Full opinion text
ORDER SHOOB, Senior District Judge. I. Introduction .1329 II. Background.1329 III. Defendant Nikola Vuckovic.1331 IV. The Plaintiffs’ Ordeals.1332 A. Kemal Mehinovic.1332 B. Muhamed Bicic.1334 C. Safet Hadzialijagic.1336 D. Hasan Subasic .1338 V. ’’Ethnic Cleansing” — -The Context of Defendant’s Actions.1340 VI. Jurisdiction.1343 VII. Plaintiffs’ATCA and TVPA Claims .1343 A. Torture .1344 1. ATCA.•.1344 2. TVPA.1347 B. Cruel, Inhuman, or Degrading Treatment.1347 C. Arbitrary Detention.1349 D. War Crimes.1360 1. Common Article 3. 1360 2. Grave Breaches.1361 E. Crimes Against Humanity.1362 F. Genocide.1364 VIII. Liability for Aiding and Abetting.1355 IX. Municipal Law Claims.1357 A. Assault and Battery.1357 B. False Imprisonment .1357 C. Intentional Infliction of Emotional Distress .1357 D. Conspiracy .1358 X.Damages. 1358 A. Compensatory Damages 1358 B. Punitive Damages. 1359 XI. Conclusion. .1360 I. Introduction This is an action for torture, cruel, inhuman or degrading treatment, arbitrary detention, war crimes, crimes against humanity, genocide, and municipal torts brought by four refugees from Bosnia-Herzegovina against Georgia resident Nikola Vuckovic, a former Bosnian Serb soldier. Plaintiffs allege that Vuckovic committed acts of brutality against them in detention facilities in Bosnia-Herzegovina (“Bosnia”) during the so-called “ethnic cleansing” campaign directed against Bosnia’s non-Serb population. Plaintiffs are each Bosnians of Muslim ethnic descent. Trial was specially set for October 22, 2001. When defendant Vuckovic failed to appear, the Court declared Vuckovic in default and struck his answer. The Court then conducted a one-and-a-half day bench trial on the merits. Witnesses included each of the four plaintiffs, the person who first recognized Vuckovic in the United States, and a former senior researcher for Human Rights Watch, Diane Paul, who testified as an expert witness. The Court also accepted the prepared direct testimony of Ms. Paul and physician Vincent James Iacopino, and documentary exhibits submitted in support of plaintiffs’ claims. Upon careful consideration of the evidence presented at trial and the entire record- in this matter, the Court finds that plaintiffs are entitled to a judgment against defendant for both compensatory and punitive damages as set forth in the findings of fact and conclusions of law below. FINDINGS OF FACT II. Background The events at issue in this case took place against the backdrop of the inter-ethnic conflict that engulfed the former nation of Yugoslavia in the early 1990s: 1. The modern Yugoslavian state was established in 1946 as a federation of six republics, Serbia, Croatia, Slovenia, Bosnia-Herzegovina (“Bosnia”), Montenegro, and Macedonia; and two autonomous provinces, Kosovo and Vojvodina. Generally, people from all of these regions share the same Slavic ethnic origin. (Prepared Testimony of Diane Paul [hereinafter “Paul P.T.”] ¶¶ 10-11). 2. At the same time, each of the republics consisted of groups with varying religious and cultural backgrounds. The northern republics of Slovenia and Croatia, due to their geographic location, had close ties to modern-day Austria and other western European powers under the influence of the Austro-Hungarian Empire. These areas, accordingly, became predominantly Catholic. The eastern republics of Serbia, Montenegro, and Macedonia, as well as Bosnia-Herzegovina and the province of Kosovo lived for many years under the rule of the Ottoman Empire. Under the Ottoman influence, many people in these areas adopted the Islamic faith. The population of Serbia, Montenegro, and Macedonia, however, remained primarily Christian Orthodox, based on ties to Russia and the influence of the Christian Orthodox church. (Paul P.T. ¶ 8). 3. Bosnia hosted the most ethnically diverse population of the six Yugoslav republics and was unique in that, unlike the other republics, it had no majority ethnic population. According to a 1991 census, approximately 44 percent of Bosnia’s population was Muslim, 31 percent Serb Orthodox Christians, or “Serbs,” and 17 percent Croatian Catholics, or “Croats.” 4. Overlaying this ethnic patchwork, each of the republics — including multi-eth-nic Bosnia — increasingly became home to an emerging “nationalist” identity. (Paul P.T. ¶¶ 10-24). 5. Though significant inter-ethnic atrocities were committed in this Balkan region during the Second World War, particularly by Croat groups against Serbs, Yugoslavia’s post-war Communist leader, Marshal Tito, managed to keep ethnic animosities and separatist nationalist movements under check. (Paul P.T. ¶¶ 10-11). In Bosnia, members of different ethnic and religious backgrounds appear generally to have coexisted peacefully, including in plaintiffs’ home town of Bosanski Samac, as plaintiffs testified. Members of each of the three major ethnic groups worked together, intermarried, and served together in government and the military. 6. The death of Tito in 1980 left a political void, particularly with the concurrent decline of the Soviet Union. Nationalist Serb leaders took advantage of this situation and launched a movement to create a “Greater Serbia” by uniting Serbs throughout the various Yugoslavian republics. Slobodan Milosevic, in 1989 the head of the League of Communists of Serbia, played a significant role in promoting and implementing this vision. (Paul P.T. ¶¶ 12-14). 7. Beginning with the June 1991 declaration of independence by Slovenia, followed months later by Croatia, several of the former republics began to “break away” from the Yugoslavian state. These efforts were met with attacks by the Yugoslavian armed forces (“JNA”), which increasingly came under Serbian control. (Paul P.T. ¶¶ 16-22). 8. In 1991, Bosnian Serb and Serbian military forces began preparing through a variety of measures for a takeover of territory within the Republic of Bosnia-Herzegovina. Each republic had been home to a network of weapons stockpiles under the control of “territorial defense” (“TO”) units. The TO units were civilian defense units under the control of the government of each republic. By the autumn of 1991, Serbian militias began appearing in Serbian-populated areas of Bosnia. Hoping to avoid a confrontation with the JNA, the Bosnian President Alija Izetbegovic allowed the “federal” army to confiscate weapons from Bosnian territorial defense units. These weapons went largely to the Serbian militias. JNA units that had been withdrawn from Croatia and Slovenia began openly distributing weapons to Serb militias. (Paul, Trial Transcript, Oct. 23, 2001 [hereinafter Tr. Vol. II], at 8:13— 9:13; 13:16 — 15:6; Paul P.T. ¶¶ 17, 22-23, 35). 9. On the political front, beginning in 1991, the principal Bosnian Serb political party began establishing so-called “Crisis Staffs” or “Crisis Committees” in Serb-populated municipalities. These committees began preparations for the takeover of power and for the subsequent implementation of plans to “ethnically cleanse” these areas of non-Serbs. In January 1992, a separatist assembly of Bosnian Serbs within the Bosnian Republic declined to become part of an independent multi-ethnic state, and declared an independent Serb republic, called the “Serbian Republic of Bosnia and Herzegovina” or “República Srpska.” (Paul, Tr. Vol. II at 7:15 — 17:12; Paul P.T. ¶¶ 28-34). 