Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 12 results.

  • Jurisprudence judicial mechanism

    ICTY - Berislav Pusic ("Prlic et al.")

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Extended Joint Criminal Enterprise Foreseeable Consequence

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Berislav Pusic
    Charges
    Pusic was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE III); - Rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) and 7(3) (command responsibility).
    Trial chamber verdict
    Pusic was found not guilty by the Trial Chamber on 29 May 2013 for both the sexual violence charges stipulated above. For the persecution charge, the Trial Chamber could not find beyond reasonable doubt that Pusic could have foreseen the sexual abuse during eviction operations. Judge Antonetti dissenting for the rape as a crime against humanity and war crime charge.
    sentencing
    Pusic was sentenced by the Trial Chamber to 10 years’ imprisonment on 29 May 2013 (for other charges). This sentence was subsequently affirmed by the Appeals Chamber.
    Appeals chamber verdict
    On 29 November 2017, the Appeals Chamber in its judgment dismissed Pusic’s appeal in its entirety although it reversed three previous convictions against him on other grounds.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTY - Dragoljub Ojdanic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2009
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Kunarac Knowledge of the Crimes

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragoljub Ojdanic ("Sainovic et al."; previously Milotinovic et al.)
    Charges
    Ojdanic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Ojdanic was found not guilty by the Trial Chamber on 26 February 2009 of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity; - Persecution as a crime against humanity. With regard to deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity, the Trial Chamber found that, while the forcible displacements were part of the VJ and MUP organized campaign, it was not satisfied beyond reasonable doubt that sexual assaults were intended aims of this campaign. The Trial Chamber found that it was not proved that Ojdanic was aware that the VJ and MUP were going into some specific crime sites in order to commit sexual assaults and, therefore, the Trial Chamber found that the mental element of aiding and abetting was not established in relation to these crimes. Moreover, it did not find that information regarding the specific sexual assaults, for which it was provided that the VJ was responsible, was available to Ojdanic or that he had reason to know about them.
    sentencing
    Ojdanic was sentenced by the Trial Chamber to 15 years’ imprisonment on 26 February 2009 (for other charges). His sentence was not appealed.
    Status
    2715
    Case number
    IT-05-87

  • 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 - Milan Milutinovic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Acquittal Definition of Sexual Assault Kunarac Persecution on Sexual Grounds Foreseeable Consequence Extended Joint Criminal Enterprise

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Milutinovic
    Charges
    Milutinovic was charged with sexual violence crimes: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Milutinovic was acquitted by the Trial Chamber on 26 February 2009 on all charges in the indictment, thus also the sexual violence charges.
    Status
    2715
    Case number
    IT-05-87https://www.nurembergacademy.org/typo3/index.php?route=%2Frecord%2Fedit&token=a980ada95207a1920df6d05d7e5322130ee2577e&edit[tx_svdatabase_domain_model_record][441]=edit&returnUrl=%2Ftypo3%2Findex.php%3FM%3Dweb_list%26moduleToken%3Dd464a6b5c4cb9d38

  • 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 - Nebojsa Pavkovic (“Sainovic et al.; previously Milutinovic et al.”)

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Persecution on Sexual Grounds Joint Criminal Enterprise (JCE) Superior Responsibility Physical Integrity Consent Foreseeable Consequence Common Objective of JCE Kosovo Albanian Civilians Kunarac

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nebojsa Pavkovic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) for sexual assaults committed in Decani/Deçan and in Cirez/Qirez in the municipality of Srbica/Skenderaj by the VJ and MUP forces executing his orders. - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians.
    Trial chamber verdict
    Pavkovic was found guilty by the Trial Chamber on 26 February 2009 of: - Persecution as a crime against humanity Pavkovic was found not guilty by the Trial Chamber of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity
    sentencing
    Pavkovic was sentenced by the Appeals Chamber to 22 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Pavkovic not guilty for committing through his participation in a JCE III persecution, through sexual assaults, as a crime against humanity in Priština/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    ICTY - Nikola Sainovic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Extended Joint Criminal Enterprise Foreseeable Consequence Definition of Sexual Assault Kunarac Knowledge of the Crimes

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nikola Sainovic
    Charges
    Sainovic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    The Trial Chamber, with Judge Ali Nawaz Chowhan partly dissenting, held that it was not established that the sexual assault charges that were proven (in Beleg and Cirez/Qirez) were reasonably foreseeable to Sainovic and that he lacked knowledge of these crimes.
    sentencing
    Sainovic was sentenced by the Appeals Chamber to 18 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber on 23 January 2014, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Sainovic not guilty for committing through his participation in a JCE persecution, through sexual assaults, as a crime against humanity in Beleg, Cirez/Qirez, and Pristina/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    ICTY - Slobodan Praljak ("Prlic et al.")

    Year
    2017
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Extended Joint Criminal Enterprise Foreseeable Consequence

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Slobodan Praljak
    Charges
    Praljak was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE III); - Rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) and 7(3) (command responsibility).
    Trial chamber verdict
    Praljak was found not guilty by the Trial Chamber on 29 May 2013 for both of the sexual violence charges stipulated above. The Trial Chamber could not find beyond reasonable doubt that Praljak could have foreseen that members of the HVO would commit sexual abuse in the town of Vares and in Stupni Do from 23 to 25 October 1993. Judge Antonetti dissenting on the not guilty verdict for rape as a crime against humanity and a war crime.
    sentencing
    Praljak was sentenced by the Trial Chamber to 20 years’ imprisonment on 29 May 2013 (for other charges). This sentence was reaffirmed by the Appeals Chamber on 29th November 2017.
    Appeals chamber verdict
    On 29th November 2017, the Appeals Chamber in its judgment granted Praljak’s appeal in part, although it affirmed the sentence of 20 years of imprisonment against him.
    Status
    2778
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTY - Sreten Lukic ("Sainovic et al.; previously Milutinovic et al.")

    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Knowledge of the Crimes Kunarac

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Sreten Lukic
    Charges
    Lukic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Lukic was found not guilty by the Trial Chamber on 26 February 2009 for the charges stipulated above. The Trial Chamber held, with Judge Ali Nawaz Chowhan partly dissenting, that it was not established that the sexual assault charges that were proven (in Beleg and Cirez/Qirez) were reasonably foreseeable to Lukic and that he lacked knowledge of these crimes.
    sentencing
    Lukic was sentenced by the Appeals Chamber to 20 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Lukic not guilty for committing through his participation in a JCE persecution, through sexual assaults, as a crime against humanity in Beleg, Cirez/Qirez, and Pristina/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    ICTY - Vladimir Lazarevic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2014
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Knowledge of the Crimes Kunarac Specific Intent

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Vladimir Lazarevic
    Charges
    Lazarevic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Lazarevic was found not guilty by the Trial Chamber on 26 February 2009 of both the above stipulated charges. With regard to deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity, the Trial Chamber found that, while the forcible displacements were part of the VJ and MUP organized campaign, it was not satisfied beyond reasonable doubt that sexual assaults were intended aims of this campaign. The Trial Chamber found that it was not proved that Lazarevic was aware that the VJ and MUP were going into some specific crime sites in order to commit sexual assaults and, therefore, the Trial Chamber found that the mental element of aiding and abetting was not established in relation to these crimes. Moreover, it did not find that information regarding the specific sexual assaults, for which it was provided that the VJ was responsible, was available to Lazarevic or that he had reason to know about them.
    sentencing
    Lazarevic was sentenced by the Appeals Chamber to 14 years’ imprisonment on 23 January 2014 (for other charges).
    Status
    2715
    Case number
    IT-05-87

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