Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 12 of 12 results.

  • 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 - 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

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