10. In March 1992, voters in Bosnia-Herzegovina approved a referendum on independence, though many Serbs, incited by Serb separatists, refused to participate. Using the international recognition of Bosnia’s independence as a pretext, Bosnian Serb and Serb forces invaded and began seizing control of territory throughout the former republic. On April 17, 1992, the JNA and Serb paramilitary forces from Bosnia and Serbia occupied the municipality of Bosanski Samac, near a Serb-controlled area of Croatia. This was one of the first areas to come under attack by these forces. In the first weeks of the war, pro-Serb forces had seized from 50-70 percent of the territory of Bosnia, particularly in the northern, eastern, and central areas of the former republic. (Paul P.T. ¶¶ 23-25). 11. Throughout these areas, Serb forces immediately began a campaign of terror against the Bosnian Muslim population, which included killings, rapes, detention, looting and destruction of property, forced displacement, forced labor, and other abuses. This campaign, which shocked the world’s conscience, has come to be known as “ethnic cleansing.” (Paul, Tr. Vol. II at 17:3 — 18:15; 19:13 — 23:8; Paul P.T. ¶¶ 26, 46-49). 12. The four plaintiffs in this ease each were detained without charge and subsequently tortured in ad hoc detention facilities in their home town of Bosanski Samac in northern Bosnia in the days and weeks following the Serb takeover of that area. III. Defendant Nikola Vuckovic 13. Defendant Vuckovic is an ethnic Serb from the former Yugoslavia who was residing in Georgia when this suit was filed. (Defendant’s First Amended Answer (“FAA”) ¶¶ 6-7). Vuckovic moved to Bosanski Samac with his wife, a Bosanski Samac native, some years prior to the events at issue in this case. (Id. ¶ 7; Trial Transcript, October 22, 2001 [hereinafter Tr. Vol. I] at 15:18 — 17:22). Prior to the takeover by Serb forces, Vuckovic began serving as a soldier in the Fourth Detachment (5th Battalion) of the 2nd Posavina Brigade of the Bosnian Serb Army, stationed in Bosanski Samac. (Plaintiffs’ First Amended Complaint ¶ 19; FAA ¶ 19). This brigade was a paramilitary arm of the Bosnian Serb army, and its arms and uniforms were supplied by the JNA. (Paul, Tr. Vol. II, at 38:19 — 39:19; Paul P.T. ¶ 48). 14. Plaintiffs each knew or were acquainted with Vuckovic from before the war through his own residence in Bosanski Samac, or through contact with his wife and sister. (See Part IV infra.) However, as the Serb “ethnic cleansing” campaign was launched, Vuckovic turned against the town’s non-Serb population. He beat plaintiffs and committed acts of cruelty and humiliation against them while they were detained at a police station and other detention facilities in Bosanski Samac. (Id.). 15. The Court is satisfied that the defendant named and served in this action is the person identified by plaintiffs as having committed these abuses against them. In stipulations of fact and in his First Amended Answer, Vuckovic admitted to facts establishing his identity as the person named by plaintiffs in this suit. Among other things, Vuckovic admitted that he was a soldier in the Fourth Detachment of the Bosnian Serb 2nd Posavi-na Brigade, that his wife’s name is Mersa-da, and that she is, ironically, herself a Bosnian Muslim. (FAA ¶¶ 6-8, 19; Facts Stipulated by the Parties, Pretrial Order, Attachment E). Plaintiffs identified Vuck-ovic at trial through photographs taken of him by an Atlanta newspaper for an article relating to this lawsuit, by past identifications, and by descriptions of his background consistent with each other and with Vuckovic’s own admissions. (Tr. Vol. I, at 17:28 — 19:18; 27:25 — 29:19; 52:7 — 58:3; 85:11-15). Vuckovic’s photo was further identified at trial by Kemal Halilovic, also a former Bosanski Samac resident, who had seen Vuckovic in an Atlanta suburb before this suit was initiated and alerted plaintiff Kemal Mehinovie that the person who had tortured Mehinovie in Bosnia was now here in the United States. (Id. at 97:19 — 102:6). IV. The Plaintiffs’ Ordeals 16. All four plaintiffs are Muslim citizens of Bosnia-Herzegovina from the town of Bosanski Samac in northern Bosnia. Each was living a normal life as a civilian when Serb military and paramilitary forces from Bosnia and elsewhere in the former Yugoslavia seized control of Bosanski Sa-mac and the surrounding area on April 17, 1992. Though none of the plaintiffs were combatants in the armed conflict erupting at the time in the former Yugoslavia, each was subsequently detained for prolonged periods without charge, under inhumane conditions, and subjected by defendant Vuckovic and others to severe beatings and other acts of cruelty and humiliation. A. Kemal Mehinovie 17. Plaintiff Kemal Mehinovie is 42 years old, and was born and raised in the town of Bosanski Samac. He is married and has two children. He currently resides in Salt Lake City, Utah. 18. Mehinovie initially worked as a baker at his father’s bakery in Bosanski Samac. In 1981, he opened a restaurant with his brother. He also worked full time as an inspector in a boiler company, working in his restaurant in the evenings. 19. Mehinovie had known defendant Vuckovic since the 1970s and had personal ties to him. Vuckovic was a frequent customer in Mehinovic’s father’s bakery, and Vuckovic’s brother-in-law worked in the bakery. Vuckovic’s sister visited the bakery almost every day. Vuckovic’s wife, Mersada, grew up a few blocks from Mehi-novic’s home, and Mehinovie had known her his entire life. 20. In the days after the Serb seizure of Bosanski Samac, Mehinovie was required to report to the Bosanski Samac police station and was required to perform forced labor, digging trenches at the front line for the Serbian forces. Mehinovie was issued a white strip of cloth by Serb police and required to wear it on his hand when moving about the town to identify himself as a non-Serb. 21. On May 27, 1992, Mehinovie was taken into custody at his home by two Serb policemen in military uniform. They had no arrest warrant and did not advise him that he was charged with any offense. The policemen beat him on the steps of his house and hit him with “brass knuckles.” Mehinovic was taken to the local police station. 22. When he arrived at the police station, Mehinovic saw defendant Vuckovic in the station, wearing the same uniform worn by the policemen that arrested him and other Serb soldiers and guards at the station. Defendant told Mehinovic that he would “see him later.” 23. Mehinovic was taken into an interrogation room at the police station and was interrogated by Stevan Todorovic, the newly-installed Bosnian Serb Chief of Police, and Todorovic’s bodyguards. Although Mehinovic was not involved in political activities, he had gone to school with the President of the local chapter of the leading Bosnian Muslim political party, known as the SDA, and Todorovic demanded information about the SDA and its leadership. Mehinovic was beaten with batons and then with a baseball bat. He was forced to spread his legs and was beaten on his genitals, being told, “You won’t be needing that anymore.” Mehino-vic estimated this interrogation and torture session lasted two or three hours. 