Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 12 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 - 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

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