Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 13 of 13 results.
-
Literature
Sharratt, Sara – Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals
- Year
- 2011
- Issues
- Victims of Sexual Violence
- Reference link
- http://www.routledge.com/Gender-Shame-and-Sexual-Violence-The-Voices-of-Witnesses-and-Court-Members/Sharratt/p/book/9781409419990
- Full reference
- Sara Sharratt, Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals, Ashgate, Surrey, 2011.
- Type of literature
- Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Sexual Violence Data Collection
-
Jurisprudence judicial mechanism
Oslo District Court - Mirsad Repak
- Year
- 2008
- Issues
- Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Norway
- Keywords
- Acquittal Domestic Law Humiliating and Degrading Treatment Rape/Sexual Violence in Detention Complicity Reparation Detention Centers Foreseeable Consequence
- Reference link
- http://www.internationalcrimesdatabase.org/Case/36
- Type of mechanism
- Domestic court
- Name of mechanism
- Oslo District Court
- Name of accused
- Mirsad Repak
- Charges
- Repak was charged with crimes against humanity and war crimes, which both included sexual violence (including of both women and men) under Article 97 of the Norwegian Constitution.
- Trial chamber verdict
- The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, including rape (paras. 158-164), but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992.
- sentencing
- Repak was sentenced to five years’ imprisonment.
- Appeals chamber verdict
- On 11 March 2010, the Norway Court of Appeal reduced Repak’s sentence from 5 to 4,5 years’ imprisonment. On 3 December 2010 the Supreme Court of Norway overturned the conviction against Repak and finally released him. The Supreme Court ruled that the Law on War Crimes of March 2008 could not be applied retroactively to acts committed in 1992. The Court concluded that the retroactive application of the Law on War Crimes would violate Article 97 of the Norwegian Constitution. He was thus acquitted for the charges of war crimes. However, on 14 April 2011, the Supreme Court of Norway found him guilty for unlawful deprivation of liberty and detention of civilians in violation of Section 223(1) and (2) of the 1905 Norwegian Penal Code and sentenced him to eight years in prison. Repak was found guilty on thirteen counts. The indictment charged him with taking part in depriving civilians of liberty and detaining them at the Dretelj detention camp and severe mistreatment of detainees, including sexual abuse, brutal violence, intimidation and humiliation, and deprivation of adequate access to food. The Court concluded that Repak had acted with intent or complicity in the offences, or alternatively could have foreseen the consequences regarding the atrocities suffered by the victims, a level sufficient to find guilt under Section 43 of the Penal Code. According to the sentencing Judge, Repak ‘played a central role in allowing the extensive and sometimes extremely brutal atrocities against the 13 victims to take place’.
- Status
- 2715
- Case number
- 08-018985MED-OTIR/08
- Reparations / awards
- Repak was ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims. However, as far as compensation to victims of sexual violence is concerned, the Court ruled that “As regards compensation of economic loss, it is essential for the Court to emphasize that the defendant is only liable for damages where there is a causal relationship between the acts of the defendant and the damage. This means that the defendant is not liable to pay compensation for the extensive damage caused by rapes and gross violence committed by others.”
-
Literature
Dixon, Rosalind - Rape as a Crime in International Humanitarian Law...
- Year
- 2002
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Feminist Approach Compensation Prosecution Domestic Law International Criminal Law
- Reference link
- http://ejil.org/pdfs/13/3/492.pdf
- Full reference
- Dixon, Rosalind, "Rape as a Crime in International Humanitarian Law: Where to from Here?", in European Journal of International Law, 2002, vol. 13, no. 3, pp. 697-719.
- Type of literature
- Journal Article
- Research focus
- Impacts of Sexual Violence Crimes Prosecutions
- Author
- Dixon, Rosalind
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
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