The Prosecutor v. Anto Furundžija

Court	International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Case number	IT-95-17/1-T
Decision title	Judgment
Decision date	10 December 1998
Parties	The Prosecutor Anto Furundžija
Categories	War crimes
Keywords	aiding and abetting, co-perpetrator, Lašva Valley, outrages upon personal dignity, rape, torture, violations of the laws or customs of war
Links	Judgment
Other countries involved	Bosnia and Herzegovina

Summary

Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” in Nadioci (Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering.

Trial Chamber II was satisfied that the elements of the war crime of torture have been fulfilled and it found Furundžija guilty of this crime as a co-perpetrator. Furthermore, Furundžija was also found guilty of aiding and abetting the war crime of outrages upon personal dignity, including rape. Although Furundžija did not personally commit the crime, his presence and actions aided and abetted the commission of rape.

Furundžija was sentenced to 10 years of imprisonment.

Procedural history

The amended indictment was filed on 2 June 1998. The trial commenced on 8 June 1998, and closing arguments were heard on 22 June 1998.

Related developments

On 22 December 1998, the Defence filed a notice of appeal against the judgment rendered by Trial Chamber II.

The appeal hearing took place on 2 March 2000. The Appeals Chamber rendered its judgment on 21 July 2000, affirming the sentence of 10 years’ imprisonment imposed by Trial Chamber II.

On 22 September 2000, Anto Furundžija was transferred to Finland to serve his sentence. Furundžija was granted early release on 29 July 2004, effective from 17 August 2004.

See also ICTY, 'Zlatko Aleksovski and Anto Furundzija Transferred to Finland to Serve Sentences', Press Release, 25 September 2000; and ICTY, 'Anto Furundzija Granted Early Release', Press Release, 30 July 2004.

Legally relevant facts

Anto Furundžija was the commander of the “Jokers”, a special unit within the Croatian Defence Council (HVO). As such, he was actively involved in the hostilities against the Muslim population in the Lašva Valley area (in Bosnia and Herzegovina), including the attack on the village of Ahmići (Bosnia and Herzegovina), where he personally participated in expelling Muslims from their homes in furtherance of the armed conflict. The events giving rise to the case against Furundžija have occurred at the “Jokers’” headquarters, a holiday cottage in Nadioci, (Bosnia and Herzegovina) in May 1993. During this time, Furundžija captured and interrogated women with the intention to obtain information which he believed would benefit the HVO. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering. (para. 66 et seq.)

Core legal questions

Have the elements of the charged crimes been fulfilled?
If so, can Anto Furundžija be held liable for these crimes?

Specific legal rules and provisions

Articles 3 and 7(1) of the ICTY Statute.

Court's holding and analysis

Trial Chamber II found that “the elements of torture have been met” (para. 268). Subsequently, Trial Chamber II found Furundžija “as a co-perpetrator, guilty of a Violation of the Laws or Customs of War (torture).” (para. 269)

Furthermore, Trial Chamber II was satisfied that “all the elements of rape were met … [t]he Trial Chamber finds that Witness A suffered severe physical and mental pain, along with public humiliation, at the hands of Accused B in what amounted to outrages upon her personal dignity and sexual integrity” (para. 272). Although Furundžija “did not personally rape Witness A, nor can he be considered, under the circumstances of this case, to be a co-perpetrator” (para. 273), Trial Chamber II held that “the presence of the accused and his continued interrogation aided and abetted the crimes committed by Accused B. He is individually responsible for outrages upon personal dignity including rape, a violation of the laws or customs of war under Article 3 of the Statute” (para. 274).

Furundžija was sentenced to 10 years of imprisonment.