ICTY - Prosecutor v. Anto Furundzija - Judgment (Trial Judgement) - IT-95-17/1

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

10/12/1998

Note – Notes:

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.

Norme penali italiane rilevanti – Relevant italian rules:

art. 3 ICTY Statute

Parole chiave – Keywords:

Giurisdizione - Jurisdiction, Obbligo di Incriminazione Implicito - Implicit Criminalization Obligation, Tortura - Torture, Trattato - Treaty, Tribunale Penale per l'Ex-Iugoslavia - International Tribunal For The Former Yugoslavia