Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 25 results.
-
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 - 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 - 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 Court Martial - Lynndie R. England
- Year
- 2005
- Issues
- Sexual Violence against Men Female Perpetrators of Sexual Violence
- Country
- United States of America
- Keywords
- Acts of a Sexual Nature Forced Nudity Humiliating and Degrading Treatment Prisoners of War
- Reference link
- https://trialinternational.org/latest-post/lynndie-r-england/
- Type of mechanism
- US courts-martial
- Name of mechanism
- USA Court Martial
- Name of accused
- Lynndie R. England
- Charges
- England was charged with seven counts of conspiracy, maltreatment and committing an indecent act of Iraqi prisoners, including an episode when she was photographed holding a strap tied as a leash around a naked detainee’s neck.
- Trial chamber verdict
- On 26 September 2005, England was found guilty of six out of seven counts of conspiracy, maltreatment and committing an indecent act. [Two others, including Private England’s former boyfriend Private Charles A. Graner Jr., who previously held the ranks of specialist and corporal, were convicted in trials, and the other six reached plea deals. Graner said that, at the time, he told officers about detainee maltreatment, which he claimed was done by order of military intelligence personnel. And at times, he said, military intelligence officers actually were present for the abuse.]
- sentencing
- England was sentenced to three years for her crimes and given a dishonorable discharge.
- Status
- 2715
-
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
-
Literature
Sivakumaran, Sandesh - Sexual Violence Against Men in Armed Conflict
- Year
- 2007
- Issues
- Sexual Violence against Men
- Country
- Iraq, Democratic Republic of Congo (DRC)
- Keywords
- Sexual Violence against Men/Boys Forced Sterilization Forced Nudity Homosexuality Forced Masturbation
- Reference link
- http://ejil.org/pdfs/18/2/224.pdf
- Full reference
- Sivakumaran, Sandesh, "Sexual Violence Against Men in Armed Conflict", in The European Journal of International Law, 2007, vol. 18, no. 2, pp. 253-276.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Sivakumaran, Sandesh
-
Jurisprudence judicial mechanism
ICTY - Idriz Balaj ("Haradinaj et al.")
- Year
- 2012
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Forced Nudity Genitalia Ordering/Instigating Kunarac Unreliable Testimony Retrial
- Reference link
- http://www.icty.org/cases/party/698/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Idriz Balaj
- Charges
- Balaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing or planning), which included the repeated rape of Witness SST7/02 and Witness 61.
- Trial chamber verdict
- Although Balaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, which thus includes the sexual violence charges stipulated above.
- Appeals chamber verdict
- The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Balaj on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Balaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Balaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
- Status
- 2715
- Case number
- IT-04-84
-
Jurisprudence judicial mechanism
ICTY - Lahi Brahimaj ("Haradinaj et al.")
- Year
- 2012
- Issues
- Sexual Violence against Men Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Ordering/Instigating Retrial Unreliable Testimony
- Reference link
- http://www.icty.org/cases/party/698/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Lahi Brahimaj
- Charges
- Brahimaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02 and Witness 61.
- Trial chamber verdict
- Although Brahimaj was charged with sexual violence crimes, he was found, by the Trial Chamber on 3 April 2008, not guilty of the charges of sexual violence against him.
- sentencing
- Brahimaj was sentenced to 6 years’ imprisonment (for other charges).
- Appeals chamber verdict
- The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to hold Brahimaj not guilty on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Brahimaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. He was acquitted by the Trial Chamber on 29 November 2012 for the charges in the re-trial indictment and thus for the remaining sexual violence charge.
- Status
- 2715
- Case number
- IT-04-84
-
Jurisprudence judicial mechanism
ICTY - Ramush Haradinaj ("Haradinaj et al.")
- Year
- 2012
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Unreliable Testimony Retrial
- Reference link
- http://www.icty.org/cases/party/698/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Ramush Haradinaj
- Charges
- Haradinaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02.
- Trial chamber verdict
- Although Haradinaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, thus all of the sexual violence charges stipulated above.
- Appeals chamber verdict
- The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Haradinaj on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Haradinaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Haradinaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
- Status
- 2715
- Case number
- IT-04-84
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