Furundzija Judgment and Its Continued Vitality in International Law, The

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Marzen, Chad G.

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2010

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43

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INTRODUCTION|In the Roman Catholic tradition, the Mass community recites Confiteor, in which the Mass community generally acknowledges an individual's faults and pleas to Mary, the angels, saints, and others in the community to pray to God for that individual's forgiveness. One significant line of the Confiteor acknowledges faults "in what I have done, and in what I have failed to do." The Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia's ("Yugoslavia Tribunal") landmark judgment in the Prosecutor v. Furundzija case not only ultimately addressed faults of what Anto Furundzija actually physically committed during a torture-filled interrogation in the Larva Valley in Bosnia-Herzogovina in May 1993. The decision also addressed faults of what Furundzija failed to do as a military commander of a unit whose soldiers raped a Muslim woman and beat her Croatian friend in his presence while he continued his interrogating. The Furundzija decision not only declared several significant holdings in the Yugoslavia Tribunal's jurisprudence, but expanded...

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43 Creighton L. Rev. 505 (2009-2010)

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Creighton University School of Law

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