Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 34 results.
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Damir Brekalo
- Year
- 2011
- Issues
- Sexual Violence against Children Modes of Liability
- Country
- Bosnia Herzegovina
- Keywords
- Sentencing Rape, Physical and Mental Harm Rape HVO Soldiers Accomplice Aiding and Abetting Bosnian Muslim Population
- 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
- Damir Brekalo
- Charges
- Brekalo 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 Brekalo guilty of crimes against humanity, including rape. Brekalo was sentenced to 20 years’ imprisonment.
- sentencing
- Brekalo was sentenced to 20 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 Brekalo 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
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
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
ECCC - Ieng Sary (“Nuon Chea et al.”)
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Cambodia
- Keywords
- Aiding and Abetting Coercion Common Purpose Consent Forced Marriage Death of Accused Ordering/Instigating Severance of Charges
- Reference link
- https://www.eccc.gov.kh/en/indicted-personpage/ieng-sary
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Ieng Sary
- Charges
- Ieng Sary was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
- Trial chamber verdict
- However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. The proceedings against Ieng Sary were, however, terminated on 14 March 2013, following his death the same day.
- Status
- 2715
- Case number
- Case 002
-
Jurisprudence judicial mechanism
ECCC - Ieng Thirith (“Nuon Chea et al.”)
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Female Perpetrators of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Cambodia
- Keywords
- Aiding and Abetting Coercion Common Purpose Consent Death of Accused Ordering/Instigating Severance of Charges
- Reference link
- https://www.eccc.gov.kh/en/indicted-personpage/ieng-thirith
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Ieng Thirith
- Charges
- Ieng Thirith was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29 (new) of the ECCC Law.
- Trial chamber verdict
- However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. However, Ieng Thirith was found unfit to stand trial, and the Trial Chamber stayed the proceedings against her. She was released from provisional detention on 16 September 2012. The Supreme Court Chamber subsequently imposed a regime of judicial supervision. Ieng Thirith died on 22 August 2015.
- Status
- 2715
- Case number
- Case 002
-
Jurisprudence judicial mechanism
East Timor - Egidio Manek et al.
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- East Timor
- Keywords
- Aiding and Abetting Definition of Rape Consent Accused at large
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1061/Manek-et-al/
- Type of mechanism
- District Court
- Name of mechanism
- Special Panels for Serious Crime Panels in East Timor (SPSC)
- Name of accused
- Egidio Manek et al.
- Charges
- Of the 14 indicted, four individuals were charged with rape as a crime against humanity (Section 5(1)(g) UNTAET Regulation 2000/15), namely Egidio Manek (Deputy Commander), Olivio Tatoo Bau (member of the Laksaur militia, Tilomar/Salele), Americo Bau (or Mali) (idem), and Gabriel Nahak (member of the Laksaur militia, Leogore, Suai Kota). All under Section 14 UNTAET Regulation 2000/15 (committing, ordering, soliciting or inducing, aiding, abetting or otherwise assisting). However, the indictment never led to any trial before a court in East Timor, owing to the continued absence of the accused from the country. Accused at large. There is no final decision in this case and the Special Panel was closed down in 2005.
- Status
- 2715
- Case number
- 09/CG/TDD/2003
-
Jurisprudence judicial mechanism
ICC - Charles Ble Goude (“Laurent Gbagbo and Charles Ble Goude”)
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Côte d’Ivoire
- Keywords
- Aiding and Abetting Ordering/Instigating Post-election Violence Rape as Crime Against Humanity
- Reference link
- https://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0211/related%20cases/icc-02_11-01_15/Pages/default.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Charles Ble Goude
- Charges
- Ble Goude is accused, in the warrant of arrest (unsealed on 30 September 2013) of four counts of crimes against humanity, including: - Rape as a crime against humanity, allegedly committed in the context of post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011, as an indirect co-perpetrator pursuant to Article 25(3)(a) of the Rome Statute. In the Decision on the Confirmation of Charges of 11 December 2014, the following was confirmed: - Rape as a crime against humanity for the rape of at least 38 persons, committed by pro-Gbagbo forces. Ble Goude is responsible alternatively, as detailed below, under article 25(3)(a) (indirect co-perpetration), 25(3)(b) (ordering, soliciting or inducing), 25(3)(c) (aiding, abetting or otherwise assisting) or 25(3)(d) of the Statute: - under article 25(3)(a), (b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 22 women committed on or around 12 April 2011 in Yopougon commune, Abidjan; - under article 25(3)(b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 16 women and girls committed between 16 and 19 December 2010 during and after the pro-Ouattara march heading to the RTI headquarters.
