Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 41 to 50 of 67 results.
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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 - 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 - 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 - 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 - 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 - 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
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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 - Miroslav Kvocka (“Kvocka et al.”)
- Year
- 2005
- Issues
- Modes of Liability Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Forced to watch Rape Forced Nudity Foreseeable Consequence Mental Harm Persecution on Sexual Grounds Kunarac
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Miroslav Kvocka (“Kvocka et al.”)
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp; - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Kvocka was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity. Kvocka was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- sentencing
- Kvocka was sentenced by the Appeals Chamber to 7 years’ imprisonment on 28 February 2005 (for other charges).
- Appeals chamber verdict
- Although Kvocka 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 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
-
Jurisprudence judicial mechanism
ICTY - Miroslav Radic ("Mrksic et al.")
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Sexual Violence as Genocide
- 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
- Miroslav Radic ("Mrksic et al.")
- Charges
- Radic was charged with: - 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. - 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.
- Trial chamber verdict
- Radic was found not guilty by the Trial Chamber on 27 September 2007 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); - Persecution as a crime against humanity under Article 7(1) (JCE). In fact, Radic was acquitted by the Trial Chamber of all charges against him, thus also the sexual violence charges, on 27 September 2007.
- 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
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