstein v. Guatemala) (1955) Facts
Nottenbohm had German citizenship until 1939, his naturalization as a Lichtensteinian citizen. He traveled back to Guatemala where he was conducting business. When WWII broke out the US and Guatemala blacklisted him and Guatemala deported him to the US where he was detained. After retiring to Lichtenstein he discovered that Guatemala had taken measures against his property.
The Barcelona Traction, Light and Power Company (Belgium v. Spain) (1970) Facts
Belgium brought suit against Spain for behavior(seizing of assets) that hurt the shareholder of Barcelona Traction, which were primary Belgian. [Incorporation=Canada, Shareholders=Belgian, Business=Spain]. This voided shareholders value.
Prosecutor v. Radislav Krstić (2004) Facts
Approximately forty-thousand male Bosnian Muslims were slaughtered in Srebrenica by Serbian force under Krstić.
United States v. Belfast (2010) [aka Taylor case] Facts
Emmanuel Belfast was the leader of the Anti-Terror Unit (Demon Forces) in Liberia, while his father was president. He tortured and killed people during his time leading the ATU from 1999-2002. When he tried to re-enter the United States after his father’s downfall, he was detained by US law enforcement. Belfast was convicted for over 1000 months prison under the Torture Act, which was passed to execute the Convention Against Torture (CAT). He appeals.
Azanian People Organization (AZAPO) v. President of the Republic of South Africa (1996) Facts
After the end of apartheid in South Africa the Truth and Reconciliation Commission granted amnesty to perpetrators of crimes against humanity during the apartheid time and in its name in exchange for a full confession and disclosure of the truth.
Almog v. Arab Bank PLC (2007) Facts
American and foreign nationals sued the Arab Bank for contributing to terrorist organizations in Palestine under the Alien Tort Claim Act (ATS).
National Bank of Jordan -> involved because it was a practice by Hamas to deposit 10,000 dollars with them for the family member of a suicide bomber.
Key question: is material support of terrorism (terrorism financing) a violation of customary international law?
Morrison v. National Australia Bank (2010) Facts
An Australian Bank bought a Floridian mortgage servicer. They misrepresented and overestimated the payback rates to increase profit projections. They changed the projections after plaintiffs bought securities of the bank.
