Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 6 results.
  • Jurisprudence judicial mechanism

    ICTY - Dragan Gagovic

    Year
    1999
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Death of Accused

    Reference link
    http://www.icty.org/cases/party/876/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragan Gagovic
    Charges
    Gagovic was charged with sexual violence crimes in the initial indictment (of 18 June 1996), including with: (i) Persecution on political, racial and/or religious grounds as a crime against humanity; willfully causing great suffering as a grave breach as a war crime; outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the persecution in Partizan Sports Hall under Article 7(1) (committing, planning, initiating, ordering or aiding and abetting in the planning, preparation or execution of any acts or omissions) and, or alternatively, 7(3) (command responsibility); (ii) Torture and rape as a crime against humanity; torture as a grave breach as a war crime; and torture as a violation of the laws or customs of war as a war crime of FWS-48 at Partizan Sports Hall under Article 7(1) (committing, planning, initiating, ordering or aiding and abetting in the planning, preparation or execution of any acts or omissions). The proceedings against Gagovic were terminated in 1999 as he died before his transfer to the Tribunal.
    Status
    2715
    Case number
    IT-96-23

  • Jurisprudence judicial mechanism

    ICTY - Janko Janjic

    Year
    2001
    Issues
    Role of Non-state Actors in Perpetrating Violence
    Country
    Former Yugoslavia
    Keywords
    Death of Accused

    Reference link
    http://www.icty.org/cases/party/876/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Janko Janjic
    Charges
    Janjic was charged with sexual violence crimes in the amended indictment (of 5 October 1999) as follows: (i) Torture and rape as a crime against humanity; and torture and rape as a violation of the laws or customs of war as a war crime in relation to the sexual violence committed against victims FWS-48 and FWS-74 at Buk Bijela; (ii) Torture and rape as a crime against humanity; and torture and rape as a violation of the laws or customs of war as a war crime in relation to the sexual violence committed against victims FWS-50, FWS-75, FWS-87, FWS-95, FWS-74 and FWS-88 at Foca High School; (iii) Torture and rape as a crime against humanity; and torture and rape as a violation of the laws or customs of war as a war crime in relation to the sexual violence committed against victims FWS-48, FWS-75, FWS-87 and FWS-95 at Partizan Sports Hall; (iv) Rape as a crime against humanity and rape as a violation of the laws or customs of war as a war crime in relation to the rape of FWS-75 and FWS-87 and two other women. Janjic was held individually responsible for the crimes charged against him pursuant to Article 7(1) (committing, planning, initiating, ordering or aiding and abetting in the planning, preparation or execution of any acts or omissions). The proceedings against Janjic were terminated in 2001 as he died before his transfer to the Tribunal.
    Status
    2715
    Case number
    IT-96-23

  • Jurisprudence judicial mechanism

    ICTY - Momir Talic

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Death of Accused Provisional Release Sexual Violence as Genocide

    Reference link
    http://www.icty.org/cases/party/816/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Momir Talic
    Charges
    Talic was charged with sexual violence crimes in the fourth amended indictment (of 10 December 2001) as follows: - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide, which included rapes and sexual assault of Bosnian Muslim and Bosnian Croat detainees in various camps and detention facilities; - Persecution as a crime against humanity, which included rapes and sexual assaults of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992; - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime, which included rapes of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992. Talic was charged for these crimes both under Article 7(1) (individually or in concert with Brdanin and also with others in the Bosnian Serb leadership, planned, instigated, ordered, committed or otherwise aided and abetted) and Article 7(3). Proceedings against Talic (who had originally been charged with Brdanin) have been terminated. Talic died on 28 May 2003 during provisional release, which he was granted due to medical reasons.
    Status
    2715
    Case number
    IT-99-36/1

  • Jurisprudence judicial mechanism

    ICTR - Joseph Nzirorera (“Karemera et al.”)

    Year
    2010
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Sexual Violence as Genocide Death of Accused

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Joseph Nzirorera
    Charges
    Nzirorera was charged with: - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life upon the Tutsi population that were calculated to bring about its physical destruction as genocide or, alternatively, causing serious bodily or mental harm or deliberately inflicting conditions of life upon the Tutsi population that were calculated to bring about its physical destruction as complicity in genocide under Article 6(1) (direct responsibility) (JCE III) for the following: in Ruhengeri prefecture during early-mid April 1994, Kigali-ville prefecture during April 1994, Butare prefecture during mid-late April 1994, Kibuye prefecture during May - June 1994, and Gitarama prefecture during April and May 1994, and throughout Rwanda, Interahamwe and militiamen raped and sexually assaulted Tutsi women and girls throughout Rwanda, causing them serious bodily or mental harm. Such serious bodily or mental harm inflicted upon Tutsi women and girls was intended to destroy the capacity of persons of Tutsi ethnic or racial identity to sustain themselves physically or psychologically as a group, or to reproduce themselves as a group. - Rape as a crime against humanity under Articles 6(1) (direct responsibility) (JCE III) and 6(3) (command responsibility) in that on or between the dates of 6 April and 17 July 1994, throughout the territory of Rwanda, Nzirorera was responsible for raping persons or causing persons to be raped, as part of a widespread or systematic attack against a civilian population on political, ethnic, or racial grounds, committed as follows: (i) Interahamwe and other militiamen raped Tutsi women and girls in Ruhengeri prefecture during early-mid April 1994, Kigali-ville prefecture during April 1994, Butare prefecture during mid-late April 1994, Kibuye prefecture during May - June 1994, and Gitarama prefecture during April and May 1994.
    Trial chamber verdict
    Nzirorera, however, died (in 2010) during trial and the proceedings against him were terminated.
    Status
    2715
    Case number
    ICTR-98-44

  • 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

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