Prosecutor v Furundžija
The prohibition of torture is a peremptory norm of international law, jus cogens, from which no derogation is permitted, and rape in the course of interrogation can amount to torture.
Facts
Anto Furundžija was a local commander of a Bosnian Croat military police unit. He was charged with war crimes in connection with the interrogation of a Bosnian Muslim woman, during which she was repeatedly raped and sexually assaulted by another soldier, in his presence, while he questioned her.
Legal principle
The Trial Chamber convicted Furundžija of torture and outrages upon personal dignity, including rape, as violations of the laws or customs of war. The tribunal held that, because of the importance of the values it protects, the prohibition of torture has evolved into a peremptory norm or jus cogens, that is, a norm that enjoys a higher rank in the international hierarchy than treaty law and even ordinary customary rules. One consequence was that states could not derogate from it by treaty or otherwise, and that every state was entitled to investigate, prosecute and punish or extradite individuals accused of torture. The rape of a woman in the course of interrogation, to obtain information or humiliate her, amounted to torture. The judgment was cited by the House of Lords in Pinochet (No 3).
Related cases on use of force, armed conflict and international criminal law
- Al-Jedda v United Kingdom (2011) 53 EHRR 23
- Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation) (2022) ICJ Reports 211
- Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) (2005) ICJ Reports 168
- Hassan v United Kingdom (2016) 61 EHRR 18
- Legality of the Threat or Use of Nuclear Weapons (1996) ICJ Reports 226
- Oil Platforms (Iran v United States) (2003) ICJ Reports 161
- Prosecutor v Akayesu Case No ICTR-96-4-T (1998)
- Prosecutor v Lubanga Dyilo Case No ICC-01/04-01/06 (2012)
Studying public international law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
