Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 10 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zijad Kurtovic

    Year
    2009
    Issues
    Sexual Violence against Men Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Forced Oral Sex HVO Soldiers Accomplice Rape/Sexual Violence in Prison

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1043
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zijad Kurtovic
    Charges
    Kurtovic was charged on 16 May 2007 (indictment confirmed) with war crimes against civilians, war crimes against prisoners of war and violating the laws and practices of warfare under Article 180(1) (individual criminal responsibility) and Article 29 (accomplice) of the Criminal Code of BiH, for: on an unknown day in October 1993, together with another individual, forcing two detained HVO soldiers to perform oral sexual intercourse on each other.
    Trial chamber verdict
    On 30 April 2008 the Court in its first instance verdict found the Kurtovic guilty of war crimes against civilians, war crimes against prisoners of war, and violation of laws and practices of warfare. The forced oral sex incident was convicted as war crimes against prisoners of war referred to in Article 175(1)(a) and (b) of the CC BiH (“a) intentional infliction of severe physical or mental pain or suffering upon persons (tortures) and; b) causing of great suffering or serious injury to bodily integrity or health”).
    sentencing
    Kurtovic was sentenced to 11 years’ imprisonment by the Trial Court.
    Appeals chamber verdict
    On 25 March 2009, the Appellate Panel modified the first-instance Verdict in terms of the legal assessment and qualification of the offence. In that regard the Court found the accused Zijad Kurtovic guilty of the criminal offence of war crimes against civilians, which included the forced oral sex, under Article 142(1) of the Law on Application of the Criminal Code of RBiH and the Criminal Code of SFRY for which he was sentenced to nine years of imprisonment and the criminal offence of Destruction of Cultural and Historic Monuments of the Criminal Code of SFRY for which he was sentenced to three years of imprisonment and imposed upon him a compound sentence of 11 years of imprisonment.
    Status
    2715
    Case number
    X-KRŽ-06/299

  • Jurisprudence judicial mechanism

    ICTY - Blagoje Simic ("Simic et al.")

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Acquittal Forced Oral Sex Forced Nudity Rape with Foreign Objects Urination

    Reference link
    http://www.icty.org/cases/party/779/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Blagoje Simic (“Simic et al.”)
    Charges
    Persecution as a crime against humanity under Article 7(1) (JCE I), which included sexual assaults of detainees (constituting beatings and torture) of Bosnian Croat, Bosnian Muslim and non-Serb civilians in the municipality of Bosanski Samac.
    Trial chamber verdict
    Simic was found guilty by the Trial Chamber on 17 October 2003 of persecution as a crime against humanity under Article 7(1) (JCE I).
    sentencing
    Simic was sentenced by the Appeals Chamber to 15 years’ imprisonment on 28 November 2006 (for other charges).
    Appeals chamber verdict
    Although Simic was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 November 2006, with Judge Mohamed Shahabuddeen and Judge Wolfgang Schomburg dissenting.
    Status
    2715
    Case number
    IT-95-9

  • Jurisprudence judicial mechanism

    ICTY - Dusko Tadic (“Prijedor”)

    Year
    2000
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Mutilation Insufficient Evidence Gang Rape Aiding and Abetting Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/787/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dusko Tadic
    Charges
    - Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner.- Persecution as a crime against humanity as far as the sexual violence crimes were concerned.
    Trial chamber verdict
    Tadic was found guilty by the Trial Chamber on 7 May 1997 of:- Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity Tadic was found not guilty by the Trial Chamber of:- Persecution as a crime against humanity as far as the sexual violence crimes were concerned. According to the Trial Chamber there was insufficient evidence regarding Tadic’s participation in sexual assault and torture inflicted through gang-rapes.
    sentencing
    Tadic was sentenced to 20 years’ imprisonment on 26 January 2000.
    Appeals chamber verdict
    The Appeals Chamber found Tadic on 15 July 1999 additionally guilty of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner as it was not established that the victims were protected persons. Thus, for the same acts as he was found guilty by the Trial Chamber.
    Status
    2715
    Case number
    IT-94-1

