Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 34 results.
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Marko Radic
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- Bosnia Herzegovina
- Keywords
- Child Sex Abuse/Molestation HVO Soldiers Insufficient Evidence Psychological Impact Rape Bosnian Muslim Population Accomplice Aiding and Abetting
- Reference link
- https://trialinternational.org/latest-post/marko-radic/
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Marko Radic
- Charges
- Radic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1), (2) and (3) of the Criminal Code of BiH (individual and command responsibility), for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
- Trial chamber verdict
- On 20 February 2009, the Court pronounced the first-instance verdict finding the Radic guilty of crimes against humanity, including rape.
- sentencing
- Radic was sentenced to 21 years’ imprisonment.
- Appeals chamber verdict
- Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Radic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH. In absence of sufficient evidence, under this verdict, Radic was acquitted of charges that he personally raped Witness AG.
- Status
- 2715
- Case number
- X-KRŽ-05/139
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Mirko Vracevic
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- Bosnia Herzegovina
- Keywords
- Sexual Violence, Torture Sentencing Rape, Torture HVO Soldiers Accomplice Aiding and Abetting
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1199
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Mirko Vracevic
- Charges
- Vracevic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH, for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
- Trial chamber verdict
- On 20 February 2009, the Court pronounced the first-instance verdict finding the Vracevic guilty of crimes against humanity, including rape. Vracevic was sentenced to 14 years’ imprisonment.
- sentencing
- Vracevic was sentenced to 12 years’ imprisonment.
- Appeals chamber verdict
- Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Vracevic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH.
- Status
- 2715
- Case number
- KT-RZ 200/06 (Court Number X-KRN-06/300)
-
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
District Court in Belgrade (War Crimes Chamber) - Anton Lekaj
- Year
- 2007
- Issues
- Sexual Violence against Men Sexual Violence against Children
- Country
- Serbia
- Keywords
- Co-perpetration Common Objective of JCE Aiding and Abetting Sexual Violence against Men/Boys
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1047
- Type of mechanism
- Domestic court
- Name of mechanism
- District Court in Belgrade (War Crimes Chamber)
- Name of accused
- Anton Lekaj
- Charges
- Lekaj was charged on 7 July 2005 with war crimes against civilians, including sexual assaults, including rape recognized by Article 142(1) of the Basic Penal Code in relation to Article 22 of the Basic Penal Code. Lekaj was held responsible as a co-perpetrator. Lekaj, as a member of the ‘Cipat’ group, aided and abetted KLA members in the realization of their joint plan to achieve full KLA control over the territory of Kosovo and Metohija and to expel all non-Albanians from the region. In particular, between 12 and 15 of June 1999, Lekaj, together with other members of the KLA, detained 13 non-Albanian civilians and transferred them to premises in the Pastrik Hotel. The 13 civilians were beaten, tortured, sexually abused, and some of them were even killed. The sexual abuse included a case of rape of a minor (together with another person) and the rape of a man (anal and oral). The crimes were held to have been committed in 1999 in the ?akovica municipality in the Autonomous Province of Kosovo and Metohija.
- Trial chamber verdict
- On 18 September 2006, he was found guilty for war crimes against civilians, including rape.
- sentencing
- Lekaj was sentenced to 13 years’ imprisonment.
- Appeals chamber verdict
- On 6 April 2007, the High Court of Serbia also found Lekaj guilty and upheld the 13 years’ sentence.
- Status
- 2715
-
Jurisprudence judicial mechanism
ICTR - Mikaeli Muhimana
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Aiding and Abetting Physical Invasion Rape as Crime Against Humanity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-95-1b
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Mikaeli Muhimana
- Charges
- - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for raping Tutsi women and one Hutu woman he believed to be a Tutsi. - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) for the rapes of 5 women and girls (4 Tutsi women and 1 Hutu woman whom he mistakenly believed was a Tutsi); and (aiding and abetting) the rapes of 5 Tutsi women and girls.
- Trial chamber verdict
- Muhimana was found guilty by the Trial Chamber on 28 April 2005 of:- Causing serious bodily or mental harm as genocide - Rape as a crime against humanity
- sentencing
- Muhimana received a sentence of life imprisonment.
- Appeals chamber verdict
- The Appeals Chamber on 21 May 2007 reversed, with Judges Shahabuddeen and Schomburg dissenting, Muhimana’s conviction for rape as a crime against humanity in so far it concerned the rapes of two women, Mukashyaka and Kamukina (already taken out above). The other rapes as crimes against humanity were affirmed by the Appeals Chamber.
