DignITA Database

DATA: 14/01/2000

STRUMENTI CORRELATI:

NOTE:

Ruling:

The Trial Chamber found several accused guilty for the crimes against humanity of persecution, murder, and other inhumane acts. The Trial Chamber found not guilty the accused for the other counts of CAH and WC. The Trial Chamber acquitted the accused Dragan Papic of all the charges and ordered his immediate release.

Reference to obligations of criminalization:

Human dignity – though the Martens Clause – has been relied upon by the Trial Chamber for (indirectly) supporting the following obligation to criminalise:
cumulative attacks on military objectives causing incidental damages to civilians (para. 526)
reprisals against civilians in combat zones but not in the hands of the adversary (para. 527)

Reference to human dignity:

Martens Clause: paras. 521-536.

DATA: 10/12/1998

STRUMENTI CORRELATI:

NOTE:

Ruling:

FOR THE FOREGOING REASONS, having considered all of the evidence and the arguments of the parties, the Statute and the Rules, the TRIAL CHAMBER finds, and imposes sentence, as follows:
With respect to the accused, ANTO FURUNDZIJA:
Count 13: GUILTY of a Violation of the Laws or Customs of War (torture).
For torture as a Violation of the Laws or Customs of War, the Trial
Chamber sentences Anto Furundzija to 10 years’ imprisonment.

Reference to obligations of criminalization:

Paragraph 156. 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.

Reference to human dignity:
Paragraph 162. […] As apparent from this enumeration of criteria, the Trial Chamber considers that among the possible purposes of torture one must also include that of humiliating the victim. This proposition is warranted by the general spirit of international humanitarian law: the primary purpose of this body of law is to safeguard human dignity.
Paragraph 183. The Trial Chamber holds that the forced penetration of the mouth by the male sexual organ constitutes a most humiliating and degrading attack upon human dignity.