Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 67 results.

  • Jurisprudence judicial mechanism

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

    Year
    2013
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Insufficient Evidence Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=130&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Mladen Drljaca
    Charges
    Drljaca was charged, in the amended indictment of 21 August 2008, with 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 Drljaca 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 Drljaca 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: Drljaca was charged in this case together with Klickovic and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Djordje Bojkovic ("Dejanovic and Bojkovic")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Unreliable Testimony

    Reference link
    Link 1 Link 2 Link 3
    Type of mechanism
    Supreme Court
    Name of accused
    Djordje Bojkovic
    Charges
    Bojkovic was charged with war crimes, including: - Rape for raping V.K., a Kosovo Albanian female civilian abducted by Dejanovic.
    Trial chamber verdict
    The case was prosecuted by EULEX special prosecutors from the Special Prosecution Office of Kosovo before the Kosovo Supreme Court. On 17 April 2013, Bojkovic was found not guilty of the war crime of rape.
    sentencing
    Bojkovic was however found guilty of unauthorized ownership, control, possession or use of weapons, and was sentenced to one year and six months of imprisonment.
    Status
    2715

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Jovica Dejanovic ("Dejanovic and Bojkovic")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Unreliable Testimony Credibility or Character of the Victim

    Reference link
    Link 1 Link 2 Link 3
    Type of mechanism
    Supreme Court
    Name of accused
    Jovica Dejanovic
    Charges
    Dejanovic was charged with war crimes, including: - Rape for raping a Kosovo Albanian civilian who was 16 at the time of the alleged incident on April 14, 1999, during the conflicts in Kosovo-Metohija.
    Trial chamber verdict
    The case was prosecuted by EULEX special prosecutors from the Special Prosecution Office of Kosovo before the Kosovo Supreme Court. On 17 April 2013, Dejanovic was found not guilty of all charges, including the war crime of rape.
    Status
    2715

  • Jurisprudence judicial mechanism

    Superior Court of Justice, Ontario - Jacques Mungwarere

    Year
    2013
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda, Canada
    Keywords
    Acquittal

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Superior Court of Justice, Ontario
    Name of accused
    Jacques Mungwarere
    Charges
    Mungwarere was charged on 26 May 2010, with four counts including, two counts of genocide, crimes against humanity (murder and sexual violence) and war crimes (murder and sexual violence), under the Canadian Crimes Against Humanity and War Crimes Act.
    Trial chamber verdict
    On 5 July 2013, the Superior Court of Ontario found Mungwarere not guilty of all charges. Justice Michel Charbonneau ruled that although he did not give credibility to Mungwarere’s testimony, the Crown had not proven its case beyond a reasonable doubt. Not appealed.
    Status
    2715
    Case number
    2011 CSON 1254

  • Jurisprudence judicial mechanism

    ICC - Callixte Mbarushimana

    Year
    2012
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040110/Pages/icc01040110.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Callixte Mbarushimana
    Charges
    Mbarushimana was charged in a warrant of arrest of 28 September 2010 with crimes against humanity and war crimes to have been committed in the provinces of North and South Kivu in the DRC, including: - Rape as a crime against humanity; - Rape as a war crime (Article8(2)(b)(xxii) or 8(2)(e)(vi)). Both for having committed these acts of rape in the villages of Busheke in Kalehe territory, South Kivu; Miriki in Lubero territory, North Kivu; Pinga in Masisi territory, North Kivu; Remeka in Ufamandu groupement, Walikale territory, North Kivu; Busurungiin Walikale territory, North Kivu; and Manjein Masisi territory, North Kivu). Both under Article 25(3)(d). On 16 December 2011, Pre-Trial Chamber I decided by majority to decline to confirm the charges against Mbarushimana as there was not sufficient evidence to establish substantial grounds to believe that he could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for the counts of war crimes and crimes against humanity charged. Mbarushimana was released from the ICC’s custody on 23 December 2011.
    Appeals chamber verdict
    On 30 May 2012, the Appeals Chamber decided unanimously to dismiss the Prosecution’s appeal against the decision of Pre-Trial Chamber I, declining to confirm the charges against Mbarushimana. The OTP is considering whether it can bring a new case against Mbarushimana.
    Status
    2715
    Case number
    ICC-01/04-01/10

  • Jurisprudence judicial mechanism

    ICTR - Idelphonse Hategekimana

    Year
    2012
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Genocidal Rape Tutsi Acquittal Command Responsibility Genocidal Intent

    Reference link
    http://www.unictr.org/en/cases/ictr-00-55b
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Idelphonse Hategekimana
    Charges
    - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rape of Nura Sezirahiga by a soldier from Ngoma Military Camp, during an attack led by Hategekimana.- Causing serious bodily or mental harm as genocide under Article 6(1) (JCE) for the sexual violence.
    Trial chamber verdict
    Hategekimana was found guilty by the Trial Chamber on 6 December 2010 of: - Rape as a crime against humanity Hategekimana was found not guilty by the Trial Chamber of: - Causing serious bodily or mental harm as genocide as the Trial Chamber found that the evidence did not establish that Nura Sezirahiga was a Tutsi or that she was raped with genocidal intent.
    sentencing
    Hategekimana was sentenced to life imprisonment.
    Appeals chamber verdict
    Hategekimana’s acquittal for genocide was not appealed by the prosecution. The Appeals Chamber on 8 May 2012 confirmed the conviction for sexual violence by the Trial Chamber.
    Status
    2715
    Case number
    ICTR-00-55B

  • 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 - 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

  • 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

    District Court of The Hague - Joseph Mpambara

    Year
    2011
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Netherlands, Rwanda
    Keywords
    Acquittal Corroboration Lack of Jurisdiction Nexus with Armed Conflict

    Reference link
    http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHSGR:2011:BR0686
    Type of mechanism
    District Court
    Name of accused
    Joseph Mpambara
    Charges
    Mpambara was charged with multiple crimes, including: - Rape as a war crime for the raping and attempting to rape a number of women.
    Trial chamber verdict
    On 23 March 2009, the District Court of The Hague convicted Mpambara of complicity in torture, but dismissed charges of war crimes, including rape (no sufficient link between his acts and an armed conflict was established) and genocide (due to a lack of jurisdiction).
    sentencing
    Mpambara was initially sentenced to 20 years' imprisonment, however, this was increased to life imprisonment by the Court of Appeal.
    Appeals chamber verdict
    On 7 July 2011, the Court of Appeal, however, disagreed and found that a sufficient link between his acts and an armed conflict was established. Mpambara was therefore found guilty, in addition to torture, of war crimes and sentenced to life imprisonment. However, there were no convictions for the two rape charges. The Prosecution had not appealed the rape charge and/or the Court of Appeal held that there was not sufficient evidence to sustain the rape claims (no corroboration).
    Status
    2715
    Case number
    22-002613-09

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