Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 1 results.

  • Jurisprudence judicial mechanism

    ICTY - Tihomir Blaskic

    Year
    2004
    Issues
    Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Acquittal Command Responsibility Effective Control Cumulative Conviction

    Reference link
    http://www.icty.org/cases/party/667/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Tihomir Blaskic
    Charges
    Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility), which included rapes of Bosnian Muslims detained by the HVO in Rotilj village (Kiseljak municipality) and in Dubravica primary school (Vitez municipality) and committed by the HVO soldiers and Military Police.
    Trial chamber verdict
    Blaskic was found guilty by the Trial Chamber on 3 March 2000 for the sexual violence charges.
    sentencing
    Blaskic was sentenced to 9 years’ imprisonment on 29 July 2004 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber on 29 July 2004 dismissed both convictions as the cruel treatment as a violation of the laws or customs of war as a war crime conviction was considered to be an impermissible cumulative conviction, while the inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime could not be sustained since Blaskic was held not have exercised effective control over his subordinates responsible for the rapes.
    Status
    2715
    Case number
    IT-95-14

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).