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 community, then republic, defined itself as a separate or distinct entity within the territory of Bosnia-Herzegovina. 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.
This woman was then taken to another room and confronted with a Bosnian Croat who had assisted her family in the past.
The man had been badly beaten beforehand. Whilst Anto Furundzija continued to interrogate his two victims, a soldier was beating the man on the toes with a truncheon.
Anto Furundzija was present during the whole incident and did nothing to stop or curtail the beatings or sexual violence.
Nevertheless these subsequent acts were not part of the crimes with which the accused was charged. 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. 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.
Outrages upon human dignity, including rape accomplice. He was sentenced to 10 years in prison on the charges related to torture and to 8 years in prison for those related to outrages upon human dignity. The sentences were set to be served concurrently. As a result Anto Furundzija was given a total prison term of 10 years. An appeal against this sentence was rejected.
On 21 Julythe Appeals Chamber confirmed the initial sentence. The period in preventative detention was deducted from the prison sentence. On 22 SeptemberAnto Furundzija was transferred to Finland to serve out the remainder of his sentence.
The First Trial Chamber judged that the crime of torture gave rise to the application of the principle of universal jurisdiction and thereby constituted a crime which in international law, was probably imprescriptible. 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.
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. It has been held that international crimes being universally condemned wherever they occur, every State has the right to prosecute and punish the authors of such crimes.
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 conflict in former Yugoslavia from toshocked international public opinion because of the abuses revealed by the press, which were committed by all parties to the conflict massacres, forced displacements of population, concentration camps ….
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 The conflicts accompanied the break-up of Yugoslavia, when the constituent republics declared their independence. The wars mostly ended after peace accords were signed, and new republics were given full international recognition of their statehood.
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. Its headquarters are in The Hague, Netherlands. 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.
Since its creation, the ICTY has indicted more than people, including heads of states and government members. The Tribunal was called to finish its work by the end ofin order to prepare closure and transfer of cases to the Residual Mechanism. 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.
It is conducting all outstanding first instance trials, including those of Karadzic, Mladic and Hadzic. It is also to complete all appeals proceedings that were filed before 1 July The ICTY is not the only court with jurisdiction to try alleged perpetrators of serious violations of international humanitarian law committed in the former Yugoslavia.
The Tribunal has concurrent jurisdiction with national courts.
Furundžija (IT/1) | International Criminal Tribunal for the former Yugoslavia
However, it takes precedence over them and may require furundxija referral from the national court at any stage of the proceedings Article 9 of the ICTY Statute. 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.
The primacy can be asserted in three cases: National courts also have jurisdiction to prosecute alleged perpetrators of serious violations of international humanitarian law.
In the former Yugoslavia, the trials of those accused of war crimes have been opened by the courts of Bosnia and Herzegovina. The Special Chamber for War Crimes fase 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.
Its establishment was also considered necessary for effective war crimes prosecution in Bosnia. The opening of the Special Chamber was on 9 March They have two international judges and one national. These panels work in collaboration with the ICTY. They have jurisdiction over those responsible for genocide, war crimes and crimes against humanity.
They focus on prosecuting lower ranking offenders. 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 Its seat is in Belgrade, Serbia.
Other relevant national jurisdictions are under the principle of universal jurisdiction, which allows states with a specific legal basis, to try perpetrators of serious crimes regardless of their nationality or that of the victims and regardless of where the crime was committed.
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