24. That evening, defendant Vuckovic entered the interrogation room. Mehino-vic was lying on the floor as a result of the previous beatings. Vuckovic kicked him on the left side of his face, disfiguring Mehinovic’s face and causing him to be unable to eat for 10 days. Vuckovic also kicked him in the genitals and other parts of his body. As he carried out these beatings, Vuckovic used a derogatory term about Muslims and made remarks that Muslims were an “invented nation” and that they “don’t need to exist.” At one point, Vuckovic forced Mehinovic to lick his own blood from the walls while Vucko-vic and others stood laughing. That night Mehinovic was in constant fear that he Vuckovic would kill him. 25. Mehinovic was kept in the police interrogation room for several days. Vuckovic came to the interrogation room daily and specifically sought out Mehinovic for beatings. Particularly painful were beatings that Vuckovic inflicted on areas of Mehinovic’s body that were already injured from previous beatings. 26. During another interrogation session, Vuckovic watched while police chief Todorovic tortured Mehinovic by dislocating Mehinovic’s finger. Todorovic forced Mehinovic to place his hand on a table, palm up, and then hit Mehinovic’s hand with the butt of a rifle, dislocating his finger. Mehinovic nearly lost consciousness from the pain. Vuckovic stood laughing in the room with other guards while this was happening. Mehinovic’s hand was swollen for two to three months following the incident. 27. Mehinovic was later moved to a small room at the police station, approximately twenty-five square meters, that housed approximately thirty other people, all Muslims and Croats. He remained in that room at the police station for approximately three months. Each day he was fed just one slice of bread smeared with pork fat, which he was forced to eat although it was against his religious principles. He was given water just once a day. 28. Vuckovic also beat Mehinovic during his time in this cell. Vuckovic called for Mehinovic one day at the entrance of the room. As Mehinovic reached the entrance after passing through the group of other detainees, Vuckovic struck him hard on the back of the head with an object. Vuckovic continued to beat him with a baton and kicked him in the ribs with his boots. This beating caused Mehinovic to scream with pain. 29. As a result of the repeated beatings and threats of beatings, Mehinovic began to involuntarily shake in fear at the thought that his name would again be called for a beating. While in this cell, Mehinovic was forced to clean up blood from victims of other beatings in the hallway outside, and on one occasion he had to carry away the body of a fellow detainee who died following a beating. Having to face these horrors caused Mehinovic extreme fear that he too would be killed. 30. In or about August 1992, Mehinovic was transferred from the police station to a warehouse across the street that had been used as a munitions warehouse for the Bosnian territorial defense, or TO, units. Mehinovic remained in the TO warehouse, detained with some 180 other Muslim and Croat men, from August to November 1992. 31. Mehinovic also endured beatings while held at the TO warehouse. He was beaten with baseball bats, metal pipes, and chair legs. On some occasions, he was tied up and hung against windows during beatings. During others, he was forced to lie on his stomach on the floor and beaten on the soles of his feet. His torturers would then humiliate him and cause further pain by forcing Mehinovic, after suffering beatings to the soles of his feet, to stand up and run around in circles. 32. The prisoners at the TO warehouse were also subject to games of “Russian roulette.” In these games, prisoners were arranged in a circle, and a guard or soldier would spin his revolver on the floor. The guard or soldier would then shoot in the direction where it pointed. According to Mehinovic, Vuckovic liked to play this game and shot at Mehinovic on one occasion. Mehinovic was afraid he would be killed during the incident, but the bullet went above his head. Vuckovic said, “Look at that, he’s so lucky, the bullet wouldn’t hit him.” 33. Vuckovic also participated in beatings during which three guards would take a number of the detainees to a yard outside and force them to run in a circle. The guards would then swing wooden planks at them as they ran by. They would be hit so hard that one blow made them fall to the ground in so much pain they were unable to get up. Mehinovic was subject to these beatings and humiliations. 34. Mehinovic was transferred from the TO warehouse to a larger regional detention facility, or “concentration camp,” in November 1992. On December 6, 1994, after performing forced labor in various camps and facilities for more than two years, and more than two and a half years after first being detained in Bosanski Sa-mac, Mehinovic finally was released in a prisoner exchange in Sarajevo. 35. Mehinovic suffers from chronic and debilitating medical problems due to injuries received during his detention and abuse. He suffers from constant physical pain, and needs painkillers frequently. He suffers from anxiety, flashbacks, and nightmares and has difficulty sleeping. Mehinovic continues to suffer thinking about what happened to him during this ordeal and has been unable to work as a result of the continuing effects of the torture he endured. B. Muhamed Bide 36. Muhamed Bicic was born in Bosan-ski Samac on January 8, 1956, into one of the town’s prominent Muslim families. Bieic co-owned a pizzeria, a gaming parlor, and a clothing boutique, along with his brother and brother’s wife. 37. Bicic was also well acquainted with the defendant and his wife. Mrs. Vuckovic worked as an assistant cook in Bicic’s restaurant at one point in the 1980s. Vucko-vie’s sister, Nada, lived across from the Bicic’s pizzeria, and from time to time Bicic encountered Vuckovic and his wife when they visited Nada. Bicic exchanged greetings with them on these occasions. 38. Bicic was the first of the plaintiffs to be detained following the April 17, 1992, occupation of Bosanski Samac. The following day, several police and soldiers broke into Bicic’s home, beat him and his brother, and took them to the local police station. The policemen and soldiers did not present any arrest warrant. 39. At the police station, soldiers and police repeatedly kicked and beat Bicic with a variety of objects, including batons, chair legs, and weapons. Later that evening, Bicic and a group of other Muslim and Croat men who also had been detained and beaten were taken across the street to a small room in the TO warehouse, where plaintiff Mehinovic was also later held. 40. Bicic was placed in the small room in the warehouse with as many as 50 other Muslim and Croat men from Bosanski Sa-mac. Each day, members of the Serb paramilitary forces subjected the detainees to sadistic beatings with batons, chair legs, boots, and weapons, often in front of the other detainees. On one occasion, a detainee was beaten to death in front of Bicic and the other detainees. The victim’s head was split open and he was shot twice. 41. Bicic and his brother in particular were singled out for beatings because of their wealth and position in the community. Bicic was often beaten until he lost consciousness. The soldiers carrying out the beatings demanded gold and money. On one occasion, soldiers broke the fingers of Bicic’s brother, while they beat and taunted Bicic, asking why he was not laughing while watching his brother being tortured. 