A/HRC/8/14*
page 10
(f)
Transfer to national courts
18. On 17 May 2005, the ICTY transferred the case of Radovan Stankovic to the War
Crimes Chamber of the State Court of Bosnia and Herzegovina. Stankovic was the first ICTY
indictee whose case was transferred to a national court as part of the Tribunal’s completion
strategy under rule 11 bis of its Rules of Procedure and Evidence. On 14 November 2006, the
War Crimes Chamber sentenced Radovan Stankovic to 16 years’ imprisonment for crimes
against humanity, including rape, in violation of the Criminal Code of Bosnia and Herzegovina.
On 22 July 2005, the ICTY also transferred the case of Gojko Jankovic to the Bosnian courts.
On 16 February 2007, the Court of Bosnia and Herzegovina found the accused guilty of crimes
against humanity and sentenced him to 34 years’ imprisonment. On 12 April 2006, the ICTY
transferred Paško Ljubičić to Bosnian courts. On 29 April 2008, following the acceptance of a
plea agreement by the Bosnian Prosecutor’s office, the Court found Paško Ljubičić guilty of war
crimes against civilians and sentenced him to 10 years’ imprisonment. Finally,
on 4 September 2006, the ICTY Appeals Chamber confirmed the referral of Savo Todović to
the Court of Bosnia and Herzegovina. On 28 February 2008, the Bosnian Trial Panel found
Savo Todović guilty of crimes against humanity. He was sentenced to twelve and a half years’
imprisonment.
2. International Criminal Tribunal for Rwanda
19. In the case of The Prosecutor v. Tharcisse Muvunyi, the Trial Chamber of the International
Criminal Tribunal for Rwanda (ICTR) elaborated on the various forms of participation in or
contribution to the commission of a crime by others, pursuant to article 6 (1) of the Statute of the
ICTR, consistent with ICTR jurisprudence.25 The Trial Chamber further reaffirmed the reasoning
in Akayesu regarding the constituent elements of the crime of genocide.26
20. Further, the Trial Chamber in Muvunyi considered the requisite elements of rape as a crime
against humanity by making reference to the “chequered history of the definition of rape” in the
jurisprudence of the ad hoc Tribunals. The Trial Chamber concluded that previous decisions
were not incompatible and reflected the “objective of protecting individual sexual autonomy”.27
3. International Court of Justice
21. The International Court of Justice (ICJ), in its decision of 26 February 2007 concerning the
Application of the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro), provided further clarification concerning
the application scope of the Genocide Convention. The ICJ, based on the ICTY and ICTR
25
Case No. ICTR-00-55A-T, paras. 462 et seq.
26
Ibid., paras. 481 et seq.
27
Ibid., para. 522.
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