Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 61 to 67 of 67 results.
  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Muhammad Azzawi Ali al-Marsumi ("Saddam Hussein Al Majeed et al.")

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Iraq
    Keywords
    Acquittal Stigmatization Threat of Rape Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Muhammad Azzawi Ali al-Marsumi
    Charges
    Al-Marsumi was indicted (on 31 July 2005) for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement. The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, al-Marsumi was acquitted on the request of the Prosecution (all the other co-accused in this case were convicted, including six for sexual violence).
    Status
    2715
    Case number
    1/E First/2005

  • 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

    Kosovo UNMIK and EULEX - Milos Jokic

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Genocidal Rape

    Reference link
    http://www.balkaninsight.com/en/article/serbs-acquitted-of-war-rapes-in-kosovo
    Type of mechanism
    District Court
    Name of mechanism
    Gjilan/Gnjilane District Court
    Name of accused
    Milos Jokic
    Charges
    Jokic was charged with genocide, including with: - the rape of a Kosovo Albanian female on 30 May 1999. On the first day of trial the prosecutor filed an amended indictment which included this allegation of rape.
    Trial chamber verdict
    The trial took place in Gjilan/Gnjilane District Court, between 15 May and 20 September 2000, before a majority local panel (with one international judge), and with a local public prosecutor, which convicted Jokic of war crimes, including rape, FRY Criminal Code 142, and sentenced him to 20 years’ imprisonment.
    Appeals chamber verdict
    On 26 April 2001 the Supreme Court reversed the conviction on the grounds that the District Court had failed to consider the evidence carefully and had failed to call Defense witnesses. The case was remanded back to the Gjilan/Gnjilane District Court. A majority international UNMIK panel and an international UNMIK prosecutor handled the retrial of the case. On 3 May 2002, the panel found Jokic not guilty on all counts on the grounds that the eye-witness identification was not credible.
    Status
    2715

  • 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.”

  • 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

    US Military Commission at Yokohama - General Soemu Toyoda

    Year
    1949
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Japan
    Keywords
    Acquittal Command Responsibility

    Reference link
    http://archiveswest.orbiscascade.org/ark:/80444/xv58850
    Type of mechanism
    Military Commission
    Name of mechanism
    US Military Commission in Tokyo
    Name of accused
    General Soemu Toyoda
    Charges
    Toyoda was charged with several war crimes, including rape, under command responsibility.
    Trial chamber verdict
    Toyoda was found not guilty and acquitted on 6 September 1949.
    Status
    2715

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