42. Some 8-10 days after being detained at the TO warehouse, Bicic and the other detainees from the warehouse, including plaintiffs Subasic and Hadzialijagic, were transported in military trucks to detention facilities in military barracks in the outlying region, first in Brcko, then Bijeljina. 43. On March 13, 1992, the group was returned to Bosanski Samac and placed under guard in the gymnasium of the local elementary school. Bicic remained a detainee at the elementary school for the next three-and-a-half' months. At the school, Bicic and other detainees were beaten daily and nightly by guards and by local or visiting soldiers and paramilitary troops. 44. While at the school, Bicic and other detainees observed defendant Vuckovic and his wife and family regularly entering and leaving a home next to the school that had belonged to a Muslim family before the war. Bicic and other detainees determined that Vuckovic and his family had occupied the house. 45. Vuckovic came to the elementary school at least once a week to participate in or oversee beatings of detainees. Vuck-ovic beat Bicic on many occasions and was present during other beatings he received. He often used a revolver that he always carried to strike Bicic and other detainees. On one occasion, Vuckovic ordered Bicic to get on all fours while another soldier stood or rode on his back and beat him with a baton — a game the soldiers called “horse.” Vuckovic also subjected Bicic and other detainees to games of “Russian roulette,” putting a bullet in his revolver and pulling the trigger while aiming at or just above the heads of the detainees. Bicic was afraid he would be shot and killed by Vuckovic. 46. During these beatings, Vuckovic taunted Bicic and other detainees with ethnic slurs, calling them “balija,” an epithet for Muslims, and Muslim “Mothers.” Detainees, including Bicic, were often humiliated by being forced to sing Serbian songs while they or their fellow detainees were being beaten. Vuckovic participated in this abuse. 47. On one evening, Vuckovic along with a group of 10-15 soldiers came to the school and beat many of the detainees and forcibly extracted their teeth with pliers. Bicic was among the many victims of this incident. The soldiers dragged Bicic into a locker room in the gymnasium, forced him to the ground with his hands behind his back, stuck wooden instruments or objects into his mouth to keep his jaw open, and extracted several teeth with pliers. 48. Bicic suffered eight broken ribs during his detention, a broken nose and finger, and numerous scars on the head and elsewhere. He suffered internal injuries as well and urinated blood for over a month at one point. Each of these beatings caused Bicic to suffer immense pain that lasted for days. While detained, Bicic lost well over half of his body weight. 49. Today, Bicic continues to suffer from the beatings perpetrated by Vuckovic and others. He feels severe pain and headaches, particularly when the weather changes. He suffers from anxiety, sleeps very little, and has frequent nightmares. At the same time, as a result of damage to his kidneys suffered during his ordeal, doctors have advised him not to take any sedatives. Bicic has found it impossible to return to work and described his frustration at no longer feeling like a “normal person” able to sustain himself through work. 50. After being released from detention, Bicic fled Bosnia with his wife and daughter and currently lives as a refugee in Germany. He lost all his property and businesses in Bosanski Samac. C. Safet Hadzialijagic 51. Safet Hadzialijagic also is a Bosan-ski Samac native. Before the war, he worked as the manager of the municipal water system in Bosanski Samac and owned a mixed goods store. 52. Hadzialijagic was acquainted with Vuckovic prior to the war. He saw Vucko-vic in the town, and he knew Vuckovic’s wife and sister. 58. A few days after the Serbian occupation of Bosanski Samac, Hadzialijagic received a call from the newly-installed Bosnian Serb police chief, Stevan Todoro-vic, and was told to report to the local police station to receive “instruction” on how to behave under the new government installed in the town. Although he feared trouble, a neighbor advised Hadzialijagic that it would be in his best interests to comply with the demand. 54. Immediately upon his arrival at the police station, Todorovic hit Hadzialijagic twice in the head. Another soldier in police uniform then beat Hadzialijagic further and took him to a cell at the station. At the police station, Hadzialijagic was subjected to further beatings and abuse. In one incident, his captors subjected him to a game of “Russian roulette,” placing a gun in his mouth and pulling the trigger twice before pointing away and shooting out a window. 55. Hadzialijagic was then transferred to the TO warehouse, and to detention facilities in Brcko and Bijeljina, along with plaintiffs Bicic and Subasic and a group of other Muslim and Croat men from Bosan-sM Samac. On or about March 13, 1992, the group was brought back to Bosanski Samac and held in detention at the local elementary school. 56. Hadzialijagic and other captives were subjected to repeated daily beatings by guards and by visiting soldiers, paramilitary forces, and policemen. The detainees were beaten with metal pipes, bats, sticks, and weapons. Detainees sometimes were awoken at night and beaten. The detainees were all kept together, so Hadzialijagic regularly saw or heard the screaming of others being beaten. Had-zialijagic also was a victim of the teeth-pulling incident previously described, during which he had five teeth forcibly extracted from his mouth with pliers. Two other teeth were so damaged and loosened in the incident that he removed them himself the same evening. Hadzialijagic’s tormentors routinely made defamatory statements against Muslims as they perpetrated these beatings. They would state that Muslims should be killed. 57. Hadzialijagic was singled out by defendant Vuckovic on one occasion and subjected by him to a particularly severe beating. On that day, Vuckovic appeared with a group of three or four other soldiers. Vuckovic was the leader. Vuckovic ordered Hadzialijagic to kneel on his hands and knees and then sat on his back. Hadzialijagic had to carry Vuckovic across the gymnasium in this manner, carrying Vuckovic like a horse and rider. While Vuckovic rode Hadzialijagic like an animal, Vuckovic hit him in the head and on his body with the handle of a knife, and the other soldiers kicked and hit him. If Had-zialijagic fell down, the soldiers forced him to get up and continue. 58. At one point, Vuckovic and the other soldiers tied Hadzialijagic with a rope, hung him upside down, and beat him. When they noticed that Hadzialijagic was losing consciousness, they dunked his head in a bowl used as a toilet. 59. Hadzialijagic suffered numerous blows to his head and face in this incident. His face was deformed and bleeding, and the boots and uniforms of his captors were bloodied as well. At one point, Vuckovic ordered Hadzialijagic to lick his blood off Vuekovic’s boots. As he tried to lick the blood, Vuckovic kicked Hadzialijagic with the heel of his boot. Hadzialijagic thought he would be killed that day. 60. At the conclusion of this incident, Vuckovic used his knife to cut a rude semicircle into Hadzialijagic’s forehead, representing a crescent, a symbol of the Muslim faith. As he carved the crescent into Had-zialijagic’s forehead, Vuckovic called Had-zialijagic “balija,” a defamatory term for Muslims, and stated that Muslims deserved such treatment. The crescent scar on Hadzialijagic’s forehead is still visible today. 