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The Furundzija Judgment And Its Continued Vitality In International Law, Chad G. Marzen

Chad G. Marzen

The Furundzija decision of the International Criminal Tribunal for the Former Yugoslavia stands as a landmark decision in international jurisprudence since it not only affirmed that the norm prohibiting torture has attained jus cogens status under international law, but expanded accountability and liability for violations of commission as well as omission. In this essay, I not only address Furundzija’s holdings and its implications in the international sphere, but specifically analyze the legacy of the Furundzija judgment on U.S. domestic civil cases involving the Alien Tort Statute.

Significantly, the Tribunal’s decision not only properly recognizes faults and crimes of commission, but …