Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 34 of 34 results.

  • Jurisprudence judicial mechanism

    ICTY - Nikola Sainovic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Extended Joint Criminal Enterprise Foreseeable Consequence Definition of Sexual Assault 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
    Nikola Sainovic
    Charges
    Sainovic 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), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    The Trial Chamber, with Judge Ali Nawaz Chowhan partly dissenting, held that it was not established that the sexual assault charges that were proven (in Beleg and Cirez/Qirez) were reasonably foreseeable to Sainovic and that he lacked knowledge of these crimes.
    sentencing
    Sainovic was sentenced by the Appeals Chamber to 18 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber on 23 January 2014, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Sainovic not guilty for committing through his participation in a JCE persecution, through sexual assaults, as a crime against humanity in Beleg, Cirez/Qirez, and Pristina/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • 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

  • 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

    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

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