61. Hadzialijagic was severely injured during this incident and went into cardiac arrest. He was saved by plaintiff Hasan Subasic when guards gave Subasic permission to summon medical help from a nearby ambulance corps. Hadzialijagic suffered six broken ribs as a result of the beatings he received in this and other incidents in detention. 62. Following his ordeal in detention, Hadzialijagic fled to Belgium, where he currently resides. Hadzialijagic continues to suffer chronic pain throughout his body and has frequent nightmares. He has had to use medication to help him sleep. His experience has made him feel depressed and reclusive, and he has not been able to work since he escaped from this ordeal. D. Hasan Subasic 63. Plaintiff Hasan Subasic was born in Odzak, Bosnia, near Bosanski Samac. He was raised from the age of three in Bosan-ski Samac. He is married and has two children and now resides in the United States. 64. Subasic was detained on April 24, 1992, when four policemen with Serbian police insignia on their uniforms came to his home and told him that he had to come to the police station. They told Subasic he needed to give a statement, and that it should only take an hour or two. He felt he had no choice and complied with their demand. After being questioned for an hour or two at the police station, he was not released, but rather placed in detention at the TO warehouse. 65. Neither the police that arrested him, nor anyone at the police station, advised Subasic of any charges against him, showed him a warrant for his arrest, or advised him that he could see a lawyer. Subasic remained captive for some 26 months in various detention centers and labor camps. Subasic was just 24 years old when he was detained. 66. At the TO warehouse, Subasic was detained in the same small room as plaintiffs Bicic and Hadzialijagic. When he had an opportunity to see the faces of the other detainees, he had difficulty recognizing them at first as their faces were bruised, cut, and deformed from beatings. Subasic was detained for three days at the warehouse. While there, Subasic witnessed a variety of abuses and atrocities, including the brutal beating and murder of a fellow detainee less than a meter away from him. The victim was beaten with a chair leg until his head split open and brains spilled out on the floor. The victim was then taken outside and shot. 67. At the warehouse, Subasic and other detainees were awakened and forced to sing Serb nationalist songs while guards and members of Serbian special police units beat them with weapons, pipes, and other instruments. They were hit on the head and in bony areas where it would hurt most. 68. Subasic, along with co-plaintiffs Bicic and Hadzialijagic, was transferred from the warehouse to detention centers at Brcko and Bijeljina and returned about two weeks later to Bosanski Samac. Upon his return, he was held in detention at the elementary school gymnasium, where he was again subjected to frequent brutal beatings. Ironically, the school was the same school that he had attended as a youth. 69. Beatings took place throughout the day and night at the elementary school, with Serbian police, soldiers, and Serbian civilians taking part in the abuse. Subasic often heard guards in an adjacent room scheduling forthcoming beatings, making arrangements as to the time of the next round of beatings, who they would take out of the gymnasium for beatings, how many victims or soldiers there would be, and how many new detainees were at the school. While at the elementary school, Subasic observed Vuekovic on a number of occasions driving to and from the nearby home that had belonged to a Muslim family before the war. 70. Subasic was routinely beaten at the elementary school. On one occasion, Su-basic was forced to kneel and spread his arms in front of Mm while encircled by three or four guards. The guards hit and kicked him, breaking three ribs and leaving him virtually immobile for three days because of his injuries and pain. Subasic felt that he was in imminent danger of death at all times while detained at the school. 71. Subasic too was a victim of the teeth-pulling incident. On that night, he was taken out into a hallway by guards, Mcked, beaten and forced to open his mouth. Guards forcibly extracted four of Subasic’s teeth. 72. Subasic and his fellow Muslim detainees also were subjected to other humiliations based on their religion. In one incident, they were forced to kneel for twenty hours straight as if engaging in Muslim prayer. Subasic was often beaten in the genitalia, with guards making comments that this would prevent any more Muslim children from being born. The only food made available was a small amount of bread smeared with pork fat. It was well known to the guards that it was against the Muslim religion to eat pork. 73. Subasic had seen defendant Vucko-vic in BosansM Samac prior to the war and recognized Mm when he came to the elementary school. Subasic was directly beaten by Vuckovic on two occasions. On both occasions, Vuckovic punched him and Mcked him with his military boots. On at least one occasion, Subasic had been forced Mto a kneelmg position when Vuckovic Mcked him in the stomach. These beat-mgs caused Subasic to lose his breath and to suffer severe physical and emotional pain. Subasic stated that these beatmgs caused him to fear for his life and made him feel like “less than an animal.” Suba-sic stated that his mental anguish was as great as his physical pain, because he felt helpless at being unable to defend himself. 74. Subasic also witnessed Vuckovic brutalize plaintiffs Bicic and Hadzialijagic. Subasic remembers in particular the incident in which Vuckovic carried out a severe beatmg of plamtiff Hadzialijagic, described above, because it was so extreme. Subasic testified that he felt anguish that is impossible to describe from bemg forced to observe his fellow detainee be subjected to such abuse. Indeed, Subasic appealed to a guard to get an ambulance for Had-zialijagic, who had been gravely injured from the beatings. Subasic was told the radio did not work and was given permission to run down the street to summon medical help. Subasic felt he was risMng his life in doing so, as he believed he could have been shot by a Serb policeman or soldier mistaMng him for an escaped prisoner. 75. Subasic was taken from the school to the TO warehouse, where he was kept for approximately one-and-a-half months. He was then transferred to the Batkovic camp and was eventually released in a prisoner exchange m 1994. 76. Subasic felt particular angMsh at being separated from his family during his long detention. He worried that he might never see Ms newborn daughter agam. His daughter was two months old when Subasic was first detained. When he was reunited with his family after some 26 months in detention, she would run away from him when left alone with him because he seemed to be a stranger. 