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Yvonne McDermott
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Foča, Prosecutor v Kunarac (Dragoljub) and ors, Judgment, Case no IT-96-23-T, Case no IT-96-23/1-T, ICL 103 (ICTY 2001), 22nd February 2001, United Nations Security Council [UNSC]; International Criminal Tribunal for the former Yugoslavia [ICTY]; Trial Chamber II [ICTY]

Date:
22 February 2001
Citation(s):
Case no IT-96-23-T (Official Case No)
Case no IT-96-23/1-T (Official Case No)
ICL 103 (ICTY 2001) (OUP reference)
Content type:
International court decisions
Product:
Oxford Reports on International Law [ORIL]

Module:
International Criminal Law [ICL]
Jurisdiction:
United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]; Trial Chamber II [ICTY]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 January 2025

Whether the definition of ‘torture’ under international humanitarian law comprised of the same elements as the definition of torture under international human rights law.

What the elements of enslavement as a crime against humanity were.

What the elements of rape as a crime against humanity and war crime were.

Under what circumstances an accused could be cumulatively charged, convicted, and sentenced for distinct crimes emanating from the same conduct.

To what extent could the conduct of the accused outside of that charged in the indictment be taken into account as aggravating factors in sentencing.

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