Case number, IT/1-T. Decision title, Judgment. Decision date, 10 December Parties. The Prosecutor; Anto Furundžija. Categories, War crimes. Trial Chamber II found Furundžija guilty of torture and outrages upon personal The events giving rise to the case against Furundžija have occurred at the. Anto Furundzija (Trial Judgement) , available at: cases,ICTY, [accessed 27 December ].
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In the night of 14 SeptemberThese panels work in collaboration with the ICTY. The Furundzija judgement then considered a definition of rape in international criminal law. The trial chamber furnudzija discussed the procedural history of the case and concluded that, under the Tadic testthere was a state of armed conflict between the relevant parties. The conflict is considered to consist of several separate conflicts, which were ethnic furunszija nature — the war in Sloveniathe war in Croatiathe war in Bosnia and Herzegovina and the war Kosovowhich also involved the NATO bombing of Yugoslavia in After outlining some previous treaties such as the Leiber Code, the Tribunal held that the prohibition against torture is a general rule of international law.
It found that although he had not perpetrated the rapes and sexual violence himself, he was party to it at all times, given that he and the soldier carried out different roles during the interrogation.
However, it takes precedence over them and may require the referral from the national court at any stage of the proceedings Article 9 of the ICTY Statute. According to the summary, as furundxija out in court, the Trial Chamber found the elements of furundzijx offence of torture to be as follows: As a result Anto Furundzija was given a total prison term of 10 years.
Cookies allow us to improve our services. Based on the above reasoning, the chamber found that the elements of torture had been met and found that the accused was a co-perpetrator of torture as a war crime count The latter was questioned in the nude in front of around forty soldiers with one of them threatening her with genital mutilation if she did not tell the truth.
In this capacity he and another soldier interrogated Witness A. It is merely an outline of the most significant legal aspects of the judgement and an overview of the findings reached by the Chamber. Mr Furundzija was a local commander of a special unit of military police of the Croatian Defence Council HVO known as the “Jokers”, in which capacity he, and another soldier, interrogated Witness A. He received training at the Fr Following a request by the Finnish government, he was given early release on 17 August The Court found that the crimes He deserted the French Army in to join the National Khaled Nezzar was born on 25 December in Seriana, Algeria.
The trial chamber then laid down the following objective elements of rape para.
The period in preventative detention was deducted from the prison sentence. Related Content Trial Watch. Torture in International Humanitarian law The Tribunal noted that the prohibition of torture was clearly provided for by the Geneva Conventions and its additional protocols.
On 21 Julythe Appeals Chamber confirmed furunrzija initial sentence.
Mario Alfredo Sandoval Following a motion filed by the Defence, the Trial Chamber ordered that the proceedings be reopened. He appeared before the ICTY for the first time on 19 Fuurndzija and pleaded not guilty to the two counts with which he was charged.
The primacy can be asserted in three cases: After spelling out the elements of torture in international humanitarian law, the Tribunal stated that one of the possible purposes of torture could also be the humilitation of the victim.
Rape and other serious sexual assaults in international humanitarian law The chamber noted that rape in time of war is specifically prohibited by various treaties: Furthermore, the Chamber is determined that an accused who, under this standard would be liable for aiding and abetting torture, is responsible as a co-perpetrator of torture, if he or she participates in an integral part of the torture and partakes of the prohibited purpose behind the torture, i.
For Article 3 of the Statute Violations of the laws or customs of war to apply, the existence of an armed conflict had to be established. The furundzij chamber then held that the forced penetration of the mouth by the male sexual organ constitutes a most humiliating and degrading attack upon human dignity.
The trial chamber was also satisfied that all the elements of rape were met and found that the accused inflicted outrages upon her personal dignity and sexual integrity, for the severe physical and mental pain, along with public humiliation. The First Trial Chamber judged that the crime of torture gave rise to the application of the principle of universal jurisdiction and thereby constituted a crime which in international law, was probably imprescriptible.
It has been held that international crimes being universally condemned wherever they casee, every State has the right to prosecute and punish the furundzika of such crimes. He was found guilty of aiding and abetting under Count 14 for the violation of the laws or customs of war outrages upon person dignity including rape.
During the interrogation, she was maintained in a state of forced nudity and obliged to submit to several sexual attacks: In this regard, the Trial Chamber found that the prohibition against torture has attained the status of jus cogenswhich can be defined as a peremptory norm of international law from which no derogation is permitted. It also noted that in human rights law, the protection of physical integrity protects against rape and sexual abuse.
ICD – Furundžija – Asser Institute
It found that there was a general trend in national legislation to broaden the definition of rape so that it now embraces acts which were previously classified as comparatively less serious offences, such as sexual or indecent assault. He was sentenced to 10 years in prison on the charges related to torture and to 8 years in prison for those related to outrages upon human dignity.
Manuel Antonio Callejas y Callejas is a retired Guatemalan military official and was the head of military intelligence a Furthermore, at the individual level, that is, that of criminal liability, it would seem that one of the consequences of the jus cogens character bestowed by the international community upon the prohibition of torture is that every State is entitled to investigate, prosecute and punish or extradite individuals accused of torture, who are present in a territory under its jurisdiction.
Furundzija is entitled to credit for time spent in custody pending surrender to the Tribunal and time spent in detention pending trial or appeal.
The judgement is a document of approximately pages, which this press release does not summarise. National courts also have jurisdiction to prosecute alleged perpetrators of serious violations of international humanitarian law.