77. As a result of his detention, Subasic lost approximately half of his body weight. He contmues to suffer intense pain m his mouth as a result of the teeth extractions, and in his ribs, joints, stomach, and hands as a result of the repeated beatings he endured. He has flashbacks and nightmares, suffers from nervousness, angers easily, and has difficulty trusting people. These effects directly impact and interfere with his ability to work. V. “ETHNIC CLEANSING” — THE CONTEXT OF DEFENDANT’S ACTIONS 78. The abuses committed by defendant Vuekovic against plaintiffs were not isolated incidents, but rather took place within the context of the campaign by Bosnian Serb and Serbian military and political forces to “cleanse” broad areas of Bosnia of its Muslim and Croat population through terror, mass displacement, detention, and murder. 79. “Ethnic cleansing” was the means by which nationalist Serb leaders sought to create a contiguous ethnically-pure Serb territory throughout the ethnically-mixed areas bordering the Serbian republic, including Bosnia and Croatia. Serb leaders and the Serbian-controlled media increasingly promoted this vision of a “Greater Serbia” in the early 1990s and fomented fear and hatred of Muslims and Croats. In the early 1990s there were rallies that advocated and promoted these views, with Serbian leaders in attendance. (Paul P.T. ¶¶ 13-15). By 1992, some Bosnian Serb leaders openly advocated measures to rid ethnically-mixed areas of non-Serbs, including pressure and terror tactics, deportation, and liquidation. 80. Within weeks of the outset of armed attacks by Bosnian Serb and Serb forces in Bosnia, Bosnian Serbs maintained control over at least half of the territory of the former republic. The ethnic cleansing campaign was carried out throughout these Serb-controlled areas of Bosnia, and affected the entire Balkans region. (Paul, Tr. Vol. II at 30:5 — 31:16). According to our own Department of State, by the end of 1992 an estimated one-half of the entire Bosnian Muslim population had been displaced. (Paul P.T. ¶ 102). Hundreds of thousands of refugees streamed into Croatia and other neighboring areas. (Paul P.T. ¶ 99). 81. The extent of the campaign can be measured by its results and aftermath. In the Bosanski Krajina region of northwest Bosnia, for example, the non-Serb population prior to the ethnic cleansing campaign was 536,000. It is estimated that fewer than 20,000, or just 3.7 percent, remained as of 1995. Prior to the Serb takeover of Bosanski Samac, the population of the town and surrounding area was 33,000, divided almost equally between Serb and non-Serb groups. After the ethnic cleansing, less than 2 percent (300) of the prewar non-Serb population of 17,000 remained. (Paul, Tr. Vol. II at 44:12 — 45:5; Paul P.T. ¶ 41). 82. The ethnic cleansing campaign was plainly carried out by design and with the coordination of political and military leaders in all the territories brought under Bosnian Serb control. Through actions such as the creation of a separate Bosnian Serb assembly, the establishment of Serb-controlled local crisis committees and regional quasi-governmental bodies ready to seize control of governmental functions, and seizures of the territorial defense weapons stockpiles, already outlined above, Bosnian Serbs and Serbia laid the groundwork to begin and quickly implement ethnic cleansing with the commencement of military and paramilitary operations in Bosnia. (Paul, Tr. Vol. II at 7:15 — 17:12; Paul P.T. ¶¶ 28-34). 83. The rapidity with which Bosnian Serbs assumed control of government functions and began carrying out initial stages of ethnic cleansing evidences significant advance planning. (Paul Tr. Vol. II at 16:16 — 17:12). Plaintiffs testified that Bosnian Serb civilians became police officers overnight: some of the plaintiffs were arrested in the days following the April 17, 1992, occupation of Bosanski Samac by Bosnian Serbs in police uniform who had been civilians prior to April 17. Stevan Todorovic, who has pled guilty at the ICTY to the grave crime of persecution of non-Serbs in Bosanski Samac, served as a member of the town’s Serb “Crisis Committee” and was installed as the Bosnian Serb police chief at or around the time of the attack. 84. Carrying out the ethnic cleansing campaign with such speed and on such a massive scale also required a high degree of coordination between Bosnian Serb military and political authorities, as well with Serbia and its political, military, and paramilitary forces. Orders relating to ethnic cleansing operations were sent from the Bosnian Serb government and channeled through the crisis committees and the new Serb-controlled governments. The committees worked together with military and paramilitary forces to carry out ethnic cleansing operations and in some cases even hired paramilitary forces to attack towns or outlying villages. (Paul, Tr. Vol. II at 8:13 — 11:12; 15:7 — 18:15). 85. Ethnic cleansing operations were coordinated across borders as well. The Serb-controlled JNA supplied arms and heavy weapons to Bosnian Serb paramilitary and military forces, and Serbian paramilitary forces participated in joint actions with Bosnian Serb forces in seizing control of Bosnian territory and displacing the non-Serb population. Notoriously violent Serbian paramilitaries, themselves supported by the JNA, operated freely in these areas, including in Bosanski Samac. (Paul, Tr. Vol. II at 7:13 — 18:2; Paul P.T. ¶ 47-48). 86. As has been extensively documented by international bodies, human rights organizations, and other bodies, ethnic cleansing also followed a distinct pattern and practice. Typically, a town or village was attacked with heavy weaponry and artillery, despite the fact that in most areas, there was little or no resistance by non-Serb forces. In multi-ethnic towns, non-Serb neighborhoods were targeted. Many Muslim villages were simply destroyed in total. These attacks were designed to terrorize and displace the Muslim population. As there was little or no military resistance, these attacks were not part of a military campaign, but rather were ethnic cleansing operations directed against civilians and civilian objects. (Paul, Tr. Vol. II at 18:19 — 21:6; Paul. P.T. ¶¶ 46-49). 87. Following these initial attacks, non-Serb men were detained and, in some cases, executed. Political and business leaders typically were rounded up first, followed by others. (Paul, Tr. Vol. II at 21:8 — 22:17; Paul P.T. ¶¶ 50-62). Indeed, plaintiffs Bicic and Hadzialijagic, prominent business and government figures in Bosanski Samac, were the first of plaintiffs to be detained after the town was seized. 88. Those who did not flee, or who were not killed, became victims of other practices designed to further ethnic cleansing. Both in and outside of detention facilities, non-Serbs commonly were subject to rape and other forms of sexual assault and humiliation. Those in detention and those remaining in towns and villages often were required to perform forced labor — often dangerous or arduous tasks such as digging trenches on the front lines of fighting, or working in fields for long hours with only bare hands. In some areas, civilians, especially women and children, were confined to ghetto villages. Some were forced out of their homes and bused to border areas. (Paul, Tr. Vol. II at 22:17 — 35:21; Paul P.T. ¶¶ 63-77). The Bosnian Serb police chief, Todorovie, admitted to participating in such forcible transfers in Bosan-ski Samac. 