TABLE OF CONTENTS
A.
The International Tribunal
B. Procedural
Background
C.
The Amended Indictment
II. THE SUBMISSIONS OF THE PARTIES
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
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
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
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
(i) Introduction
(ii) Nature of Assistance
(iii)
Effect of Assistance on the Act of the Principal
(b) International Instruments
(c) Conclusion
(a) International Case Law
(b) International Instruments
(c) Conclusions
E. How to Distinguish Perpetration of Torture from Aiding and Abetting Torture
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
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