  • Jurisprudence judicial mechanism

    ICTY - Milan Martic (“RSK”)

    Year
    2008
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Persecution on Sexual Grounds Forced Oral Sex Forced Masturbation Rape/Sexual Violence in Detention Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/733/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Martic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) of the Croat, Muslim and other non-Serb civilian population, which included sexual abuses, forced mutual oral sex among detainees or with prison guards and mutual masturbation in the old hospital in Knin.- 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 Article 7(1) (JCE III), which included sexual assaults of Croat, Muslim and other non-Serb civilians detained in the old hospital in Knin, forced mutual oral sex among detainees or with prison guards and mutual masturbation.
    Trial chamber verdict
    Martic was found guilty by the Trial Chamber on 12 June 2007 of: - 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
    sentencing
    Martic was sentenced to 35 years’ imprisonment on 8 October 2008.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 8 October 2008.
    Status
    2715
    Case number
    IT-95-11

  • Jurisprudence judicial mechanism

    ICTY - Ranko Cesic (“Brcko”)

    Year
    2004
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Forced Oral Sex Detention Centers Forced Rape of Family Members

    Reference link
    http://www.icty.org/cases/party/678/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ranko Cesic
    Charges
    - Humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and rape as a crime against humanity under Article 7(1) (committing) for forcing, at gunpoint, two Muslim brothers detained at Luka camp to perform fellatio on each other in the presence of others on about 11 May 1992.
    Trial chamber verdict
    Cesic entered a guilty plea to all counts in the indictment (on 8 October 2003). Cesic was found guilty by the Trial Chamber of: - Humiliating and degrading treatment as a violation of the laws or customs of war as a war crime - Rape as a crime against humanity
    sentencing
    Cesic was sentenced to 18 years’ imprisonment on 11 March 2004.
    Status
    2715
    Case number
    IT-95-10/1

  • Jurisprudence judicial mechanism

    ICTY - Simo Zaric (Simic et al. "Bosanski Samac")

    Year
    2003
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Forced Nudity Urination Forced to watch Rape Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/781/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Simo Zaric
    Charges
    - Persecution as a crime against humanity under Article 7(1) (aiding and abetting), which included sexual assaults of detainees (constituting torture) of non-Serb civilians in the municipality of Bosanski Samac.
    Trial chamber verdict
    Zaric was found guilty by the Trial Chamber on 17 October 2003 of:- Persecution as a crime against humanity. Judge Per-Johan Lindholm dissented from the Trial Chamber’s Judgement as to the mode of liability; according to the Judge, Zaric, like co-accused Simic, was liable under JCE I.
    sentencing
    Zaric was sentenced to 6 years’ imprisonment on 17 October 2003 by the Trial Chamber.
    Appeals chamber verdict
    Zaric did not appeal the Trial Chamber’s judgment.
    Status
    2715
    Case number
    IT-95-9

  • Jurisprudence judicial mechanism

    ICTY - Stevan Todorovic (“Bosanski Šamac”)

    Year
    2001
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Rape Rape/Sexual Violence in Prison Forced Oral Sex Sexual Violence against Men/Boys Inhuman Treatment

    Reference link
    http://www.icty.org/cases/party/790/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Stevan Todorovic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (ordering) for ordering six men to perform fellatio on each other at the police station in Bosanski Šamac on three different occasions in May and June 1992.- Rape as a crime against humanity, humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for forcing or ordering prisoners to perform acts of fellatio upon each other, sometimes in the presence of several other prisoners and guards, on various occasions.
    Trial chamber verdict
    Todorovic entered a guilty plea on 13 December 2000 and was found guilty by the Trial Chamber on 19 January 2001 of: - Persecution as a crime against humanity As Todorovic entered a guilty plea to persecution as a crime against humanity only, the other sexual violence charges were withdrawn. Todorovic was therefore found not guilty of: - Rape as a crime against humanity, humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime
    sentencing
    Todorovic received a prison sentence of 10 years by the Trial Chamber on 31 July 2001.
    Status
    2715
    Case number
    IT-95-9/1

  • Jurisprudence judicial mechanism

    ICTY - Zdravko Mucic (Mucic et al. "Celebici Camp")

