Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 8 results.
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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
ICTY - Dragoljub Prcac (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Forced Nudity Sexual Slavery Forced Prostitution Joint Criminal Enterprise (JCE) Forced to watch Rape Foreseeable Consequence Kunarac Akayesu
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragoljub Prcac
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Prcac was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Prcac was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Prcac was sentenced to 5 years’ imprisonment.
- Appeals chamber verdict
- The conviction was upheld by the Appeals Chamber on 28 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
-
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
-
Jurisprudence judicial mechanism
ICTY - Miroslav Kvocka (“Kvocka et al.”)
- Year
- 2005
- Issues
- Modes of Liability Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Forced to watch Rape Forced Nudity Foreseeable Consequence Mental Harm Persecution on Sexual Grounds Kunarac
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Miroslav Kvocka (“Kvocka et al.”)
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp; - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Kvocka was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity. Kvocka was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- sentencing
- Kvocka was sentenced by the Appeals Chamber to 7 years’ imprisonment on 28 February 2005 (for other charges).
- Appeals chamber verdict
- Although Kvocka 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 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
-
Jurisprudence judicial mechanism
ICTY - Mlado Radic (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Forced Nudity Joint Criminal Enterprise (JCE) Attempted Rape Threat of Rape Forced to watch Rape Forced Prostitution Akayesu Kunarac
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Mlado Radic
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE) for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a crime against humanity, rape 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 rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp.
- Trial chamber verdict
- Radic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Radic was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime - Torture as a crime against humanity, - Rape as a crime against humanity and - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Radic received a sentence of 20 years’ imprisonment on 28 February 2005.
- Appeals chamber verdict
- The conviction was upheld by the Appeals Chamber on 28 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
-
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 - Zoran Zigic (“Kvocka et al.”)
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Foreseeable Consequence Forced Nudity Forced to watch Rape Mental Harm Persecution on Sexual Grounds Kunarac
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Zoran Zigic (“Kvocka et al.”)
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Zigic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity under Article 7(1) (JCE). Zigic was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime.
- sentencing
- Zigic was sentenced by the Appeals Chamber to 25 years’ imprisonment on 28 February 2005 (for other charges).
- Appeals chamber verdict
- Although Zigic 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 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
-
Jurisprudence judicial mechanism
USA Supreme Court - Emmanuel Constant (“Doe v. Constant”)
- Year
- 2010
- Issues
- Sentencing and Reparations
- Country
- United States of America
- Keywords
- Forced to watch Rape Forced Rape of Family Members Gang Rape Terrorism
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1116
- Type of mechanism
- Domestic court
- Name of mechanism
- US Supreme Court
- Name of accused
- Emmanuel Constant
- Charges
- Torture, crimes against humanity and the systematic use of violence against women (including rape in 2006) under the Alien Tort Statute and the Torture Victim Protection Act.
- Trial chamber verdict
- On 16 August 2006, the Court found Constant guilty of torture, crimes against humanity and the systematic use of violence against women (including rape in 2006).
- sentencing
- Appeals chamber verdict
- Constant appealed the decision to the U.S. Court of Appeals for the Second Circuit. On December 1, 2009, the Second Circuit rejected Constant’s appeal and upheld the $19 million judgment against him. Constant filed a petition for panel rehearing or rehearing en banc by the full Second Circuit Court of Appeals, which was denied on February 23, 2010. Finally, on October 4, 2010 the U.S. Supreme Court issued an order denying Constant’s petition for a writ of certiorari.
- Status
- 2715
- Case number
- 08-4827-cv
- Reparations / awards
- <span style="text-align: justify; line-height: 13.8px;">Constant was ordered to pay $19 million in compensatory and punitive damages to three women who survived the crimes committed under his control.</span>
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