89. Throughout areas brought under Serb control, Serb forces plundered, destroyed, or expropriated homes and businesses of Muslims and Croats. In some areas, military forces methodically shot artillery at each Muslim home, one by one, systematically destroying the houses for no tactical reason. Particularly in mixed areas in the towns, many non-Serb homes were taken over by Serb families or soldiers after their non-Serb owners were killed or forced out. (Paul, Tr. Vol. II at 25:16 — 27:16, 35:4-21; Paul P.T. ¶¶ 78-84). As noted above, for example, defendant Vuckovic apparently occupied the home of a Muslim family close to the elementary school. 90. Religious leaders also were targeted for repression, and places of worship systematically demolished. The destruction of non-Serb religious property was so complete that today, just one mosque remains in all of the present-day República Srpska out of the more than 600 that existed prior to the war. In Bosanski Samac, the central mosque and church both were leveled, and the rubble removed to a dump site outside of town. The sites are now just empty lots covered with weeds. (Paul, Tr. Vol. II at 21:8 — 22:17, 40:25 — 44:10; Paul P.T. ¶¶ 85-87). 91. Detention of non-Serb men, and the terrorization of detainees, was a salient feature of ethnic cleansing. The U.N. Commission of Experts identified over 300 Serb-controlled detention facilities in more than 90 municipalities in Bosnia, all holding predominantly Muslim and Croat draft age males. 92. The detention of large numbers of non-Serb males furthered ethnic cleansing by facilitating control of the non-Serb population. Additionally, although detainees technically remained in the Serb-controlled areas, Serb intentions were eventually to force detainees out of Bosnia, as detainees appear to have been held largely as “bargaining chips” to be exchanged later for Serb prisoners held by Croatia or Bosnia. Each of the plaintiffs, for example, was released in an exchange that, while securing his freedom, left him far from his home in Bosnia. Detainees were routinely terrorized, murdered, tortured, raped, and humiliated, serving the ethnic cleansing campaign by causing detainees to fear returning to their home towns following their release. (Paul, Tr. Vol. II at 31:14 — 35:3; Paul P.T. ¶¶ 52-62). 93. Milosevic’s Serbia and the separatist Bosnian Serb leadership met with considerable success in their objective of creating an ethnically pure Serbian territory in Bosnia. As indicated above, less than five percent of the original Muslim and Croat populations remain in most areas subject to the ethnic cleansing campaign. Under the 1995 Dayton Agreement, approximately one half of the former territory of Bosnia-Herzegovina remains under the administration and control of the Bosnian Serb leadership. Bosanski Samac itself is just one of many areas now part of the Bosnian Serb República Srpska. (Paul, Tr. Vol. II at 45:6 — 46:3; Paul P.T. ¶¶ 43,109-112). 94. Conditions in Bosnian Serb-controlled areas of Bosnia remain hostile to non-Serbs and to any attempt by victims of “ethnic cleansing” to seek justice in these areas. Many Bosnian Serbs who allegedly took part in the abuses described above remain in positions of leadership. There has been little or no effort within the República Srpska to bring those responsible for war crimes and crimes against humanity to justice. Evidence before the Court suggests that not one alleged war criminal has been prosecuted in the Repú-blica Srpska. Bosnian Serb authorities have resisted efforts to investigate ethnically-motivated crimes allegedly perpetrated by Bosnian Serbs. (Paul, Tr. Vol. II at 45:18 — 46:22; 49:15 — 50:18; Paul P.T. ¶¶ 104-116). As the U.S. State Department noted in its 1998 report on human rights practices in Bosnia-Herzegovina, courts in República Srpska were reluctant or unwilling to try cases of human rights abuses referred to them. CONCLUSIONS OF LAW Plaintiffs bring these claims under the Alien Tort Claims Act (“ATCA”), 28 U.S.C. § 1350 (1988); the Torture Victim Protection Act of 1991 (“TVPA”), Pub.L. No. 102-256, 106 Stat. 73 (1992)(codified at 28 U.S.C. § 1350 Note); and the laws of the State of Georgia and of Bosnia-Herzegovina. VI. Jurisdiction This Court has jurisdiction over plaintiffs’ federal claims under the ATCA, the TVPA, and 28 U.S.C. § 1331. The Court has supplemental jurisdiction over plaintiffs’ related state law claims under 28 U.S.C. § 1367. See Abebe-Jira v. Negewo, 72 F.3d 844, 847-48 (11th Cir.1996), cert. denied, 519 U.S. 830, 117 S.Ct. 96, 136 L.Ed.2d 51 (1996); Kadic v. Karadzic, 70 F.3d 232, 246 (2d Cir.1995), cert. denied, 518 U.S. 1005, 116 S.Ct. 2524, 135 L.Ed.2d 1048 (1996). VII. Plaintiffs’ATCA and TVPA Claims The ATCA provides: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. 28 U.S.C. § 1350 (1988). The Eleventh Circuit has held that the ATCA provides a federal remedy when (1) an alien sues (2) for a tort (3) committed in violation of the law of nations. Abebe-Jira, 72 F.3d at 846-48. As all four plaintiffs are aliens and sue in tort, they clearly meet the first two elements of an ATCA claim. As to the third criterion, conduct violates the “law of nations” if it contravenes “well-established, universally recognized norms of international law.” Kadic, 70 F.3d at 239 (quoting Filartiga v. Penar-Irala, 630 F.2d 876, 888 (2d Cir.1980)). To be actionable under the ATCA, these norms must be “specific, universal and obligatory.” Alvarez-Machain v. United States, 266 F.3d 1045, 1050 (9th Cir.2001). A jus cogens violation satisfies, but is not required, to meet this standard. United States courts may ascertain contemporary norms of customary international law by “ ‘consulting the works of jurists, writing professedly on public law; or by the general usage and practice of nations; or by judicial decisions recognizing and enforcing that law.’” Filartiga, 630 F.2d at 880 (quoting United States v. Smith, 18 U.S. (5 Wheat.) 153, 160-61, 5 L.Ed. 57 (1820)). Among various contemporary sources, the statutes of the ICTY and the International Criminal Tribunal for Rwanda (“ICTR”) and recent opinions of these tribunals are particularly relevant. The United States has explicitly endorsed the approach of the ICTY Statute and the convening of the Tribunal. Plaintiffs have shown, as to each of them individually, that defendant Vuckovic committed the following violations of customary international law, which confer jurisdiction, and establish liability, under the ATCA: torture; cruel, inhuman or degrading treatment; arbitrary detention; war crimes; and crimes against humanity. A. Torture 1. ATCA United States courts presented with the issue have unanimously recognized that official torture violates obligatory norms of customary international law and is thus actionable under the ATCA. The prohibition of torture under customary international law is evidenced by, among other things, specific prohibitions on its use in numerous international human rights treaties; including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Torture Convention”). The Torture Convention defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Plaintiffs have established that defendant Vuckovic was responsible for torturing each of them, as defined under international law. The incidents described in the findings above