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Genitalia Forced Oral Sex Superior Responsibility

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Zdravko Mucic
    Charges
    - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the multiple rapes of Grozdana Cecez and Milojka Antic (Witness A). - Willfully causing great suffering or serious injury to body or health 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) for the serious pain and injury inflicted upon detainee Vukašin Mrkajic when Esad Landzo placed a burning fuse cord against Vukašin Mrkajic’s bare skin in the genital area. - 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) for when Esad Landzo forced two detainees, Vaso Dorcic and his brother Veseljko Dorcic, to commit fellatio on each other.
    Trial chamber verdict
    Mucic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime - Willfully causing great suffering or serious injury to body or health 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 - 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
    sentencing
    Mucic was sentenced to 9 years of imprisonment on 8 April 2003.
    Appeals chamber verdict
    The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the multiple rapes of Grozdana Cecez and Milojka Antic (Witness A). In addition, the Appeals Chamber reversed the Trial Chamber’s conviction for cruel treatment as a violation of the laws or customs of war as a war crime, but upheld the willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the serious pain and injury inflicted upon detainee Vukasin Mrkajic when Esad Landzo placed a burning fuse cord against Vukasin Mrkajic’s bare skin in the genital area. Finally, The Appeals Chamber reversed the cruel treatment as a violation of the laws or customs of war as a war crime, but upheld the inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for when Esad Landzo forced two detainees, Vaso Dorcic and his brother Veseljko Dorcic, to commit fellatio on each other.
    Status
    2715
    Case number
    IT-96-21

  • Jurisprudence non-judicial mechanisms

    International Commission of Inquiry on Syrian Arab Republic

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Syrian Arab Republic
    Keywords
    Forced Oral Sex Detention Centers Cigarette Burns Electroshock ISIS

