TABLE OF CONTENTS

I. INTRODUCTION

A. The International Tribunal
B. Procedural Background
C. The Amended Indictment

II. THE SUBMISSIONS OF THE PARTIES

A. The Prosecution

1. Factual Allegations
2. Legal Arguments

(a) The Individual Criminal Responsibility of the Accused
(b) Violations of Common Article 3 of the Geneva Conven tions of 1949 (torture)
(c) Violations of Additional Protocol II of 1977 (outra ges upon personal dignity including rape

B. The Defence

III. THE EXISTENCE OF AN ARMED CONFLICT

A. The Prosecution Case
B. The Defence Case
C. Factual Findings

IV. THE LINK BETWEEN THE ARMED CONFLICT AND THE ALLEGED FACTS

A. The Prosecution Case
B. The Defence Case
C. Factual Findings

V. THE EVENTS AT THE BUNGALOW AND THE HOLIDAY COTTAGE IN NADIOCI

A. Introduction
B. Background and Circumstances

1. Witness A
2. Witness D

C. Events in the Large Room
D. Events in the Pantry
E. The Re-opening of the Proceedings

1. Background and Reasons for Re-Opening the Proceedings
2. Summary of the Relevant Evidence
3. The Amicus Curiae Briefs
4. Findings

F. Inconsistencies in the Testimony of Witness A
G. The Evidence of Witness D and Witness E
H. Factual Findings

1. The Arrest
2. In the Large Room
3. In the Pantry

VI. THE LAW

A. Article 3 of the Statute (Violations of the Laws or Customs of War)
B. Torture in International Law

1. International Humanitarian Law
2. International Human Rights Law
3. Main Features of the Prohibition Against Torture in International Law

(a) The Prohibition Even Covers Potential Breaches
(b) The Prohibition Imposes Obligations Erga Omnes
(c) The Prohibition Has Acquired the Status of Jus Cogens

4. Torture Under Article 3 of the Statute
5. The Definition of Torture

C. Rape and Other Serious Sexual Assaults in International Law

1. International Humanitarian Law
2. International Human Rights Law
3. Rape Under the Statute
4. The Definition of Rape
5. Individual Criminal Responsibility

D. Aiding and Abetting

1.Introduction
2.Actus Reus

(a) International Case Law

(i) Introduction
(ii) Nature of Assistance
(iii) Effect of Assistance on the Act of the Principal

(b) International Instruments
(c) Conclusion

3.Mens Rea

(a) International Case Law
(b) International Instruments
(c) Conclusions

E. How to Distinguish Perpetration of Torture from Aiding and Abetting Torture

VII. LEGAL FINDINGS

A. Relevant Criteria

1. Applicability of Article 3 of the Statute
2. The Elements of Torture
3. The Elements of Rape

B. Status of Those Involved
C. The Amended Indictment

1. Count 13: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (torture) recognised by Article 3 of the Statute
2. Count 14: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (outrages upon personal dignity including rape) recognised by Article 3 of the Statute

VIII. SENTENCING

A. Introduction
B. Sentencing Guidelines
C. Submissions of the Parties
D. Aggravating Circumstances
E. Mitigating Circumstances
F. The General Practice in the Courts of the Former Yugoslavia
G. Sentencing Policy of the Chamber
H. The Sentence to be Imposed for a Multiple Conviction

IX. DISPOSITION

A. Credit for Time Served
B. Enforcement of Sentences

ANNEX A- Amended Indictment