Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 26 of 26 results.

  • Jurisprudence judicial mechanism

    ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape

    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
    Milojica Kos
    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
    Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos 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
    sentencing
    Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
    Appeals chamber verdict
    No appeal in this case.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Zejnil Delalic (Mucic et al. "Celebici Camp")

    Year
    2001
    Issues
    Modes of Liability Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Command Responsibility Prior Sexual Conduct Akayesu

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Zejnil Delalic
    Charges
    Delalic was charged with sexual violence as war crimes under Article 7(3) (command responsibility) – see the case of Zdravko Mucic for the crimes he was charged with as well (and even more).
    Trial chamber verdict
    Delalic was acquitted by the Trial Chamber of all charges on 16 November 1998, thus the sexual violence charges included, because it was not established that he had superior responsibility over Celebici prison-camp, its commander, deputy commander or guards.
    Appeals chamber verdict
    Delalic’s acquittal on all charges was affirmed by the Appeals Chamber on 20 February 2001.
    Status
    2715
    Case number
    IT-96-21

  • Literature

    Lyons, Margaret A. - Hearing the Cry without Answering the Call...

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Akayesu Genocide Soldiers Prosecution

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/sjilc28&div=7&id=&page=
    Full reference
    Lyons, Margaret A., "Hearing the Cry without Answering the Call: Rape, Genocide, and the Rwandan Tribunal", in Syracuse Journal of International Law and Commerce, 2001, vol. 28, pp. 99-124.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Lyons, Margaret A.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    ICTY - Anto Furundžija (“Lašva Valley”)

    Year
    2000
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Akayesu Penetration Coercion Forced Nudity Rape/Sexual Violence in Detention Aiding and Abetting Co-perpetration

    Reference link
    http://www.icty.org/cases/party/684/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Anto Furundžija
    Charges
    - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (co-perpetration) - Outrages upon personal dignity (including rape) as a violation of the laws or customs of war under Article 7(1) (aiding and abetting) for interrogating Witness A, who was naked, while Accused B rubbed his knife on Witness A’s inner thighs and threatened to cut out her private parts if she did not tell the truth in answer to the interrogation by Furundžija. Accused B then repeatedly raped Witness A in front of an audience of soldiers.
    Trial chamber verdict
    Furundžija was found guilty by the Trial Chamber on 10 December 1998 of: - Torture as a violation of the laws or customs of war as a war crime - Outrages upon personal dignity (including rape) as a violation of the laws or customs of war. Although Furundžija did not rape Witness A himself, the Trial Chamber found that his presence and continued interrogation of Witness A aided and abetted the crimes committed by Accused B.
    Appeals chamber verdict
    The Appeals Chamber on 21 July 2000 affirmed the convictions made by the Trial Chamber.
    Status
    2715
    Case number
    IT-95-17/1

  • Literature

    Karagiannakis, Magdalini - The Definition of Rape and Its Characterization...

    Year
    1999
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Akayesu

    Reference link
    https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/case-analysis-the-definition-of-rape-and-its-characterization-as-an-act-of-genocide-a-review-of-the-jurisprudence-of-the-international-criminal-tribunals-for-rwanda-and-the-former-yugoslavia/345293F0173D281436533267A9085638
    Full reference
    Karagiannakis, Magdalini, "The Definition of Rape and Its Characterization as an Act of Genocide – A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the former Yugoslavia", in Leiden Journal of International Law, 1999, vol. 12, no. 2, pp. 479-490.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Karagiannakis, Magdalini
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Pilch, Frances T. - The Crime of Rape in International Humanitarian Law

    Year
    1998
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Akayesu Armed Conflict Humanitarian Law International Criminal Law

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/usafa9&div=10&id=&page=
    Full reference
    Pilch, Frances T., "The Crime of Rape in International Humanitarian Law", in United States Air Force Academy Journal of Legal Studies, 1998/1999, vol. 9, pp. 99-119.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Pilch, Frances T.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Court, International Criminal Tribunal for Former Yugoslavia (ICTY)

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