- Trial chamber verdict
- On 11 March 2015, Trial Chamber I joined his case and the one of Laurent Gbagbo in order to ensure the efficacy and expeditiousness of the proceedings. On 23 July 2018, Defence Counsel filed a “No case to answer motion” (“the Motion”) on grounds that the Prosecution had not adduced sufficient evidence to sustain a conviction. Following this motion, the Trial Chamber I of the ICC by majority, on 15 January 2019, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d'Ivoire in 2010 and 2011. The Chamber concluded after assessing the evidence that the Prosecutor had not furnished the court with sufficient evidence to establish the requisite elements for establishing the liability of Mr Gbagbo and Mr. Blé for the crimes charged.
- Appeals chamber verdict
- Following an appeal by the Prosecutor, the Appeals chamber amended the conditions of release, although it stuck to the previous decision to acquit the accused from all charges. On 1 February 2019, the Appeals Chamber pronounced the conditions for the release of Mr Gbagbo and Mr Blé Goudé to a State that is willing to accept them on its territory and willing and able to enforce the conditions set by the Chamber and amended them on 21 February 2019.
- Status
- 2778
- Case number
- ICC-02/11-01/15
-
Jurisprudence judicial mechanism
ICTR - Arsène Shalom Ntahobali (Nyiramasuhuko et al. "Butare")
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
- Country
- Rwanda
- Keywords
- Forced Nudity Undue Delay Fair Trial Aiding and Abetting Ordering/Instigating Direct Commission Rape as Crime Against Humanity
- Reference link
- http://www.unictr.org/en/cases/ictr-98-42
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Arsène Shalom Ntahobali
- Charges
- - Rape as a crime against humanity and outrages upon personal dignity as a violation of article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) for: (i) raping a Tutsi girl at the roadblock near his hotel (committing); (ii) raping Tutsi women (committing), ordering Interahamwe to rape Tutsi women (ordering), and aiding and abetting the rapes of Tutsi women at the Butare prefecture office (aiding and abetting). - Sexual violence as genocide, persecution as a crime against humanity and violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime, and other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
- Trial chamber verdict
- Ntahobali was found guilty by the Trial Chamber on 24 June 2011 of: - Rape as a crime against humanity and - Outrages upon personal dignity as a violation of article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Ntahobali was found not guilty of: - Sexual violence as genocide; - Persecution as a crime against humanity; - Violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime; - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
- sentencing
- Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
- Appeals chamber verdict
- On 14 December 2015, the Appeals Chamber upheld most of the findings in respect of the sexual violence conviction ((i) killing a Tutsi girl he had first raped at the Hotel Ihuliro roadblock in late April 1994; (ii) raping a Tutsi girl near the Hotel Ihuliro roadblock in late April 1994 as well as Witness TA during two attacks in May 1994 at the prefectural office; (iii) ordering the rape of Witness TA at the prefectural office during an attack in the last of half of May 1994; and (iv) aiding and abetting the rapes of Witness TA at the prefectural office in June 1994), except - having found errors in the Trial Chamber’s reasoning – for (i) raping Tutsi women, other than Witness TA, at the Butare Prefecture Office; and (ii) ordering the rapes of six Tutsi women, other than Witness TA, at the Butare Prefecture Office during an attack in the last half of May 1994. Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
- Status
- 2715
- Case number
- ICTR-98-42
-
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
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