Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 24 of 24 results.

  • Jurisprudence judicial mechanism

    ECCC - Nuon Chea (“Nuon Chea et al.”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Acts of a Sexual Nature Coercion Consent Detention Centers Forced Marriage Common Purpose Severance of Charges Systematic Attack

    Reference link
    https://www.eccc.gov.kh/en/indicted-person/nuon-chea
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Nuon Chea
    Charges
    Nuon Chea 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 and rape. 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 (under other inhumane acts), as decided per the Trial Chamber’s decision of 4 April 2014 (thus the charges were (geographically) expanded in the sense that forced marriage and rape were now charged nationwide, which was not the case before). Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. On 16 November 2018, the Trial Chamber announced its judgment convicting former Khmer Rouge senior leaders Khieu Samphan and Nuon Chea and of genocide, crimes against humanity (including the specific crime of other inhumane acts through conduct characterised as forced marriage and rape in the context of forced marriage), and grave breaches of the Geneva Convention. In the judgment the Chamber found that “there existed a nationwide policy to regulate family-building and marriage, which was implemented by Party cadres at all administrative and military levels. The CPK designed this policy, replacing the role of parents in the selection of a suitable spouse, forcing couples to marry and forcing the production of children, for the purpose of increasing the country’s population within 10 to 15 years”.
    sentencing
    The Trial Chamber sentenced Nuon Chea to life imprisonment. Taking into consideration the already imposed life sentence on Nuon Chea in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

  • Jurisprudence judicial mechanism

    ECCC - Khieu Samphan (“Nuon Chea et al.”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Acts of a Sexual Nature Coercion Consent Common Purpose Detention Centers Forced Marriage Severance of Charges Systematic Attack

    Reference link
    http://www.eccc.gov.kh/en/indicted-person/khieu-samphan
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Khieu Samphan
    Charges
    Khieu Samphan 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 and rape. 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 (under other inhumane acts), as decided per the Trial Chamber’s decision of 4 April 2014 (thus the charges were (geographically) expanded in the sense that forced marriage and rape were now charged nationwide, which was not the case before). Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. On 16 November 2018, the Trial Chamber of the court announced its judgment convicting former Khmer Rouge senior leaders Khieu Samphan and Nuon Chea and of genocide, crimes against humanity (including the specific crime of other inhumane acts through conduct characterised as forced marriage and rape in the context of forced marriage), and grave breaches of the Geneva Convention. In the judgment the Chamber found that “there existed a nationwide policy to regulate family-building and marriage, which was implemented by Party cadres at all administrative and military levels. The CPK designed this policy, replacing the role of parents in the selection of a suitable spouse, forcing couples to marry and forcing the production of children, for the purpose of increasing the country’s population within 10 to 15 years”.
    sentencing
    The Trial Chamber sentenced the accused, Khieu Samphan to life imprisonment. Taking into consideration the already imposed life sentence on Samphan in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Radovan Stankovic

    Year
    2007
    Issues
    Sexual Violence against Children Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Torture Forced to watch Rape Incitement

    Reference link
    http://www.internationalcrimesdatabase.org/Case/3259
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Radovan Stankovic
    Charges
    Stankovic was charged (on 3 March 2003 as amended on 8 December 2003) with crimes against humanity, including rape (Articles 172(1)(c), (e), (f) and (g) of the Criminal Code of BiH) for having set up a detention centre for (often under aged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labor and sexual intercourse.
    Trial chamber verdict
    On 14 November 2006, the Court of BiH found Stankovic guilty for crimes against humanity, including enslavement, imprisonment, torture and rape for: (i) Establishing a detention centre (“Karaman’s House”), detaining at least nine female persons and inciting soldiers to rape them; (ii) Compelling detainees to forced labor, inside and outside of the detention center; (iii) Repeatedly raping a detainee, compelling her to forced labor at several locations and having her witness him raping her under aged sister; (iv) Raping a detainee at another detention centre. Stankovic was sentenced to sixteen years’ imprisonment.
    sentencing
    The Appellate Panel increased the sentence from 16 to 20 years' imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. he was then sentenced to another two Year' imprisonment for using force while escaping.
    Appeals chamber verdict
    The prosecution appealed against the sentence of 16 years’ imprisonment and the acquittal of one of the charges (forcibly taking a female patient from a hospital in Foca and raping her). Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. On 28 March 2007, the Appellate Panel left intact the entire verdict, though it raised the sentence to 20 years’ imprisonment.
    Status
    2715
    Case number
    X-KRZ-05/70

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Boban Simsic

    Year
    2007
    Country
    Bosnia Herzegovina
    Keywords
    Detention Centers Humiliating and Degrading Treatment Persecution on Sexual Grounds Rape Sexual Violence, Persecution Sexual Violence, Torture Aiding

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1187
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Boban Simsic
    Charges
    Simsic was charged on 8 July 2005 (indictment confirmed) with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of Bosnia and Herzegovina) for: (i) in the second half of June 1992, at the Fire Brigade premises in Višegrad, together with two Serbian soldiers, taking part in the harassment and rapes of ten girls and women of Bosniak ethnicity; (ii) whenSimsic was a guard at the facility of the Hasan Veletovac elementary school during the second half of June 1992, when Bosniak civilians were detained at the school, Simsic either on his own or together with other members of the Serbian army, police and paramilitary formations took part in the rape of a number of girls and young women.
    Trial chamber verdict
    On 11 July 2006, the Court rendered the first instance verdict finding the accused guilty of persecution as a crime against humanity, including sexual violence and sentencing him to 5 years’ imprisonment. The panel found the accused guilty of aiding in the enforced disappearance and rape of Bosniak civilians in the Hasan Veletovac school premises in Visegrad, which occurred as part of a widespread and systematic attack by the Serb Army, police and paramilitary groups directed against the Bosniac civilian population in the area of Visegrad between April and July 1992. The panel, however, found the accused not guilty of participation in attacks on villages Zljieb, Velji Lug and Kuka (municipality of Visegrad), illegal arrests and confinement, murder, rape, torture and infliction of serious injury or physical suffering to, and seizure of property of confined Bosniak civilians in the area of Visegrad between April and July 1992.
    sentencing
    At first instance Simsic was sentenced to 5 years' imprisonment. This, however, was increased to 14 year by the Appellate Panel.
    Appeals chamber verdict
    On 5 January 2007, the Appellate Panel rendered a decision upholding the appeals filed by the Prosecutor’s Office of BiH and Defense and revoking the Trial Panel’s verdict. The same decision orders a retrial before the Appellate Panel. On 14 August 2007, the Appellate Panel handed down the final verdict finding Simsic guilty of persecution as a crime against humanity, including sexual violence and sentencing him to 14 years’ imprisonment. The Appellate Panel found that in the second half of June 1992, as a guard securing several hundred detained Bosniak civilians in the Hasan Veletovac Elementary School, together with other members of the Serb army, police, and paramilitary formations, Simsic participated in killings, enforced disappearance, and torture of detainees. He also aided in the coercing of girls and young women to sexual intercourse. In addition, on several occasions, Simsic took girls and younger women to other members of the Serb army who perpetrated multiple rapes, beatings and humiliation on them. Simsic was acquitted of the count which alleged that, on an undetermined date in the second half of June 1992, he took five girls and five younger women from the room in which Bosniak civilians were detained in the Fire Station in Visegrad, moving them to another room where, together with two Serb soldiers, he beat them and took turns raping them.
    Status
    2715
    Case number
    X-KRZ-05/04

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