Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 67 results.

  • Jurisprudence judicial mechanism

    ICTY - Berislav Pusic ("Prlic et al.")

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability 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
    Berislav Pusic
    Charges
    Pusic 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
    Pusic was found not guilty by the Trial Chamber on 29 May 2013 for both the sexual violence charges stipulated above. For the persecution charge, the Trial Chamber could not find beyond reasonable doubt that Pusic could have foreseen the sexual abuse during eviction operations. Judge Antonetti dissenting for the rape as a crime against humanity and war crime charge.
    sentencing
    Pusic was sentenced by the Trial Chamber to 10 years’ imprisonment on 29 May 2013 (for other charges). This sentence was subsequently affirmed by the Appeals Chamber.
    Appeals chamber verdict
    On 29 November 2017, the Appeals Chamber in its judgment dismissed Pusic’s appeal in its entirety although it reversed three previous convictions against him on other grounds.
    Status
    2715
    Case number
    IT-04-74

  • 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 - 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

  • Literature

    Human Rights Watch - Justice on Trial: Lessons from the Minova Rape Case...

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Accountability Impunity Camp War Crimes Acquittal

    Reference link
    https://www.hrw.org/sites/default/files/report_pdf/drc1015_4up_0.pdf
    Full reference
    Human Rights Watch, Justice on Trial: Lessons from the Minova Rape Case in the Democratic Republic in Congo, Human Rights Watch, 2015.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Human Rights Watch

  • Jurisprudence judicial mechanism

    ICC - Mathieu Ngudjolo Chui

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Forced Marriage Forced Nudity Severance of Charges Withdrawal of Charges

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Mathieu Ngudjolo Chui
    Charges
    Initially, Chui was charged (together with Katanga) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution's Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Chui (and Katanga) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(a), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
    Trial chamber verdict
    On 18 December 2012, Trial Chamber II acquitted Chui of the charges of war crimes and crimes against humanity. It was found not proven beyond a reasonable doubt that Chui was the commander of the Lendu combatants during the attack on Bogoro in Ituri, Eastern DRC on 24 February 2003, as charged by the ICC. Rather, the evidence supported the finding that he held the role of a commander in March 2003, after the February attack on Bogoro.
    Appeals chamber verdict
    On 21 December 2012, Chui was released from custody. On 27 February 2015, the Appeals Chamber confirmed, by majority, Trial Chamber II’s decision of 18 December 2012 acquitting Chui.
    Status
    2715
    Case number
    ICC-01/04-02/12

  • 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 - 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

    ICC - Germain Katanga

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Common Purpose Forced Marriage Forced Nudity Definition of Rape Withdrawal of Charges Severance of Charges

    Reference link
    https://www.icc-cpi.int/drc/katanga
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Germain Katanga
    Charges
    Initially, Katanga was charged (together with Chui) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution’s Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Katanga (and Chui) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(d), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
    Trial chamber verdict
    The Judgement against Katanga was pronounced on 7 March 2014 and although he was convicted for several other crimes against humanity and war crimes under Article 25(3)(d), he was acquitted for the sexual violence charges. The Chamber unanimously found Katanga not guilty of contributing to the acts of sexual violence as they did not believe these crimes formed part of the common purpose of the attack, unlike the crimes of directing an attack against a civilian population, pillage, murder and destruction of property as war crimes/crimes against humanity.
    sentencing
    A total sentence of 12 years’ imprisonment was given on 23 May 2014 (for other charges).
    Appeals chamber verdict
    On 13 November 2015, a Panel of three Judges of the Appeals Chamber, specifically appointed by the Appeals Chamber, reviewed Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence was set to 18 January 2016. Decisions on possible victim reparations, which might have an impact on victims of sexual violence, will be rendered later.
    Status
    2715
    Case number
    ICC-01/04-01/07

  • Jurisprudence judicial mechanism

    ICTY - Vladimir Lazarevic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2014
    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 Knowledge of the Crimes Kunarac Specific Intent

    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
    Vladimir Lazarevic
    Charges
    Lazarevic 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
    Lazarevic was found not guilty by the Trial Chamber on 26 February 2009 of both the above stipulated charges. 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 Lazarevic 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 Lazarevic or that he had reason to know about them.
    sentencing
    Lazarevic was sentenced by the Appeals Chamber to 14 years’ imprisonment on 23 January 2014 (for other charges).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Gojko Klickovic ("Gojko Klickovic et al.")

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=74&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Gojko Klickovic
    Charges
    Klickovic was charged with, in the amended indictment of 21 August 2008, persecution as a crime against humanity of the Muslim population in Bosanska Krupa (Article 172(1)(h) of the Criminal Code of BiH) in connection with several crimes, including rape (Article 172(1)(g) and 173(1)(e)) under the JCE.
    Trial chamber verdict
    On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted Klickovic on all charges because, according to the Trial Chamber, the Prosecutor’s Office had failed to establish the existence of a widespread or systematic attack against non-Serb civilians in the municipality of Bosanska Krupa. Other reasons for the acquittal included the growing number of witnesses who had died, moved abroad or who were reluctant to testify, as well as the vague statements of the witnesses who testified. A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor’s Office and annulled the 5 November 2010 verdict.
    Appeals chamber verdict
    On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court again acquitted Klickovic of the crimes against humanity charges on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense he was charged with. Note: Klickovic was charged in this case together with Drljaca and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

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