Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 24 results.
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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
-
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
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
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
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
-
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 - 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 - 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 - 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 - 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
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