Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 24 results.

  • Jurisprudence judicial mechanism

    ICTY - Rasim Delic

    Year
    2008
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Unclear Indictment Detention Centers

    Reference link
    http://www.icty.org/cases/party/679/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Rasim Delic
    Charges
    Delic was charged with: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above.
    Trial chamber verdict
    Delic was found not guilty by the Trial Chamber on 15 September 2008 of: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. The Trial Chamber held that these victims were subjected to sexual violence at the Vatrostalna facility, but not at the Kamenica camp, as was pleaded in the indictment. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above. However, for this charge Delic was already acquitted during trial on 26 February 2008. Both the Prosecution and Defense agreed to this and the Prosecution has even asked earlier on in the proceedings for a withdrawal of the charge.
    sentencing
    Delic was therefore sentenced by the Trial Chamber to 3 years’ imprisonment on 15 September 2008 (for other charges).
    Appeals chamber verdict
    During the appellate proceedings, on 16 April 2010, Delic died while on provisional release. On 29 June 2010, the Appeals Chamber terminated the appellate proceedings and ruled that Trial Chamber Judgement to be final.
    Status
    2715
    Case number
    IT-04-83

  • Jurisprudence judicial mechanism

    ICTY - Ranko Cesic (“Brcko”)

    Year
    2004
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Forced Oral Sex Detention Centers Forced Rape of Family Members

    Reference link
    http://www.icty.org/cases/party/678/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ranko Cesic
    Charges
    - Humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and rape as a crime against humanity under Article 7(1) (committing) for forcing, at gunpoint, two Muslim brothers detained at Luka camp to perform fellatio on each other in the presence of others on about 11 May 1992.
    Trial chamber verdict
    Cesic entered a guilty plea to all counts in the indictment (on 8 October 2003). Cesic was found guilty by the Trial Chamber of: - Humiliating and degrading treatment as a violation of the laws or customs of war as a war crime - Rape as a crime against humanity
    sentencing
    Cesic was sentenced to 18 years’ imprisonment on 11 March 2004.
    Status
    2715
    Case number
    IT-95-10/1

  • Jurisprudence judicial mechanism

    ICTY - Pedrag Banovic ("Mejakic et al.")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Plea Agreement Detention Centers

    Reference link
    http://www.icty.org/cases/party/664/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Pedrag Banovic
    Charges
    Banovic was charged with sexual violence crimes in the second amended indictment (of 3 January 2001), including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp, under Article 7(1) (instigated, committed or otherwise aided and abetted). On 5 June 2013 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
    sentencing
    Banovic was sentenced by the Trial Chamber to 8 years’ imprisonment on 28 October 2013.
    Status
    2715
    Case number
    IT-02-65/1

  • Jurisprudence judicial mechanism

    ICTY - Nenad Banovic ("Mejakic et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Detention Centers

    Reference link
    http://www.icty.org/cases/party/874/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nenad Banovic
    Charges
    Banovic was charged with sexual violence crimes in the second amended indictment (of 3 January 2001), including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted). The indictment against Banovic was withdrawn on 10 April 2002 and the next day he was released from the ICTY Detention Unit. This followed a Prosecution Motion to the Trial Chamber dated 27 March 2002 to withdraw the indictment against Nenad Banovic. The Motion read: “At this time, given the state of evidence and witnesses, there is insufficient evidence to proceed to trial against the accused Nenad Banovic on the significant charges of the Indictment… the Prosecutor respectfully requests that this International Tribunal withdraw the Indictment against Nenad Banovic.”
    Status
    2715
    Case number
    IT-02-65

  • Jurisprudence judicial mechanism

    ICTY - Milomir Stakic (“Prijedor”)

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Rape Joint Criminal Enterprise (JCE) Detention Centers Forced to watch Rape Genocidal Intent Coercion

    Reference link
    http://www.icty.org/cases/party/782/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milomir Stakic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (co-perpetration), which included rapes and sexual assault.- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various camps (e.g. Omarska, Keraterm, Trnopolje) and detention facilities in the Prijedor municipality to rape and sexual assault or forcing them to witness such crimes.
    Trial chamber verdict
    Stakic was found guilty by the Trial Chamber on 31 July 2003 of:- Persecution as a crime against humanity Stakic was found not guilty by the Trial Chamber of:- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide as it was not proved that Stakic had the specific genocidal intent.
    sentencing
    Stakic was sentenced to 40 years’ imprisonment on 22 March 2006.
    Appeals chamber verdict
    The Appeals Chamber confirmed the conviction, but changed the mode of liability from co-perpetration to JCE I.
    Status
    2715
    Case number
    IT-97-24

  • 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 - Goran Hadzic

    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Detention Centers Ill-health Ordering/Instigating Psychological Impact

    Reference link
    http://www.icty.org/cases/party/694/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Goran Hadzic
    Charges
    Hadzic is charged with sexual violence crimes in the indictment (of 22 July 2001) and includes persecution as a crime against humanity, torture as a crime against humanity, inhumane acts as crimes against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Articles 7(1) (committing in concert with others, planning, instigating, ordering, and/or aiding and abetting) and 7(3) (command responsibility) for imposing on Croat and other non-Serb civilian detainees living conditions in various detention facilities in the SAO SBWS characterized by, inter alia, inhumane treatment and constant physical and psychological assault, including sexual assault.
    Status
    2715
    Case number
    IT-04-75

  • Jurisprudence judicial mechanism

    ICTY - Dragan Nikolic (“Susica Camp”)

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Camp Rape/Sexual Violence in Detention Detention Centers Terrorism Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/754/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragan Nikolic
    Charges
    Persecution as a crime against humanity under Article 7(1) (committing) for the persecution of Muslim and non-Serb detainees at the Sušica camp by participating in sexual violence directed at women at the Sušica camp and by subjecting detainees to an atmosphere of terror, which included sexual violence.- Rape as a crime against humanity under Article 7(1) (aiding and abetting) for facilitating the removal of female detainees from the hangar, which he knew was for purposes of rapes committed by camp guards, special forces, local soldiers and other men and by encouraging these rapes.
    Trial chamber verdict
    Nikolic entered a guilty plea to all charges in the indictment on 4 September 2003. Nikolic was found guilty by the Trial Chamber of: - Persecution as a crime against humanity - Rape as a crime against humanity
    sentencing
    Nikolic was sentenced by the Trial Chamber to 20 years’ imprisonment on 4 February 2005.
    Status
    2715
    Case number
    IT-94-2

  • Jurisprudence judicial mechanism

    ICTY - Dragan Kolundzija ("Sikirica et al.")

    Year
    2001
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Plea Agreement Detention Centers

    Reference link
    http://www.icty.org/cases/party/685/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragan Kolundzija
    Charges
    Kolundzija was charged with sexual violence crimes in the second amended indictment (of 3 January 2001) – including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted) and 7(3) (command responsibility). On 19 September 2001 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
    sentencing
    On 13 November 2001 the Trial Chamber sentenced Kolundzija to 3 years’ imprisonment.
    Status
    2715
    Case number
    IT-95-8

  • Jurisprudence judicial mechanism

    ICTY - Damir Dosen ("Sikirica et al.")

    Year
    2001
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Plea Agreement Detention Centers

    Reference link
    http://www.icty.org/cases/party/685/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Damir Dosen
    Charges
    Dosen was charged with sexual violence crimes in the second amended indictment (of 3 January 2001) – including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted) and 7(3) (command responsibility). On 19 September 2001 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
    sentencing
    On 13 November 2001 the Trial Chamber sentenced Dosen to 5 years’ imprisonment.
    Status
    2715
    Case number
    IT-95-8

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