Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 7 results.
-
Literature
Bassiouni, M. Cherif and McCormick, Marci - Sexual Violence: An Invisible Weapon of War
- Year
- 1996
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Ethnic Cleansing Command Responsibility Media Responsibility Bosnian Muslim Population
- Reference link
- http://mcherifbassiouni.com/wp-content/uploads/Sexual-Violence-an-Invisible-Weapon-of-War.pdf
- Full reference
- Bassiouni, M. Cherif and Marci McCormick, Sexual Violence: An Invisible Weapon of War in the former Yugoslavia, Occasional Paper No. 1, Chicago, IL: International Human Rights Institute, 1996.
- Type of literature
- Grey Literature
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Bassiouni, M. Cherif and McCormick, Marci
- Type of mechanism
- Hybrid court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
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) - Dragan Damjanovic
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Bosnia Herzegovina
- Keywords
- Rape Bosnian Muslim Population Sexual Violence
- Reference link
- http://www.internationalcrimesdatabase.org/Case/983
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Dragan Damjanovic
- Charges
- Damjanovic was charged (confirmed on 29 March 2006) with crimes against humanity, including rape and other forms of sexual violence of comparable gravity, committed between July 1992 and January 1993, during a widespread and systematic attack of the Republika Srpska Army directed against the Bosnian Muslims living in the Vogosca area, Bosnia and Herzegovina.
- Trial chamber verdict
- On 15 December 2006, the Trial Panel found Damjanovic guilty of crimes against humanity, including rape, including for breaking into the house of a married couple, in September 1992 together with two others, where they harassed and beat them. Damjanovic then raped the wife.
- sentencing
- Damjanovic was sentenced to 20 years’ imprisonment
- Appeals chamber verdict
- Conviction upheld on appeal on 13 June 2007.
- Status
- 2715
- Case number
- X-KRZ-05/51
-
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
ICTY - Mico Stanisic (“Stanisic & Zupljanin”)
- Year
- 2016
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Torture Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Joint Criminal Enterprise (JCE)
- Reference link
- http://www.icty.org/cases/party/783/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Mico Stanisic
- Charges
- - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
- Trial chamber verdict
- Stanisic was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity. - Torture and murder as violations of the laws or customs of war as a war crime Stanisic was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity.
- sentencing
- Stanisic was sentenced by the Trial Chamber to 22 years’ imprisonment on 30 June 2016.
- Appeals chamber verdict
- The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
- Status
- 2715
- Case number
- IT-08-91
-
Jurisprudence judicial mechanism
ICTY - Stojan Župljanin (“Stanišic & Župljanin”)
- Year
- 2016
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Acquittal Joint Criminal Enterprise (JCE)
- Reference link
- http://www.icty.org/cases/party/783/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Stojan Župljanin
- Charges
- - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
- Trial chamber verdict
- Župljain was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Župljain was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity (similar as above under ‘torture’).
- sentencing
- Župljain was sentenced to 22 years’ imprisonment on 30 June 2016.
- Appeals chamber verdict
- The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
- Status
- 2715
- Case number
- IT-08-91
-
Literature
Kuo, Peggy - Prosecuting Crimes of Sexual Violence...
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Mass Rape NGO Prosecution Bosnian Muslim Population Support Program
- Reference link
- https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1467&context=jil
- Full reference
- Kuo, Peggy, "Prosecuting Crimes of Sexual Violence in an International Tribunal", in Case Western Reserve Journal of International Law, 2002, vol. 34, no. 3, pp. 305-321.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Kuo, Peggy
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
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