demonstrate that defendant Vuckovic perpetrated, or was complicit in, severe beatings of each plaintiff, which caused each plaintiff severe physical pain and suffering: • Vuckovic beat plaintiff Mehinovie at both the police station and the TO warehouse. These beatings included kicks and blows to the face, genitals, and other areas. They disfigured Me-hinovic and may have broken his ribs and caused him nearly to lose consciousness and to be unable to eat. Vuckovic also was present during, and took pleasure in, a torture session led by police chief Todorovic in which To-dorovic broke Mehinovic’s finger. • Vuckovic beat plaintiff Bicic repeatedly on numerous occasions, using revolvers, rifles, and other instruments. On one occasion, Vuckovic presided over a beating during which another soldier rode on Bicic’s back and hit him on the head with a baton during a game of “horse.” Plaintiff Bicic identified Vuckovic as one of the participants in the teeth-pulling incident at the elementary school. • Plaintiff Hadzialijagic also suffered many beatings at Vuckovie’s hands, including a long and nightmarish beating that included being hit while hanging upside down from a rope until he almost lost consciousness, and being kicked in the face and torso while kneeling or lying on the ground. Vuckovic apparently nearly killed Hadzialijagic during this incident. • Vuckovic hit plaintiff Subasic and kicked' him in the stomach with his military boots while Subasic was forced into a kneeling position, causing Subasic to suffer severe pain. Vuckovic also caused or participated in the plaintiffs’ mental torture. Mental torture consists of “prolonged mental harm caused by or resulting from: the intentional infliction or threatened infliction of severe physical pain or suffering; ... the threat of imminent death; or the threat that another person will imminently be subjected to death, [or] severe physical pain or suffering.” As set out above, plaintiffs noted in their testimony that they feared that they would be killed by Vuckovic during the beatings he inflicted or during games of “Russian roulette.” Each plaintiff continues to suffer long-term psychological harm as a result of the ordeals they suffered at the hands of defendant and others. Plaintiffs have shown that defendant Vuckovic acted with the intent required to establish that his acts constituted torture. Vuckovic’s anti-Muslim statements, and the entire context in which the beatings occurred, evidence the fact that the defendant beat and threatened plaintiffs for discriminatory reasons. Plaintiffs have also established that the acts of defendant Vuckovic were carried out with the intent of intimidating or terrorizing them because of their ethnicity, pursuant to the Bosnian Serb government’s campaign of ethnic cleansing. Finally, the beatings carried out by Vuckovic and his accomplices were clearly perpetrated, instigated, and acquiesced in, by persons acting in an official capacity as part of the police or military forces of Republika Srpska. Vuckovic himself was a soldier in a unit tied to and supported by the Bosnian Serb and Serbian governments. He often carried out beatings with other soldiers. The beatings inflicted by Vuckovic all were committed in official or designated detention facilities, guarded by Bosnian Serb or Serbian police or soldiers. Without their permission or acquiescence, and that of those in the political and military hierarchy above him, Vuckovic could not have perpetrated abuses against plaintiffs. Plaintiff Subasic described frequently hearing guards scheduling beatings in advance. The fact that the beatings carried out by Vuckovie and others were routine, daily occurrences at these facilities also indicates that the beatings were, in fact, ordered, authorized, and perpetrated as part and parcel of official policy. For these reasons, defendant Vuckovie is liable for torture under the ATCA. 2. TVPA The TVPA also provides a cause of action for official torture. The TVPA provides in relevant part: An individual who, under actual or apparent authority, or color of law, of any foreign nation — (1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual^] TVPA § 2(a). As set out in the section above, defendant Vuckovie clearly committed abuses against plaintiffs under official authority. In light of the de facto governmental authority of the Republika Srpska, under which Vuckovie served as a soldier, and the control exerted over it by the Serbian government, Vuckovie may be considered also to have been acting under the authority of a “foreign nation,” Additionally, as the definition of torture under the TVPA closely follows the definition of torture under the Torture Convention in all relevant respects, for the same reasons as above, Vuckovic’s actions also constitute torture under the TVPA. Accordingly, defendant Vuckovie also is liable to plaintiffs for torture under the TVPA. B. Cruel, Inhuman or Degrading Treatment Cruel, inhuman, or degrading treatment is a discrete and well-recognized violation of customary international law and is, therefore, a separate ground for liability under the ATCA. Abebe-Jira, 72 F.3d at 847; Estate of Cabello v. Fernandez-Larios, 157 F.Supp.2d 1345, 1362 (S.D.Fla.2001); Xuncax, 886 F.Supp. at 187. In particular, the Eleventh Circuit and other courts have recognized cruel, inhuman, or degrading treatment as a violation of customary international law, at least to the extent that the conduct also would be prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the U.S. Constitution. Abebe-Jira, 72 F.3d at 847; Cabello, 157 F.Supp.2d at 1362; Paul, 901 F.Supp. at 330; Xuncax, 886 F.Supp. at 187-89. These courts, accordingly, have allowed defendants to be held liable for the infliction of cruel, inhuman or degrading treatment. International instruments and decisions also recognize cruel, inhuman and degrading treatment as a distinct violation of international law. Generally, cruel, inhuman, or degrading treatment includes acts which inflict mental or physical suffering, anguish, humiliation, fear and debasement, which do not rise to the level of “torture” or do not have the same purposes as “torture.” A number of Vuckovic’s actions against plaintiffs specifically and uniquely constitute cruel, inhuman and degrading treatment under international law. Apart from the acts noted above which constituted torture, Vuckovic carried out certain acts intended specifically to degrade and humiliate plaintiffs. • Plaintiff Hadzialijagic is permanently scarred with a crescent, a recognized Muslim symbol, that Vuckovic carved into his forehead with a knife during one incident. During this same incident, Vuckovic forced Hadzialijagic to carry him like a horse, ordered him to lick his own blood off Vuekovic’s boots, and dunked his head in a bowl used as a toilet. • Vuckovic shouted anti-Muslim epithets at plaintiff Mehinovic while beating him, and then forced him to lick his own blood off the police station walls while Vuckovic laughed. He also participated in the “game” in which Mehi-novic was forced to run in a circle while Vuckovic or other guards swung wooden planks at them. • Vuckovic also subjected Bicic to the game of “horse,” beating him and shouting anti-Muslim epithets while forcing Bicic to carry Vuckovic- on his back. • Plaintiff Subasic described how the feeling of helplessness he suffered