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):||16 February 2012|
|PDF File Size:||15.93 Mb|
|ePub File Size:||20.45 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Furundzija judgement then considered a definition of rape in international criminal law. As to individual 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 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.
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. He deserted the French Army in to join the National The accused was arrested on 18 December by members of the multinational stabilisation force SFORacting on a warrant for arrest issued by the International Tribunal.
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 This judgement is the third to be rendered after trial by the International Criminal Tribunal for the former Yugoslavia ICTYand marks the sixth time that sentences have been handed down.
The wars mostly ended after peace accords were signed, and new republics were given full international recognition of their statehood. The Tribunal has concurrent jurisdiction with furunzdija courts.
Anto Furundzija – TRIAL International
Since its creation, the ICTY has indicted more than people, including heads of states and government members. 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.
Not an official document.
She was detained and interrogated about a list of Croatian names and the activities of her sons. This community, then republic, defined itself cade a separate or distinct entity within the territory of Bosnia-Herzegovina. Anto Furundzija found guilty on both charges and sentenced to 10 years in prison. They have jurisdiction over those responsible for genocide, war crimes and crimes against humanity.
The Prosecutor v. Anto Furundžija
It also noted, 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.
He held this position until Octavien Ngenzi 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 The Tribunal was called to finish its work by the end ofin order to prepare closure and transfer of cases to the Residual Mechanism.
Following a motion filed by the Defence, the Trial Chamber ordered that the proceedings be reopened.
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. Furundzija is entitled to credit for time spent in custody pending surrender to the Tribunal and time spent in detention pending trial or appeal. During the interrogation, she fjrundzija maintained in a state of forced nudity and obliged to submit to several sexual attacks: After outlining some previous treaties such as the Leiber Code, the Tribunal held that the prohibition against torture is fhrundzija general rule of international law.
The period in preventative detention was deducted from the prison sentence. 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 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 furundsija, genocide and crimes against humanity — allegedly committed in the territory of the former Furundzijq after 1 Januaryno end date was specified.
He received training at the Fr 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. The sentences were set to be served concurrently. Its seat is in Belgrade, Serbia.
Tito Barahira, was a mayor of Kabarondo Commune in Rwanda from to It furundzika 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 Ricardo Miguel Cavallo was born on 29 september The Chamber found that there furundzuja general consensus amongst the systems that rape was the forcible sexual penetration of the human body by the penis or the forcible insertion of any other object into either the vagina or the anus.
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.
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 later date. 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. Skip to main content.