Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 51 to 60 of 67 results.

  • 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

    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

  • 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 - 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

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