Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 21 to 30 of 67 results.
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Jurisprudence judicial mechanism
ICTY - Mile Mrksic ("Mrksic et al.")
- Year
- 2009
- 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
- Mile Mrksic ("Mrksic et al.")
- Charges
- Mrksic 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
- Mrksic 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
- Mrksic was sentenced by the Appeals Chamber to 20 years’ imprisonment on 5 May 2009 (for other charges).
- Appeals chamber verdict
- The issue was not discussed before the Appeals Chamber.
- Status
- 2715
- Case number
- IT-95-13/1
-
Jurisprudence judicial mechanism
ICTY - Milan Milutinovic ("Sainovic et al.; previously Milutinovic et al.")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability
- Country
- Former Yugoslavia
- Keywords
- Acquittal Definition of Sexual Assault Kunarac Persecution on Sexual Grounds Foreseeable Consequence Extended Joint Criminal Enterprise
- Reference link
- http://www.icty.org/cases/party/740/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milan Milutinovic
- Charges
- Milutinovic was charged with sexual violence crimes: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
- Trial chamber verdict
- Milutinovic was acquitted by the Trial Chamber on 26 February 2009 on all charges in the indictment, thus also the sexual violence charges.
- Status
- 2715
- Case number
- IT-05-87https://www.nurembergacademy.org/typo3/index.php?route=%2Frecord%2Fedit&token=a980ada95207a1920df6d05d7e5322130ee2577e&edit[tx_svdatabase_domain_model_record][441]=edit&returnUrl=%2Ftypo3%2Findex.php%3FM%3Dweb_list%26moduleToken%3Dd464a6b5c4cb9d38
-
Jurisprudence judicial mechanism
ICTY - Mario Cerkez (“Kordic & Cerkez”)
- Year
- 2004
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Unclear Indictment
- Reference link
- http://www.icty.org/cases/party/705/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Mario Cerkez (“Kordic & Cerkez”)
- Charges
- - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assault of Witness TW21 in Vitez in April 1993; - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
- Trial chamber verdict
- Cerkez was found guilty by the Trial Chamber on 26 February 2001 of: - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime. Cerkez was found not guilty by the Trial Chamber of: - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
- sentencing
- Cerkez was sentenced by the Appeals Chamber to 6 years’ imprisonment on 17 December 2004 (for other charges).
- Appeals chamber verdict
- The Appeals Chamber reversed Cerkez's conviction for sexual violence on 17 December 2004 – i.e. inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime – as it found that incidents of sexual violence were not charged in the indictment or not proved.
- Status
- 2715
- Case number
- IT-95-14/2
-
Jurisprudence judicial mechanism
ICTY - Lahi Brahimaj ("Haradinaj et al.")
- Year
- 2012
- Issues
- Sexual Violence against Men Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Ordering/Instigating Retrial Unreliable Testimony
- 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
- Lahi Brahimaj
- Charges
- Brahimaj 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), 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, committing, planning 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 and Witness 61.
- Trial chamber verdict
- Although Brahimaj was charged with sexual violence crimes, he was found, by the Trial Chamber on 3 April 2008, not guilty of the charges of sexual violence against him.
- sentencing
- Brahimaj was sentenced to 6 years’ imprisonment (for other charges).
- Appeals chamber verdict
- The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to hold Brahimaj not guilty 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, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Brahimaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. He was acquitted by the Trial Chamber on 29 November 2012 for the charges in the re-trial indictment and thus for the remaining sexual violence charge.
- Status
- 2715
- Case number
- IT-04-84
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Jurisprudence judicial mechanism
ICTY - Jovica Stanisic ("Stanisic & Simatovic")
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Retrial
- Reference link
- http://www.icty.org/cases/party/777/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Jovica Stanisic
- Charges
- Stanisic was charged with several sexual violence crimes – i.e. persecution as a crime against humanity, deportation as a crime against humanity and inhumane acts (forcible transfer) as a crime against humanity under Article 7(1) for the unlawful forcible transfer or deportation to other countries or other areas inside the country, which included rapes and other forms of sexual abuse of Croat, Bosnian Muslim, Bosnian Croat and other non-Serb civilians from locations in the SAO Krajina, SAO SBWS and territories of Bosnia and Herzegovina, in which they were lawfully present.
- Trial chamber verdict
- Stanisic was found not guilty by the Trial Chamber on 30 May 2013 on all charges, thus including the sexual violence crimes charged.
- Appeals chamber verdict
- On 15 December 2015, the Appeals Chamber ordered a retrial of the case against Stanisic (and Simatovic).
- Status
- 2778
- Case number
- IT-03-69
-
Jurisprudence judicial mechanism
ICTY - Idriz Balaj ("Haradinaj et al.")
- Year
- 2012
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Forced Nudity Genitalia Ordering/Instigating 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
- Idriz Balaj
- Charges
- Balaj 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), 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, committing, planning 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 or, in the alternative, committing or planning), which included the repeated rape of Witness SST7/02 and Witness 61.
