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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