Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 67 results.

  • Literature

    Buss, Doris E. - Learning Our Lessons?...

    Year
    2010
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accountability Conviction Acquittal Prosecution

    Reference link
    https://www.routledge.com/Rethinking-Rape-Law-International-and-Comparative-Perspectives/McGlynn-Munro/p/book/9780203852194
    Full reference
    Buss, Doris, "Learning Our Lessons? The Rwanda Tribunal Record on Prosecuting Rape’", in Vanessa Munro and Clare McGlynn, Rethinking Rape Law: International and Comparative Perspectives, Routledge, 2010, pp. 61-75.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Buss, Doris E.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • 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

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zeljko Lelek

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Cigarette Burns Female Genital Cutting Genitalia Accomplice Psychological Impact

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1048
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zeljko Lelek
    Charges
    Lelek was charged on 16 November 2006 (confirmed on 20 November 2006) with persecution as a crime against humanity, including rape (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility) of the Criminal Code of BiH, for committing rape and other crimes in the area of the Višegrad Municipality against the Bosniak civilian population of the Višegrad Municipality in the period between April and June 1992. According to the indictment, in this period, together with Milan Lukic, Lelek raped a female person, who had been stripped naked and tied to the metal bed frame by an unidentified soldier, on orders from Milan Lukic. Lelek and Lukic allegedly abused the woman physically by putting out cigarettes on her body, stabbing her with a knife and cutting her in the genital area, while subjecting her to psychological abuse. The indictment further alleges that the Accused and others raped this person on daily basis over a period of ten days during which she was held captive. During the month of June 1992, the Accused allegedly raped several other women who were held in unlawful captivity.
    Trial chamber verdict
    On 23 May 2008, the Court handed down its first-instance verdict finding Lelek guilty of persecution as a crime against humanity, including rape. Lelek was found guilty of using force to coerce Bosniak women to sexual intercourse and other forms of severe sexual violence. Lelek was, however, acquitted of the charges that he, on an unspecified date in the summer of 1992, in a group with Mitar Vasiljevic and three other unidentified men, raped two Bosniak women in the Vilina vlas spa in April and June 1992 because based on the evidence adduced before the Court it could not be established that Lelek committed the crimes in question.
    sentencing
    Lelek was sentenced to 16 years’ imprisonment after the Appellate Panel revised his sentence.
    Appeals chamber verdict
    On 12 January 2009 the Appellate Panel modified the first-instance verdict in its sentencing part. Lelek was subsequently sentenced to 16 years’ imprisonment. The conviction was upheld.
    Status
    2715
    Case number
    (X-KRŽ-06/202)

  • 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 - 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 - 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 - 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

    ICTR - Gratien Kabiligi (Bagasora et al. "Military I")

    Year
    2008
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Persecution on Sexual Grounds Tutsi Military

    Reference link
    http://unictr.irmct.org/en/cases/ictr-98-41
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Gratien Kabiligi
    Charges
    Kabiligi had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture; and (ii) the sexual assault of Prime Minister Agathe Uwilingiyimana.
    Trial chamber verdict
    Kabiligi was acquitted by the Trial Chamber on 18 December 2008 on all counts, thus including the sexual violence charges. The Trial Chamber did not find that he was directly involved in any of the specific criminal events alleged. In addition, the evidence did not show that his subordinates committed crimes when Kabiligi exercised effective control over them.
    Appeals chamber verdict
    The Prosecution did not appeal these sexual violence acquittals.
    Status
    2715
    Case number
    ICTR-98-41

  • 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

    Oslo District Court - Mirsad Repak

    Year
    2008
    Issues
    Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Norway
    Keywords
    Acquittal Domestic Law Humiliating and Degrading Treatment Rape/Sexual Violence in Detention Complicity Reparation Detention Centers Foreseeable Consequence

    Reference link
    http://www.internationalcrimesdatabase.org/Case/36
    Type of mechanism
    Domestic court
    Name of mechanism
    Oslo District Court
    Name of accused
    Mirsad Repak
    Charges
    Repak was charged with crimes against humanity and war crimes, which both included sexual violence (including of both women and men) under Article 97 of the Norwegian Constitution.
    Trial chamber verdict
    The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, including rape (paras. 158-164), but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992.
    sentencing
    Repak was sentenced to five years’ imprisonment.
    Appeals chamber verdict
    On 11 March 2010, the Norway Court of Appeal reduced Repak’s sentence from 5 to 4,5 years’ imprisonment. On 3 December 2010 the Supreme Court of Norway overturned the conviction against Repak and finally released him. The Supreme Court ruled that the Law on War Crimes of March 2008 could not be applied retroactively to acts committed in 1992. The Court concluded that the retroactive application of the Law on War Crimes would violate Article 97 of the Norwegian Constitution. He was thus acquitted for the charges of war crimes. However, on 14 April 2011, the Supreme Court of Norway found him guilty for unlawful deprivation of liberty and detention of civilians in violation of Section 223(1) and (2) of the 1905 Norwegian Penal Code and sentenced him to eight years in prison. Repak was found guilty on thirteen counts. The indictment charged him with taking part in depriving civilians of liberty and detaining them at the Dretelj detention camp and severe mistreatment of detainees, including sexual abuse, brutal violence, intimidation and humiliation, and deprivation of adequate access to food. The Court concluded that Repak had acted with intent or complicity in the offences, or alternatively could have foreseen the consequences regarding the atrocities suffered by the victims, a level sufficient to find guilt under Section 43 of the Penal Code. According to the sentencing Judge, Repak ‘played a central role in allowing the extensive and sometimes extremely brutal atrocities against the 13 victims to take place’.
    Status
    2715
    Case number
    08-018985MED-OTIR/08
    Reparations / awards
    Repak was ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims. However, as far as compensation to victims of sexual violence is concerned, the Court ruled that “As regards compensation of economic loss, it is essential for the Court to emphasize that the defendant is only liable for damages where there is a causal relationship between the acts of the defendant and the damage. This means that the defendant is not liable to pay compensation for the extensive damage caused by rapes and gross violence committed by others.”

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