Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 67 results.
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Jurisprudence judicial mechanism
ICTY - Veselin Sljivancanin ("Mrksic et al.")
- Year
- 2010
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal
- Reference link
- http://www.icty.org/cases/party/748/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Veselin Sljivancanin (“Mrksic et al.”)
- Charges
- Sljivancanin was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility), which included sexual assault of Croats and other non-Serbs who were in the Vukovar hospital after the fall of Vukovar. - Torture as a crime against humanity, inhumane acts as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE) and 7(3) (command responsibility), which included sexual assault of a female detainee at the Ovcara farm.
- Trial chamber verdict
- Sljivancanin was found not guilty by the Trial Chamber (on 27 September 2007) of: - Persecution as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility); - Torture as a crime against humanity, inhumane acts as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE) and 7(3) (command responsibility). The Trial Chamber found that there was no evidence of sexual assault.
- sentencing
- Sljivancanin was sentenced by the Appeals Chamber to 10 years’ imprisonment on 8 December 2010.
- Appeals chamber verdict
- The issue was not discussed before the Appeals Chamber.
- Status
- 2715
- Case number
- IT-95-13/1
-
Jurisprudence judicial mechanism
ICTY - Tihomir Blaskic
- Year
- 2004
- Issues
- Modes of Liability
- Country
- Former Yugoslavia
- Keywords
- Acquittal Command Responsibility Effective Control Cumulative Conviction
- Reference link
- http://www.icty.org/cases/party/667/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Tihomir Blaskic
- Charges
- Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility), which included rapes of Bosnian Muslims detained by the HVO in Rotilj village (Kiseljak municipality) and in Dubravica primary school (Vitez municipality) and committed by the HVO soldiers and Military Police.
- Trial chamber verdict
- Blaskic was found guilty by the Trial Chamber on 3 March 2000 for the sexual violence charges.
- sentencing
- Blaskic was sentenced to 9 years’ imprisonment on 29 July 2004 (for other charges).
- Appeals chamber verdict
- The Appeals Chamber on 29 July 2004 dismissed both convictions as the cruel treatment as a violation of the laws or customs of war as a war crime conviction was considered to be an impermissible cumulative conviction, while the inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime could not be sustained since Blaskic was held not have exercised effective control over his subordinates responsible for the rapes.
- Status
- 2715
- Case number
- IT-95-14
-
Jurisprudence judicial mechanism
ICTY - Stojan Župljanin (“Stanišic & Župljanin”)
- Year
- 2016
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Acquittal Joint Criminal Enterprise (JCE)
- Reference link
- http://www.icty.org/cases/party/783/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Stojan Župljanin
- Charges
- - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
- Trial chamber verdict
- Župljain was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Župljain was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity (similar as above under ‘torture’).
- sentencing
- Župljain was sentenced to 22 years’ imprisonment on 30 June 2016.
- Appeals chamber verdict
- The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
- Status
- 2715
- Case number
- IT-08-91
-
Jurisprudence judicial mechanism
ICTY - Slobodan Praljak ("Prlic et al.")
- Year
- 2017
- Issues
- Modes of Liability Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Extended Joint Criminal Enterprise Foreseeable Consequence
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Slobodan Praljak
- Charges
- Praljak was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE III); - Rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) and 7(3) (command responsibility).
- Trial chamber verdict
- Praljak was found not guilty by the Trial Chamber on 29 May 2013 for both of the sexual violence charges stipulated above. The Trial Chamber could not find beyond reasonable doubt that Praljak could have foreseen that members of the HVO would commit sexual abuse in the town of Vares and in Stupni Do from 23 to 25 October 1993. Judge Antonetti dissenting on the not guilty verdict for rape as a crime against humanity and a war crime.
- sentencing
- Praljak was sentenced by the Trial Chamber to 20 years’ imprisonment on 29 May 2013 (for other charges). This sentence was reaffirmed by the Appeals Chamber on 29th November 2017.
- Appeals chamber verdict
- On 29th November 2017, the Appeals Chamber in its judgment granted Praljak’s appeal in part, although it affirmed the sentence of 20 years of imprisonment against him.
- Status
- 2778
- Case number
- IT-04-74
-
Jurisprudence judicial mechanism
ICTY - Rasim Delic
- Year
- 2008
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Unclear Indictment Detention Centers
- Reference link
- http://www.icty.org/cases/party/679/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Rasim Delic
- Charges
- Delic was charged with: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above.
- Trial chamber verdict
- Delic was found not guilty by the Trial Chamber on 15 September 2008 of: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. The Trial Chamber held that these victims were subjected to sexual violence at the Vatrostalna facility, but not at the Kamenica camp, as was pleaded in the indictment. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above. However, for this charge Delic was already acquitted during trial on 26 February 2008. Both the Prosecution and Defense agreed to this and the Prosecution has even asked earlier on in the proceedings for a withdrawal of the charge.