- Status
- 2715
- Case number
- ICTR-95-1B
-
Jurisprudence judicial mechanism
ICTY - Dragan Zelenovic (“Foca”)
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Sexual Assault/Attack/Abuse Humiliating and Degrading Treatment Aiding and Abetting Co-perpetration
- Reference link
- http://www.icty.org/cases/party/794/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragan Zelenovic
- Charges
- - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rape of witness FWS-75 (aiding and abetting) and for raping Witness FWS-87 (committing). - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rapes of witness FWS-87 and two unidentified women (co-perpetration) and for raping Witnesses FWS-75 and FWS-87 three times (committing). - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rape of witness FWS-87 (committing).-Rape as a crime against humanity under Article 7(1) for the rapes of witness FWS-75 and two unidentified women (co-perpetration) and for raping Witness FWS-87 (committing).
- Trial chamber verdict
- Zelenovic entered a guilty plea to several counts in the indictment on 17 January 2007, which included several charges related to sexual violence. Zelenovic was therefore found guilty of: - (a) Torture as a crime against humanity and rape as a crime against humanity. - (b) Torture as a crime against humanity and rape as a crime against humanity. - (c) Torture as a crime against humanity and rape as a crime against humanity . - (d) Rape as a crime against humanity. Zelenovic was therefore found not guilty of: - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (a) above. - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (b) above. - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (c) above. - Rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (d) above.
- sentencing
- Zelenovic was sentenced to 15 years’ imprisonment on 31 October 2007.
- Status
- 2715
- Case number
- IT-96-23/2
-
Jurisprudence judicial mechanism
ICTY - Miroslav Bralo (“Lasva Valley”)
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Rape/Sexual Violence in Detention Biting Ejaculating HVO Soldiers Aiding and Abetting
- Reference link
- http://www.icty.org/cases/party/671/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Miroslav Bralo
- Charges
- - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (committing and aiding and abetting) for repeatedly raping Witness A and biting her nipples while Furundžija interrogated her in the presence of others on, or about, 15 May 1993 and for confining her in a house in the area of Nadioci where she was repeatedly raped by members of the “Jokers” with the knowledge of Bralo between 16 May 1993 and July 1993.
- Trial chamber verdict
- Bralo entered a guilty plea to all counts in the indictment on 19 July 2005. Bralo was found guilty by the Trial Chamber of: - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Bralo was sentenced to 20 years’ imprisonment on 2 April 2007.
- Status
- 2715
- Case number
- IT-95-17
-
Jurisprudence judicial mechanism
ICTR - Jean Mpambara
- Year
- 2006
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Acquittal Genocidal Rape Hutu Tutsi Joint Criminal Enterprise (JCE) Aiding and Abetting
- Reference link
- http://www.unictr.org/en/cases/ictr-01-65
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Jean Mpambara
- Charges
- Mpambara was charged with the following sexual violence crimes: Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 6(1) (aiding and abetting by omission or, alternatively, JCE III) for acts of sexual violence committed against Tutsi women between 6 and 16 April 1994, including: (i) the rape of a Tutsi woman by two attackers in Gahini sector, in Rukara commune, on or about 8 April 1994; (ii) the rape of a pregnant Hutu woman married to a Tutsi man by multiple attackers in Nyawera sector, in Rukara commune, on or about 11 April 1994; and (iii) the rapes of a number of Tutsi women by soldiers during the attacks on Rukara parish between 7 and 16 April 1994.
- Trial chamber verdict
- Mpambara was found not guilty of all charges by the Trial Chamber on 12 September 2006, thus including sexual violence, and was acquitted.
- Appeals chamber verdict
- The Prosecution did not appeal the acquittal.
- Status
- 2715
- Case number
- ICTR-01-65
-
Jurisprudence judicial mechanism
Iraqi High Tribunal - Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)
- Year
- 2006
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Iraq
- Keywords
- Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame 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
- Abdullah Kadhim Ruwayid
- Charges
- Ruwayid 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, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
- sentencing
- Abdullah Ruwayid received a sentence of 15 years’ imprisonment.
- Status
- 2715
- Case number
- 1/E First/2005
-
Jurisprudence judicial mechanism
Iraqi High Tribunal - Ali Dayeh Ali (“Saddam Hussein Al Majeed et al.”)
- Year
- 2006
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Iraq
- Keywords
- Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame 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
- Ali Dayeh Ali
- Charges
- Ali 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, Ali was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
- sentencing
- Ali received a sentence of 15 years’ imprisonment.
- Status
- 2715
- Case number
- 1/E First/2005
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