Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 10 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zeljko Lelek

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Cigarette Burns Female Genital Cutting Genitalia Accomplice Psychological Impact

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1048
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zeljko Lelek
    Charges
    Lelek was charged on 16 November 2006 (confirmed on 20 November 2006) with persecution as a crime against humanity, including rape (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility) of the Criminal Code of BiH, for committing rape and other crimes in the area of the Višegrad Municipality against the Bosniak civilian population of the Višegrad Municipality in the period between April and June 1992. According to the indictment, in this period, together with Milan Lukic, Lelek raped a female person, who had been stripped naked and tied to the metal bed frame by an unidentified soldier, on orders from Milan Lukic. Lelek and Lukic allegedly abused the woman physically by putting out cigarettes on her body, stabbing her with a knife and cutting her in the genital area, while subjecting her to psychological abuse. The indictment further alleges that the Accused and others raped this person on daily basis over a period of ten days during which she was held captive. During the month of June 1992, the Accused allegedly raped several other women who were held in unlawful captivity.
    Trial chamber verdict
    On 23 May 2008, the Court handed down its first-instance verdict finding Lelek guilty of persecution as a crime against humanity, including rape. Lelek was found guilty of using force to coerce Bosniak women to sexual intercourse and other forms of severe sexual violence. Lelek was, however, acquitted of the charges that he, on an unspecified date in the summer of 1992, in a group with Mitar Vasiljevic and three other unidentified men, raped two Bosniak women in the Vilina vlas spa in April and June 1992 because based on the evidence adduced before the Court it could not be established that Lelek committed the crimes in question.
    sentencing
    Lelek was sentenced to 16 years’ imprisonment after the Appellate Panel revised his sentence.
    Appeals chamber verdict
    On 12 January 2009 the Appellate Panel modified the first-instance verdict in its sentencing part. Lelek was subsequently sentenced to 16 years’ imprisonment. The conviction was upheld.
    Status
    2715
    Case number
    (X-KRŽ-06/202)

  • Jurisprudence judicial mechanism

    ICC - Iraq/UK

    Issues
    Sexual Violence against Men
    Country
    Iraq, United Kingdom
    Keywords
    Forced Masturbation Genitalia Rape/Sexual Violence in Detention Preliminary Investigation

    Reference link
    https://www.icc-cpi.int/iraq
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

  • Jurisprudence judicial mechanism

    ICC - Uhuru Muigai Kenyatta

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence against Men Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kenya
    Keywords
    Acts of a Sexual Nature Genitalia Withdrawal of Charges Penile Amputation

    Reference link
    https://www.icc-cpi.int/kenya/kenyatta
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Uhuru Muigai Kenyatta
    Charges
    Kenyatta was charged, in the context of the 2007-2008 post-election violence in Kenya, with: - Rape and other forms of sexual violence as crimes against humanity under Article 25(3)(a) or (d) (“From on or about 27 December 2007 to 29 February 2008, Muthaura, Kenyatta and Ali, as co-perpetrators, or in the alternative, as part of a group of persons acting with a common purpose, committed or contributed to the commission of crimes against humanity, namely rape and other forms of sexual violence against civilian supporters of the Orange Democratic Movement political party in or around locations including Kibera (Kibera Division, Nairobi Province), Nakuru town (Nakuru District, Rift Valley Province) and Naivasha town (Naivasha District, Rift Valley Province), Republic of Kenya, in violation of Articles 7(l)(g) and 25(3)(a) or (d) of the Rome Statute.”).
    Trial chamber verdict
    In the Decision on the Confirmation of the Charges of 23 January 2012, the Chamber decided to remain the charge of rape as a crime against humanity, but to replace the charge of other forms of sexual violence as crimes against humanity (Article 7(1)(g) with causing severe/serious physical injuries which constitutes other inhumane acts as crimes against humanity (Article 7(1)(k)). (“Turning to the legal characterization of these acts, the Chamber recalls that it is essential for qualification of a certain act as other forms of sexual violence pursuant to article 7(l)(g) of the Statute that the act in question be of a sexual nature. The Chamber notes that at the confirmation of charges hearing, the Prosecutor submitted ‘that these weren’t just attacks on men’s sexual organs as such but were intended as attacks on men’s identities as men within their society and were designed to destroy their masculinity’. The Chamber is of the view that not every act of violence which targets parts of the body commonly associated with sexuality should be considered an act of sexual violence. In this respect, the Chamber considers that the determination of whether an act is of a sexual nature is inherently a question of fact. The Chamber finds that the evidence placed before it does not establish the sexual nature of the acts of forcible circumcision and penile amputation visited upon Luo men. Instead, it appears from the evidence that the acts were motivated by ethnic prejudice and intended to demonstrate cultural superiority of one tribe over the other. Therefore, the Chamber concludes that the acts under consideration do not qualify as other forms of sexual violence within the meaning of article 7(l)(g) of the Statute. However, as explained in the following section, the Chamber considers them as part of the Prosecutor’s allegation of acts causing severe physical injuries and will address them accordingly.” (paras. 264-266)) On 5 December 2014, the Prosecutor filed a notice to withdraw charges against Kenyatta (due to the status of the evidence available). On 13 March 2015, Trial Chamber V(B), noting the Prosecution’s withdrawal of charges against Kenyatta, decided to terminate the proceedings in this case and to vacate the summons to appear against him. The Prosecution held that the case can be re-opened, or brought in a different form, if new evidence establishing the crimes and his responsibility for them is discovered. Trial terminated.
    Status
    2715
    Case number
    ICC-01/09-02/11

