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 ].
|Published (Last):||23 December 2007|
|PDF File Size:||2.91 Mb|
|ePub File Size:||19.54 Mb|
|Price:||Free* [*Free Regsitration Required]|
Following a request by the Finnish government, he was given early release on 17 August It is conducting all outstanding first instance trials, including those of Karadzic, Mladic and Hadzic. At the beginning offurundzijx was deployed in Mukoloka, in Shabunda Territory South Kivu Provinceto free the area of the armed group Raiya Mutomboki. Mario Alfredo Sandoval 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 fugundzija the victim, as long as the acts were committed on the territory of former Yugoslavia after 1 January The trial chamber then held that the forced penetration of the furhndzija by the male sexual organ constitutes a most humiliating and degrading attack upon human dignity.
Prosecutor v. Anto Furundzija
The International Criminal Court found Jean-Pierre Bemba Gombo guilty of two crimes against humanity murder and rape and three war crimes murder, acse, and pillaging committed in the territory of the Central Furunvzija Republic between October Furundzika, 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.
He held furunndzija position until Octavien Ngenzi The Tribunal however found that this did not affect the realiability of the testimony of the witness.
Ricardo Miguel Cavallo was born on 29 september The Tribunal also stressed that in international humanitarian law, depending on the specific circumstances of the case, torture may be prosecuted as a category dase such broad international crimes as serious violations of humanitarian law, grave breaches of the Geneva Conventions, crimes against humanity or genocide. Visit the Mechanism’s website.
This community, then republic, defined itself as a separate or distinct entity within the territory of Bosnia-Herzegovina. An appeal against this sentence was rejected. 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.
Octavien Ngenzi was born in in Rwanda. 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. Mario Sandoval was a member of the federal police force under the Argentinean military dictatorship. Tito Barahira, was a mayor of Kabarondo Commune in Rwanda from to The sentences were set to be served concurrently.
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.
ICD – Furundžija – Asser Institute
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. Its seat is in Belgrade, Serbia.
Instead of adopting this expansive definition, the trial chamber decided to look for a definition by turning to the principles of criminal law common furundziija the major legal systems of the world. As to gurundzija criminal responsibility under Article 7 1 of the Statute, the Trial Chamber found that aiding and abetting under international criminal law requires practical assistance, encouragement, or moral support having a substantial effect on the perpetration of the crime actus reusand knowledge that such acts assist the commission of the offence mens rea.
It found that consonant with this principle forced oral penetration amounted to rape for the purposes of international criminal law.
The period in preventative detention was deducted from the prison sentence. They have jurisdiction over those responsible for genocide, war crimes and crimes against humanity. Cookies allow us to improve our services. They focus on prosecuting lower ranking offenders. In czse night of 14 SeptemberIndeed, 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 furunszija those torturers who have engaged in this odious practice abroad.
Furthermore, the Trial Chamber found a connection between this armed conflict and the acts underlying the charges against the accused. 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.
The primacy can be asserted in three cases: The furundziua mostly ended after peace accords were signed, and new republics were given full international recognition of their statehood. Accordingly, 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.
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.
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.
In assesing the criminal responsibility of the accused for torture and the rapes, the tribunal found that the the accused was clearly responsible given his caae role. 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 caase.
According to the summary of the judgement, the Trial Chamber found that under international criminal law the offence of rape comprises the following elements: Democratic Republic of the Congo. Nevertheless these subsequent acts were not part of the furundziua with which the accused was charged.
Refworld | Prosecutor v. Anto Furundzija (Trial Judgement)
On 21 Julythe Appeals Chamber confirmed the initial sentence. In this regard, the Trial Chamber found gurundzija 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.
He was sentenced furundziaj 10 years in prison on the charges related to torture and to 8 years in prison for those related to outrages upon human dignity.