Sassi and Ors, Cassation Appeal, Pourvoi No 03-84652; ILDC 776 (FR 2005) Bulletin Criminel 2005 No 1, 4 January 2005
Oxford Reports on International Law in Domestic Courts Sassi and ors, Cassation appeal, Pourvoi No 03-84652; ILDC 776 (FR 2005) Bulletin Criminel 2005 No 1, 4 January 2005 Parties: Nizar Sassi, Sassi Sassi, Khedija Sassi-Makhlouf, Mourad Benchellali, Chelali Benchellali, Hafsa Abderrhamani Date of Decision: 04 January 2005 Jurisdiction/Arbitral Institution/ France, Court of Cassation, Criminal Chamber Court: Judges/Arbitrators: Cotte (President); Vallat (Reporting Judge); Joly; Le Gall; Chanet; Anzani; Pelletier; Ponroy; Arnould; Koering-Joulin; Beyer; Corneloup; Pometan; Guirimand; Sassoust; Caron; Guihal; Lemoine; Ménotti Procedural Stage: Cassation appeal OUP Reference: ILDC 776 (FR 2005) Subject(s): Human rights – International humanitarian law – Relationship between international and domestic law Keyword(s): Combatants, lawful – Combatants, unlawful – Detention – Duty to investigate – Human rights, civil and political rights – Immunity from jurisdiction, states – International law and domestic law, direct effect – International organizations, resolutions – Jurisdiction of states, passive personality principle – Prisoners of war – Terrorism – UN Security Council Core Issue(s) 1. Whether French pre-trial chambers had jurisdiction to authorize investigation of a claim of French citizens held at Guantanamo Bay relating to their capture in a context of hostilities and their detention by a foreign state. Facts F1 In September 2001, the Security Council of the United Nations by Resolution 1368, UN Doc S/RES/1368, UN Security Council, 12 September 2001 and Resolution 1373, UN Doc S/RES/1373, UN Security Council, 28 September 2001, created an obligation for all states to fight terrorism and recalled the inherent right of self-defence for state victims of terrorism. In October 2001, the United States armed forces took position in Afghanistan.
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