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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This woman was then taken to another room and confronted with a Bosnian Croat who had assisted her family in the past. The trial chamber then laid down the following objective elements of rape para. 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.
Following a motion filed by the Defence, the Trial Chamber ordered that the proceedings be reopened. The Tribunal has concurrent jurisdiction with national courts.
He deserted the French Army in to join the National 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 Indeed, it would be inconsistent on the one hand to prohibit torture to such an extent as to restrict the normally unfettered treaty making power of sovereign States, and on the other hand bar States from prosecuting and punishing those torturers who have engaged in this odious practice abroad.
These panels work in collaboration with the ICTY. According to the summary of the judgement, the Trial Chamber found that under international criminal law the offence of rape comprises the following elements: It was created to detect and prosecute perpetrators of criminal offenses against humanity and international law, and offences recognised by the ICTY Statute, regardless of the nationality, citizenship, race or religion of the perpetrator and the victim, as long as the acts were committed on the territory of former Yugoslavia after 1 January The Statute does not elaborate how the primacy is to be exercised, but it was asserted by the judges of the ICTY in the Rules of Procedure and Evidence.
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. He received training at the Fr The opening of the Special Chamber was on 9 March Outrages upon human dignity, including rape accomplice.
National courts also have jurisdiction to prosecute alleged perpetrators of serious violations of international humanitarian law. This community, then republic, cass itself as a separate or distinct entity within the territory of Bosnia-Herzegovina.
ICD – Furundžija – Asser Institute
He held this position until Octavien Ngenzi Its establishment was also considered necessary for effective war crimes prosecution in Bosnia. The chamber considered the standard in international criminal law of responsibility for aiding and abetting and found that the mens rea requirement is knowledge while, the actus reus consists of practical assistance, encouragement, or moral support which has a substantial effect on the perpetration of the crime.
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. 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 Prosecutor v. Anto Furundžija
In the night of 14 SeptemberFurthermore, 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. 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 caze serious offences, such as sexual or indecent assault.
The sentences were set to be served concurrently.
Related Content Trial Watch. Exclusively for the use of the media. Ricardo Miguel Cavallo It found that consonant with this principle forced oral penetration amounted to rape for the purposes of international criminal law.
She was subjected to multiple rapes, sexual assaults and physical furindzija while in their custody. The conflict is 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 Yugoslavia in Skip to main content.
The conflict in former Yugoslavia from toshocked furrundzija public opinion because of the abuses revealed by the furunfzija, which were committed by all parties to the conflict massacres, forced displacements of population, concentration camps ….