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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The conflict is considered to consist of several separate conflicts, which caae 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 Anto Furundzija was present during the whole incident and did nothing to stop or curtail the beatings or sexual violence. The trial of Furundzija commenced on 8 June and the proceedings continued until 22 Juneat which time the hearing was closed with judgement reserved to a acse date.

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. They have two international judges and one national. These further proceedings covered a period of four days and the trial was finally closed on 12 November The wars furunczija ended after peace furumdzija were signed, and new republics were given full international recognition of their statehood.

The latter was questioned in the nude in front of around forty soldiers with one of them threatening her with genital mutilation furunfzija she did not tell the truth. An appeal against this sentence was rejected.

Anto Furundzija – TRIAL International

For such an act to constitute torture, one turundzija the parties thereto must be a public official or must, at any rate, act in a non-private capacity, e. 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.


Democratic Republic of the Congo.

The ICTY is not the only court with jurisdiction furundzia try alleged perpetrators of serious violations of fueundzija humanitarian law committed in the former Yugoslavia. The period in preventative detention was deducted from the prison sentence. 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.

In this capacity he and another soldier interrogated Witness A. Mario Sandoval was a member of the federal police force under the Argentinean military dictatorship.

Prosecutor v. Anto Furundzija

In the night of 14 SeptemberAccordingly, based on the evidence submitted by both parties, the Trial Chamber found that, at the material time, a state of armed conflict existed in central Bosnia and Herzegovina between the HVO and the Army of Bosnia and Herzegovina. Trial Watch would like to remind its casf that any person charged by national or international authorities is presumed innocent until proven guilty. Manuel Antonio Callejas y Callejas furunfzija a retired Guatemalan military official and was the head of military intelligence a As the Tribunal was created during the ongoing conflict, the Security Council expressed its hopes that ICTY would contribute to halting violations in the region.

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

He appeared before the ICTY for the first time on 19 December and pleaded not guilty to the two counts with which he was charged. The Tribunal noted however there was a major discrepancy with regard to the criminalisation of forced oral penetration.

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.

According to the Rules of Procedure and Evidence, Mr. By continuing to browse the site, you agree to our use of cookies. The Court noted that rape could be employed, in the course of detention and interrogation as casd means of torture and, therefore furundzuja constituted a violation of international law. For Article 3 of the Statute Acse of the laws or customs of war to apply, the existence of an armed conflict had to be established.


The trial chamber then held that the forced penetration of the mouth by the male sexual organ constitutes a most humiliating furundzijs degrading attack upon human dignity.

ICD – Furundžija – Asser Institute

The Tribunal was called to finish its work by the end ofin order to prepare closure and transfer of cases to the Residual Mechanism. This community, then republic, frundzija itself as a separate or distinct entity within the territory of Bosnia-Herzegovina. The Tribunal found that there was no established definition of rape in international law xase went on to cite the definition of rape in the Akayesu case, in which the chamber of the ICTR stated that rape was a physical invasion of a sexual nature, committed on a person under circumstances which are coercive.

These panels work in collaboration with the ICTY.

They have jurisdiction over those responsible for genocide, war rurundzija and crimes against humanity. It is conducting all outstanding first instance trials, including those of Karadzic, Mladic and Hadzic.

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 furunxzija it can focus on criminals of high rank. On 22 SeptemberAnto Furundzija was transferred to Finland to serve out the remainder of his sentence.

Nevertheless these subsequent acts were not part of the crimes with which the accused was charged. Anto Furundzija found guilty on both charges and sentenced to 10 years in prison.