Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 4 results.
  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Radmilo Vukovic

    Year
    2008
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Consent Credibility or Character of the Victim Unreliable Testimony Forced Impregnation

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=35&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Radmilo Vukovic
    Charges
    Vukovic was charged in the indictment of 12 October 2006 (confirmed on 13 October 2006) with war crimes against civilians, in particular with the crime of rape as a war crime (in violation of Article 173(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH)). Vukovic allegedly raped a woman on several occasions in the municipality of Foca in southeastern Bosnia and Herzegovina. The woman gave birth to a child after she was expelled from the area.
    Trial chamber verdict
    On 16 April 2007, the Trial Panel found Vukovic guilty of war crimes against civilians, including rape, and sentenced him to 5,5 years’ imprisonment.
    Appeals chamber verdict
    On 31 August 2007, the Appellate Panel upheld the appeals filed, revoked the first-instance verdict, and ordered a re-trial. On 13 August 2008, the Appeals Panel of the War Crimes section of the Court of Bosnia and Herzegovina found Vukovic not guilty of all charges, including the charge of rape as a war crime, because the main piece of evidence provided by the victim and presented before the Appellate Panel contained inconsistencies. Therefore, it could not be established beyond reasonable doubt that Vukovic raped the woman.
    Status
    2715
    Case number
    X-KRZ-05/217

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Djordje Bojkovic ("Dejanovic and Bojkovic")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Unreliable Testimony

    Reference link
    Link 1 Link 2 Link 3
    Type of mechanism
    Supreme Court
    Name of accused
    Djordje Bojkovic
    Charges
    Bojkovic was charged with war crimes, including: - Rape for raping V.K., a Kosovo Albanian female civilian abducted by Dejanovic.
    Trial chamber verdict
    The case was prosecuted by EULEX special prosecutors from the Special Prosecution Office of Kosovo before the Kosovo Supreme Court. On 17 April 2013, Bojkovic was found not guilty of the war crime of rape.
    sentencing
    Bojkovic was however found guilty of unauthorized ownership, control, possession or use of weapons, and was sentenced to one year and six months of imprisonment.
    Status
    2715

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Jovica Dejanovic ("Dejanovic and Bojkovic")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Unreliable Testimony Credibility or Character of the Victim

    Reference link
    Link 1 Link 2 Link 3
    Type of mechanism
    Supreme Court
    Name of accused
    Jovica Dejanovic
    Charges
    Dejanovic was charged with war crimes, including: - Rape for raping a Kosovo Albanian civilian who was 16 at the time of the alleged incident on April 14, 1999, during the conflicts in Kosovo-Metohija.
    Trial chamber verdict
    The case was prosecuted by EULEX special prosecutors from the Special Prosecution Office of Kosovo before the Kosovo Supreme Court. On 17 April 2013, Dejanovic was found not guilty of all charges, including the war crime of rape.
    Status
    2715

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Milos Jokic

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Genocidal Rape

    Reference link
    http://www.balkaninsight.com/en/article/serbs-acquitted-of-war-rapes-in-kosovo
    Type of mechanism
    District Court
    Name of mechanism
    Gjilan/Gnjilane District Court
    Name of accused
    Milos Jokic
    Charges
    Jokic was charged with genocide, including with: - the rape of a Kosovo Albanian female on 30 May 1999. On the first day of trial the prosecutor filed an amended indictment which included this allegation of rape.
    Trial chamber verdict
    The trial took place in Gjilan/Gnjilane District Court, between 15 May and 20 September 2000, before a majority local panel (with one international judge), and with a local public prosecutor, which convicted Jokic of war crimes, including rape, FRY Criminal Code 142, and sentenced him to 20 years’ imprisonment.
    Appeals chamber verdict
    On 26 April 2001 the Supreme Court reversed the conviction on the grounds that the District Court had failed to consider the evidence carefully and had failed to call Defense witnesses. The case was remanded back to the Gjilan/Gnjilane District Court. A majority international UNMIK panel and an international UNMIK prosecutor handled the retrial of the case. On 3 May 2002, the panel found Jokic not guilty on all counts on the grounds that the eye-witness identification was not credible.
    Status
    2715

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