- Trial chamber verdict
- Although Balaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, which thus includes the sexual violence charges stipulated above.
- Appeals chamber verdict
- The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Balaj 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, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Balaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Balaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
- Status
- 2715
- Case number
- IT-04-84
-
Jurisprudence judicial mechanism
ICTY - Franko Simatovic ("Stanisic & Simatovic")
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Retrial
- Reference link
- http://www.icty.org/cases/party/777/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Franko Simatovic
- Charges
- Simatovic was charged with several sexual violence crimes – i.e. persecution as a crime against humanity, deportation as a crime against humanity and inhumane acts (forcible transfer) as a crime against humanity under Article 7(1) for the unlawful forcible transfer or deportation to other countries or other areas inside the country, which included rapes and other forms of sexual abuse of Croat, Bosnian Muslim, Bosnian Croat and other non-Serb civilians from locations in the SAO Krajina, SAO SBWS and territories of Bosnia and Herzegovina, in which they were lawfully present.
- Trial chamber verdict
- Simatovic was found not guilty by the Trial Chamber on 30 May 2013 on all charges, thus including the sexual violence crimes charged.
- Appeals chamber verdict
- On 15 December 2015, the Appeals Chamber ordered a retrial of the case against Simatovic (and Stanisic).
- Status
- 2778
- Case number
- IT-03-69
-
Jurisprudence judicial mechanism
ICTY - Dragoljub Ojdanic ("Sainovic et al.; previously Milutinovic et al.")
- Year
- 2009
- Issues
- Modes of Liability Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Kunarac Knowledge of the Crimes
- Reference link
- http://www.icty.org/cases/party/740/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragoljub Ojdanic ("Sainovic et al."; previously Milotinovic et al.)
- Charges
- Ojdanic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
- Trial chamber verdict
- Ojdanic was found not guilty by the Trial Chamber on 26 February 2009 of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity; - Persecution as a crime against humanity. With regard to deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity, the Trial Chamber found that, while the forcible displacements were part of the VJ and MUP organized campaign, it was not satisfied beyond reasonable doubt that sexual assaults were intended aims of this campaign. The Trial Chamber found that it was not proved that Ojdanic was aware that the VJ and MUP were going into some specific crime sites in order to commit sexual assaults and, therefore, the Trial Chamber found that the mental element of aiding and abetting was not established in relation to these crimes. Moreover, it did not find that information regarding the specific sexual assaults, for which it was provided that the VJ was responsible, was available to Ojdanic or that he had reason to know about them.
- sentencing
- Ojdanic was sentenced by the Trial Chamber to 15 years’ imprisonment on 26 February 2009 (for other charges). His sentence was not appealed.
- Status
- 2715
- Case number
- IT-05-87
-
Jurisprudence judicial mechanism
ICTY - Dario Kordic (“Kordic & Cerkez”)
- Year
- 2004
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Unclear Indictment
- Reference link
- http://www.icty.org/cases/party/705/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dario Kordic (“Kordic & Cerkez”)
- Charges
- - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assault of Witness TW21 in Vitez in April 1993, the rape in Nadioci, and the rape of Adina Jusic. - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
- Trial chamber verdict
- Kordic was found guilty by the Trial Chamber on 26 February 2001 of: - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime. Kordic was found not guilty by the Trial Chamber of: - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
- sentencing
- Kordic was sentenced by the Appeals Chamber to 25 years’ imprisonment on 17 December 2004 (for other charges).
- Appeals chamber verdict
- The Appeals Chamber reversed Kordic’s convictions for sexual violence on 17 December 2004 – i.e. inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime – as it found that the incidents of sexual violence were not charged in the indictment or proved.
- Status
- 2715
- Case number
- IT-95-14/2
-
Jurisprudence judicial mechanism
ICTY - Blagoje Simic ("Simic et al.")
- Year
- 2006
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Acquittal Forced Oral Sex Forced Nudity Rape with Foreign Objects Urination
- Reference link
- http://www.icty.org/cases/party/779/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Blagoje Simic (“Simic et al.”)
- Charges
- Persecution as a crime against humanity under Article 7(1) (JCE I), which included sexual assaults of detainees (constituting beatings and torture) of Bosnian Croat, Bosnian Muslim and non-Serb civilians in the municipality of Bosanski Samac.
- Trial chamber verdict
- Simic was found guilty by the Trial Chamber on 17 October 2003 of persecution as a crime against humanity under Article 7(1) (JCE I).
- sentencing
- Simic was sentenced by the Appeals Chamber to 15 years’ imprisonment on 28 November 2006 (for other charges).
- Appeals chamber verdict
- Although Simic 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 November 2006, with Judge Mohamed Shahabuddeen and Judge Wolfgang Schomburg dissenting.
- Status
- 2715
- Case number
- IT-95-9
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