- sentencing
- Delic was therefore sentenced by the Trial Chamber to 3 years’ imprisonment on 15 September 2008 (for other charges).
- Appeals chamber verdict
- During the appellate proceedings, on 16 April 2010, Delic died while on provisional release. On 29 June 2010, the Appeals Chamber terminated the appellate proceedings and ruled that Trial Chamber Judgement to be final.
- Status
- 2715
- Case number
- IT-04-83
-
Jurisprudence judicial mechanism
ICTY - Ramush Haradinaj ("Haradinaj et al.")
- Year
- 2012
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Unreliable Testimony Retrial
- Reference link
- http://www.icty.org/cases/party/698/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Ramush Haradinaj
- Charges
- Haradinaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02.
- Trial chamber verdict
- Although Haradinaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, thus all of the sexual violence charges stipulated above.
- Appeals chamber verdict
- The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Haradinaj on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Haradinaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Haradinaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
- Status
- 2715
- Case number
- IT-04-84
-
Jurisprudence judicial mechanism
ICTY - Radoslav Brdanin
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Persecution on Sexual Grounds Kunarac Stakic Specific Intent
- Reference link
- http://www.icty.org/cases/party/673/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Radoslav Brdanin
- Charges
- Brdanin was charged with: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting) for rapes and sexual assaults of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992 (the sexual violence was incorporated under torture as persecution). - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting), which included rapes of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992. - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3), which included rapes and sexual assault of Bosnian Muslim and Bosnian Croat detainees in various camps and detention facilities.
- Trial chamber verdict
- Brdanin was found guilty on 1 September 2004 of: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting); - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting). Brdanin was found not guilty of: - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3). He was found not guilty for genocide since the specific intent for genocide could not be established.
- sentencing
- Brdanin was sentenced by the Appeals Chamber to 30 years’ imprisonment on 3 April 2007 (for other charges).
- Appeals chamber verdict
- On 3 April 2007, the Appeals Chamber reversed the convictions for sexual violence – i.e. persecution as a crime against humanity and torture as a grave breach of the Geneva Conventions of 1949 as a war crime – as it could not be established that Brdanin’s conduct constituted either encouragement or moral support to the camp personnel (aiding and abetting) that had a substantial effect on the commission of torture.
- Status
- 2715
- Case number
- IT-99-36
-
Jurisprudence judicial mechanism
ICTY - Momcilo Krajisnik
- Year
- 2009
- Issues
- Modes of Liability
- Country
- Former Yugoslavia
- Keywords
- Acquittal Persecution on Sexual Grounds Sexual Slavery Specific Intent Common Objective of JCE
- Reference link
- http://www.icty.org/cases/party/709/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Momcilo Krajisnik
- Charges
- Krajisnik was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE), which included rapes and sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs; - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence.
- Trial chamber verdict
- Krajisnik was found guilty by the Trial Chamber on 27 September 2006 of persecution as a crime against humanity under Article 7(1) (JCE). Krajisnik was found not guilty by the Trial Chamber of causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence. He was found not guilty of genocide since the specific intent for genocide could not be established.
- sentencing
- Krajisnik was sentenced by the Appeals Chamber to 20 years’ imprisonment on 17 March 2009 (for other charges).
- Appeals chamber verdict
- However, the Appeals Chamber on 17 March 2009 reversed the sexual violence conviction – i.e. persecution as a crime against humanity – as it found that the Trial Chamber committed an error as persecution fell outside the original common objective of the JCE, which only encompassed the crimes of deportation and forcible transfer.
- Status
- 2715
- Case number
- IT-00-39
-
Jurisprudence judicial mechanism
ICTY - Miroslav Radic ("Mrksic et al.")
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Sexual Violence as Genocide
- Reference link
- http://www.icty.org/cases/party/748/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Miroslav Radic ("Mrksic et al.")
- Charges
- Radic was charged with: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence. - Persecution as a crime against humanity under Article 7(1) (JCE), which included rapes and sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs.
- Trial chamber verdict
- Radic was found not guilty by the Trial Chamber on 27 September 2007 of: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3); - Persecution as a crime against humanity under Article 7(1) (JCE). In fact, Radic was acquitted by the Trial Chamber of all charges against him, thus also the sexual violence charges, on 27 September 2007.
- Status
- 2715
- Case number
- IT-95-13/1
-
Jurisprudence judicial mechanism
ICTY - Miroslav Kvocka (“Kvocka et al.”)
- Year
- 2005
- Issues
- Modes of Liability Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Forced to watch Rape Forced Nudity Foreseeable Consequence Mental Harm Persecution on Sexual Grounds Kunarac
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Miroslav Kvocka (“Kvocka et al.”)
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp; - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Kvocka was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity. Kvocka was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- sentencing
- Kvocka was sentenced by the Appeals Chamber to 7 years’ imprisonment on 28 February 2005 (for other charges).
- Appeals chamber verdict
- Although Kvocka was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
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