    Reference link
    www.ohchr.org/EN/HRBodies/HRC/IICISyria/Pages/IndependentInternationalCommission.aspx
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Syrian Arab Republic
    Status
    2778
    Findings
    In its first report on 23 November 2011, the COI held that “several methods of torture, including sexual torture, were used by the military and the security forces in detention facilities across the country. Torture victims had scars and bore other visible marks. Detainees were also subjected to psychological torture, including sexual threats against them and their families and by being forced to worship President Al Assad instead of their god.” And: “several testimonies reported the practice of sexual torture used on male detainees. Men were routinely made to undress and remain naked. Several former detainees testified reported beatings of genitals, forced oral sex, electroshocks and cigarette burns to the anus in detention facilities. Several of the detainees were repeatedly threatened that they would be raped in front of their family and that their wives and daughters would also be raped. Testimonies were received from several men who stated they had been anally raped with batons and that they had witnessed the rape of boys. One man stated that he witnessed a 15-year-old boy being raped in front of his father. One 20-year-old university student told the commission that he was subjected to sexual violence in detention, adding that “if my father had been present and seen me, I would have had to commit suicide”. Another man confided while crying, “I don’t feel like a man any more”. Several women testified that they were threatened and insulted during house raids by the military and security forces. Women felt dishonored by the removal of their head scarves and the handling of their underwear during raids of their homes, which often occurred at night. Defectors from the military and the security forces indicated that they had been present in places of detention where women were sexually assaulted; the commission, however, received limited evidence to that effect. This may be due in part to the stigma that victims would endure if they came forward.” “Numerous testimonies indicated that boys were subjected to sexual torture in places of detention in front of adult men.” On the basis of the information and evidence collected, the commission has reached conclusions with regard to a number of serious violations of international human rights law. The major conclusions are summarized below. As for the sexual violence, the COI held: “Information received demonstrates patterns of continuous and widespread use of torture across the Syrian Arab Republic where protests have taken place. The pervasive nature, recurrence and reported readiness of Syrian authorities to use torture as a tool to instill fear indicate that State officials have condoned its practice. Information from military and security forces defectors indicates that they received orders to torture. The commission is particularly disturbed over the extensive reports of sexual violence, principally against men and boys, in places of detention. The commission concludes that the extensive practices of torture indicate a State sanctioned policy of repression, which manifestly violates the State’s obligations under article 7 of the International Covenant on Civil and Political Rights, the Convention against Torture, and article 37 of the Convention on the Rights of the Child. In addition, rape or other forms of sexual violence as crimes against humanity was also found to have occurred. In a preliminary report of 26 June 2012 again many instances of sexual violence are included. The COI held: “The CoI recognises the difficulties in collecting evidence in cases of sexual violence in the Syrian Arab Republic due to cultural, social and religious beliefs related to marriage and sexuality. This includes a victim’s understandable reluctance to disclose information due to the trauma, shame and stigma linked to sexual assault. Regarding one incident, the CoI was informed that the rape victim had subsequently been killed by her brother-in-law to “preserve the honor of the family”. The silence surrounding rape and other forms of sexual violence appears to have existed prior to the conflict as well. Nevertheless, interviews collected by the CoI indicate that crimes of sexual violence - against men, women and children - have continued to take place in the Syrian Arab Republic during the reporting period. The CoI conducted 23 interviews relating to allegations of sexual violence in this period, including with one victim. Information collected thus far indicates that rape and other forms of sexual violence occurred in two distinct circumstances. The first is during the searches of houses as Government forces entered towns and villages; the second, during interrogations in detention. Following the Government forces “move into the Baba Amr neighbourhood of Homs in February 2012, and the commencement of house searches, the CoI received multiple reports of rape and sexual assaults taking place. In one incident, an interviewee stated that 40-50 men stormed into the family house, destroying and stealing property as the search took place. In his testimony, he described being forced to watch as his wife and two of his daughters were raped by three of the men involved. Afterwards, he stated, he, too, was raped while his family was made to watch. In a separate incident, a soldier with the Syrian army described seeing three of his colleagues sexually assault a 15-year-old girl during a house search in Zabadani in February 2012. According to the interviewee, he attempted to prevent the assault but he was threatened and beaten by the other soldiers, so he fled. The CoI also received corroborated reports of women being forced at gunpoint to walk naked in the streets of the Karm alZeytoun neighbourhood of Homs, again in February 2012. The CoI heard from an eye-witness a report on the gang-rape of a female activist during an interrogation at the military security building in Dara’a in late May 2012. The victim was reportedly found unconscious in the streets of Dara’a two days later. The eyewitness also reported being a victim of a sexual assault during the same interrogation. The CoI has received multiple, uncorroborated reports of incidences of rape and sexual assault of men and women while detained. The fear of rape and sexual assault has restricted the freedom of movement of women and young girls and has adversely affected the right to education of female students. One girl told the CoI that, since 24 April 2012, female students in Latakia governate were not attending school due to fear of such assaults. It was also apparent to the CoI that many of the women interviewed who had sought refuge in neighbouring countries had done so because they feared sexual assault. The CoI also notes the lack of medical or psychological services available to victims who suffer sexual violence.” Rape can constitute torture and the definition of rape based on the ICC EoC is cited. The list is endless. In its 10th report which was published on 13 August 2015, the COI concluded with regard to sexual violence that: (1) Government forced have committed crimes against humanity, including rape; (2) government forces have committed gross violations of human rights and war crimes, including rape and sexual violence; (3) ISIS has committed rape, sexual slavery and sexual violence amounting to crimes against humanity; (4) ISIS has committed rape and sexual violence as war crimes. The COI recommended with regard to sexual violence as follows: (1) that all parties prohibit and prevent absolutely torture or other cruel, inhuman or degrading treatment, including sexual violence.
    Date of report / release
    1915-08-13

  • Literature

    Stemer Carlson, Eric - The Hidden Prevalence of Male Sexual Assault...

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Mutilation Rape with Foreign Objects Rape/Sexual Violence in Prison Psychosocial Trauma

    Reference link
    https://academic.oup.com/bjc/article-abstract/46/1/16/430333
    Full reference
    Carlson, Eric Stener, "The Hidden Prevalence of Male Sexual Assault During War", in British Journal of Criminology, 2006, vol. 46, no. 1, pp. 16-25.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Stemer Carlson, Eric
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

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