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Prosecutor v. Furundžija

International Criminal Tribunal for the Former Yugoslavia Trial Chamber II..  10 December 1998 ; 21 July 2000 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International criminal law — Torture — Definition — Torture committed during armed conflict — Whether prohibition of torture a rule of jus cogens — Torture as a crime against humanity — United Nations Convention against Torture, 1984 — Rape and sexual assaults as forms of torture — Use of rape and sexual assault in interrogation — Liability of co-perpetrator and accomplice — Sentence

International criminal law — War crimes — Crimes against humanity — Definition — Requirement of armed conflict — Nexus to armed conflict — Relationship between war crimes and crimes against humanity

International criminal law — Individual responsibility — Co-perpetrator — Accomplice — Requirements for accomplice liability

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Procedure — Sentencing — Appeals — Judges — Impartiality

Human rights — Fair trial — Right to hearing before independent and impartial tribunal — Principle that no man should be judge in his own cause — Scope and application — Judge having been member of United Nations Commission on the Status of Women — Commission condemning practice of rape and sexual assault in conflicts in the former Yugoslavia — Whether judge disqualified from hearing case involving allegations of rape and sexual assault in Bosnia

War and armed conflict — Armed conflict — Definition — Conflict between Bosnian Croats and Bosnian Moslems — Status — War crimes — Grave breaches of the Geneva Conventions

Type
Case Report
Copyright
© Cambridge University Press 2002

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