Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 24 of 24 results.

  • 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 - 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 - Stojan Župljanin (“Stanišic & Župljanin”)

    Year
    2016
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Acquittal 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
    Stojan Župljanin
    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
    Župljain was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Župljain 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 (similar as above under ‘torture’).
    sentencing
    Župljain was sentenced 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

  • Literature

    Montañez, Paloma S. et al. - The Prosecution of Sexual and Gender Crimes in the National Courts of Argentina

    Year
    2017
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Argentina
    Keywords
    Gender Violence Detention Centers Argentina

    Reference link
    https://muse.jhu.edu/article/666336/summary
    Full reference
    Paloma S. Montañez, Viviana Waisman and Keina Yoshida, “The Prosecution of Sexual and Gender Crimes in the National Courts of Argentina”, in Human Rights Quarterly, 2017, vol. 39, no. 3, pp. 680-706.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Impacts of Sexual Violence Crimes Prosecutions, Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Montañez, Paloma S.; Waisman, Viviana and Yoshida, Keina

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