  • Jurisprudence judicial mechanism

    ICTR - Simeon Nchamihigo

    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Acquittal Castration Inhuman Treatment Sexual Violence against Men/Boys Genitalia

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-63
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simeon Nchamihigo
    Charges
    Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) (ordering or instigating) for ordering or instigating Interahamwe to remove the genitals of a Tutsi man called Jean-Fidele Murekezi before killing him near Cyangugu prison on or about 16 April 1994.
    Trial chamber verdict
    No evidence was led on the charge (on the removal of body parts or organs) against Nchamihigo. Nchamihigo was therefore found not guilty by the Trial Chamber (on 12 November 2008) of other inhumane acts as crimes against humanity (and the matter was not part of the Appeal Judgment).
    sentencing
    Nchamihigo was sentenced to 40 years’ imprisonment on 18 March 2010.
    Status
    2715
    Case number
    ICTR-01-63

  • 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 - Milan Simic (“Bosanski Samac”)

    Year
    2002
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Prison Torture Genitalia Penis Castration

    Reference link
    http://www.icty.org/cases/party/751/4
    Full reference
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Simic
    Charges
    - Torture as a crime against humanity for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic’s penis and for concurrently firing gunshots over his head. - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic's penis and for concurrently firing gunshots over his head (same acts as for which the conviction for torture as a crime against humanity was based on). - Persecution as a crime against humanity under Article 7(1) for the same acts.
    Trial chamber verdict
    Simic entered a guilty plea on 15 May 2002 and was found guilty by the Trial Chamber of: - Torture as a crime against humanity As Simic entered a guilty plea to torture as a crime against humanity only, the other sexual violence charges were withdrawn. Simic was therefore found not guilty of: - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime - Persecution as a crime against humanity
    sentencing
    Simic received a sentence of 5 years’ imprisonment by the Trial Chamber on 17 October 2002.
    Status
    2715
    Case number
    IT-95-9/2

  • Jurisprudence judicial mechanism

    ICTY - Mladen Naletilic (“Naletilic & Martinovic” Tuta and Stela)

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Genitalia Inhuman Treatment

    Reference link
    http://www.icty.org/cases/party/752/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mladen Naletilic
    Charges
    - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (committing) for beating a young man named Zilic on the genitals with his hand at the Tobacco Institute in Mostar on 10 May 1993.
    Trial chamber verdict
    Naletilic was found guilty by the Trial Chamber on 31 March 2003 of: - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime
    sentencing
    Naletilic was sentenced to 20 years’ imprisonment on 3 May 2006.
    Appeals chamber verdict
    The Appeals Chamber affirmed the conviction of the Trial Chamber on 3 May 2006.
    Status
    2715
    Case number
    IT-98-34

  • 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

  • Jurisprudence judicial mechanism

    ICTY - Zdravko Mucic (Mucic et al. "Celebici Camp")

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Genitalia Forced Oral Sex Superior Responsibility

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Zdravko Mucic
    Charges
    - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the multiple rapes of Grozdana Cecez and Milojka Antic (Witness A). - Willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the serious pain and injury inflicted upon detainee Vukašin Mrkajic when Esad Landzo placed a burning fuse cord against Vukašin Mrkajic’s bare skin in the genital area. - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for when Esad Landzo forced two detainees, Vaso Dorcic and his brother Veseljko Dorcic, to commit fellatio on each other.
    Trial chamber verdict
    Mucic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime - Willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime
    sentencing
    Mucic was sentenced to 9 years of imprisonment on 8 April 2003.
    Appeals chamber verdict
    The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the multiple rapes of Grozdana Cecez and Milojka Antic (Witness A). In addition, the Appeals Chamber reversed the Trial Chamber’s conviction for cruel treatment as a violation of the laws or customs of war as a war crime, but upheld the willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the serious pain and injury inflicted upon detainee Vukasin Mrkajic when Esad Landzo placed a burning fuse cord against Vukasin Mrkajic’s bare skin in the genital area. Finally, The Appeals Chamber reversed the cruel treatment as a violation of the laws or customs of war as a war crime, but upheld the inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for when Esad Landzo forced two detainees, Vaso Dorcic and his brother Veseljko Dorcic, to commit fellatio on each other.
    Status
    2715
    Case number
    IT-96-21

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