FURUNDZIJA CASE PDF

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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Following a motion filed by the Defence, the Trial Chamber ordered that the proceedings be reopened. According to the summary of the judgement, the Trial Chamber found that under international criminal law the offence of rape furundija the following elements: The trial chamber first discussed the procedural history of the case and concluded that, under the Tadic testthere was a state of armed conflict between the relevant parties.

Anto Furundzija – TRIAL International

Accordingly, the Trial Chamber determined that 11 months and 22 days will be deducted from the sentence today imposed on Furundzija, together with such additional time as he may serve pending the determination of any final appeal. It is also to complete all appeals proceedings that were filed before 1 July Mario Alfredo Sandoval On 10 Decemberthe First Trial Chamber found Anto Furundzija guilty by way of his individual personal responsibility on two counts of violations of the laws or customs of war Art.

The Special Chamber for War Crimes has jurisdiction to prosecute the most serious alleged war crimes committed in Bosnia, and was created to relieve the ICTY, so that it can focus on criminals of high rank.

The Judgement of the Trial Chamber. The Furundzija judgement then considered a definition of rape in international criminal law. The trial 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.

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 Mechanism is a small and temporary body, which plays important role in ensuring that the completion strategy of ICTY does not result in impunity of fugitives and in injustice.

The Tribunal has concurrent jurisdiction with national courts. In the night of 14 SeptemberMario Sandoval was a member of the federal police force under the Argentinean military dictatorship.

ICD – Furundžija – Asser Institute

The Federal Criminal Court of Santiago del Estero convicted the perpetrators of crimes against the civilian population of Santiago del Estero Province between andmost of whom were high-ranking members of the Provincial Police. Nevertheless these subsequent acts were not part of the crimes with which the accused was charged.

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Accordingly, based on the evidence submitted by both parties, the Trial Chamber found that, at the material time, a state fufundzija armed conflict existed in central Bosnia and Herzegovina between the HVO and the Army of Bosnia and Herzegovina. Preliminary hearings were held from 19 December until the date of the instant hearing relating to protective measures for witnesses, testimonies and amendment of charges. Trial Caee would like to furunezija its users that any person charged by national or international authorities is presumed innocent until proven guilty.

The accused furthermore stood by, failing to intervene in any way, while the witness was forced to have oral, anal and vaginal sexual intercourse with the other soldier. 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. The decision is important as it recognises that rape is a form of torture under international criminal law and lays down a definition of rape, which explicitly includes forced oral penetration.

Instead of adopting this expansive definition, the trial chamber decided to look for a definition by turning to cqse principles of criminal law common to the major legal systems of the world.

During the questioning, Witness A had a knife rubbed against her inner thigh and lower stomach by the other soldier, who threatened to put his knife inside her vagina should she not tell the truth. The International Criminal Court found Jean-Pierre Bemba Gombo guilty of two crimes against humanity murder and rape and three war crimes murder, rape, and pillaging committed in the territory of the Central African Republic between October Democratic Republic of the Congo.

Prosecutor v. Anto Furundzija

For such an act to constitute torture, one of the parties thereto must be a public official or must, at any rate, act in a non-private capacity, e. Induring the Rwandan Genocide, Ngenzi was mayor of the Kabarondo dist It also furundzijw, that in addition to individual criminal liability, State responsibility may ensue as a result of State officials engaging in torture or failing to prevent torture or to punish torturers.

It also noted that in human rights law, the protection of physical integrity protects against rape and sexual abuse. The Tribunal however found that this did not affect the realiability of the testimony of the witness. Its seat is in Belgrade, Serbia. It would seem that other consequences include the fact that torture may not be covered by a statute of limitations, and must not be excluded from extradition under any political offence exemption. The Tribunal has jurisdiction to prosecute persons responsible for serious violations of international humanitarian law — grave breaches of Geneva Conventions, violations of laws and customs of war, genocide and crimes against humanity — allegedly committed in the territory of the former Yugoslavia after 1 Januaryno end date was specified.

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After outlining some previous treaties such as the Leiber Code, the Tribunal held that the prohibition against torture is a general rule of international furundziaj. Khaled Nezzar was born on 25 December in Seriana, Algeria. 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 vurundzija physical and mental pain, along with public humiliation.

Its establishment was also considered necessary for effective war crimes prosecution in Bosnia. It then went on to state that depending upon the circumstances, under international criminal law, rape may acquire the status of a crime distinct from torture.

The period in preventative acse was deducted from the prison sentence. By continuing to browse the site, you agree to our use of cookies.

Octavien Ngenzi was born in in Rwanda. Witness A, the victim was repeatedly raped in front of him, or fjrundzija he was just outside the door. Ricardo Miguel Cavallo was born on 29 september Furthermore, other sexual assaults are expressly or implicitly prohibited in various provisions of the same treaties.

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 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.

The conflict furudnzija considered to consist of several separate conflicts, which were ethnic in nature — the war in Sloveniathe war in Croatiathe war in Bosnia and Herzegovina and the war Kosovowhich also involved the NATO bombing of Furundzijja in