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) - Damir Brekalo

    Year
    2011
    Issues
    Sexual Violence against Children Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Sentencing Rape, Physical and Mental Harm Rape HVO Soldiers Accomplice Aiding and Abetting Bosnian Muslim Population

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1199
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Damir Brekalo
    Charges
    Brekalo was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH, for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
    Trial chamber verdict
    On 20 February 2009, the Court pronounced the first-instance verdict finding the Brekalo guilty of crimes against humanity, including rape. Brekalo was sentenced to 20 years’ imprisonment.
    sentencing
    Brekalo was sentenced to 20 years’ imprisonment.
    Appeals chamber verdict
    Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010.On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Brekalo guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH.
    Status
    2715
    Case number
    KT-RZ 200/06 (Court Number X-KRN-06/300)

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Marko Radic

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    Bosnia Herzegovina
    Keywords
    Child Sex Abuse/Molestation HVO Soldiers Insufficient Evidence Psychological Impact Rape Bosnian Muslim Population Accomplice Aiding and Abetting

    Reference link
    https://trialinternational.org/latest-post/marko-radic/
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Marko Radic
    Charges
    Radic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1), (2) and (3) of the Criminal Code of BiH (individual and command responsibility), for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
    Trial chamber verdict
    On 20 February 2009, the Court pronounced the first-instance verdict finding the Radic guilty of crimes against humanity, including rape.
    sentencing
    Radic was sentenced to 21 years’ imprisonment.
    Appeals chamber verdict
    Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Radic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH. In absence of sufficient evidence, under this verdict, Radic was acquitted of charges that he personally raped Witness AG.
    Status
    2715
    Case number
    X-KRŽ-05/139

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Mirko Vracevic

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    Bosnia Herzegovina
    Keywords
    Sexual Violence, Torture Sentencing Rape, Torture HVO Soldiers Accomplice Aiding and Abetting

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1199
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Mirko Vracevic
    Charges
    Vracevic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH, for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
    Trial chamber verdict
    On 20 February 2009, the Court pronounced the first-instance verdict finding the Vracevic guilty of crimes against humanity, including rape. Vracevic was sentenced to 14 years’ imprisonment.
    sentencing
    Vracevic was sentenced to 12 years’ imprisonment.
    Appeals chamber verdict
    Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Vracevic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH.
    Status
    2715
    Case number
    KT-RZ 200/06 (Court Number X-KRN-06/300)

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zijad Kurtovic

    Year
    2009
    Issues
    Sexual Violence against Men Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Forced Oral Sex HVO Soldiers Accomplice Rape/Sexual Violence in Prison

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1043
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zijad Kurtovic
    Charges
    Kurtovic was charged on 16 May 2007 (indictment confirmed) with war crimes against civilians, war crimes against prisoners of war and violating the laws and practices of warfare under Article 180(1) (individual criminal responsibility) and Article 29 (accomplice) of the Criminal Code of BiH, for: on an unknown day in October 1993, together with another individual, forcing two detained HVO soldiers to perform oral sexual intercourse on each other.
    Trial chamber verdict
    On 30 April 2008 the Court in its first instance verdict found the Kurtovic guilty of war crimes against civilians, war crimes against prisoners of war, and violation of laws and practices of warfare. The forced oral sex incident was convicted as war crimes against prisoners of war referred to in Article 175(1)(a) and (b) of the CC BiH (“a) intentional infliction of severe physical or mental pain or suffering upon persons (tortures) and; b) causing of great suffering or serious injury to bodily integrity or health”).
    sentencing
    Kurtovic was sentenced to 11 years’ imprisonment by the Trial Court.
    Appeals chamber verdict
    On 25 March 2009, the Appellate Panel modified the first-instance Verdict in terms of the legal assessment and qualification of the offence. In that regard the Court found the accused Zijad Kurtovic guilty of the criminal offence of war crimes against civilians, which included the forced oral sex, under Article 142(1) of the Law on Application of the Criminal Code of RBiH and the Criminal Code of SFRY for which he was sentenced to nine years of imprisonment and the criminal offence of Destruction of Cultural and Historic Monuments of the Criminal Code of SFRY for which he was sentenced to three years of imprisonment and imposed upon him a compound sentence of 11 years of imprisonment.
    Status
    2715
    Case number
    X-KRŽ-06/299

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zrinko Pincic

    Year
    2013
    Issues
    Sexual Violence as a Weapon of War
    Country
    Bosnia Herzegovina
    Keywords
    Coercion HVO Soldiers International Convention Rape Rape as a Weapon of War Serb Civilians War Crimes

    Reference link
    http://www.internationalcrimesdatabase.org/Case/934
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zrinko Pincic
    Charges
    Pincic was charged on 26 June 2008 (confirmation indictment) with war crimes against civilians, including rape pursuant to Article 173(1)(e) (“coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape)”), under Article 180(1) (individual criminal responsibility) of the Criminal Code of Bosnia and Herzegovina. In the village of Donje Selo, Konjic Municipality, Pincic used to come armed, at night time, to a house where Serb civilians were detained. Pincic allegedly repeatedly took one female person from the room where other civilians were detained, and forced her to sexual intercourse, holding his rifle by the bed and threatening her that he would bring 15 soldiers and that she would then see what would then happen to all of them.
    Trial chamber verdict
    On 28 November 2008 the Court pronounced the first-instance verdict finding Pincic guilty of war crimes against civilians, including rape.
    sentencing
    Pincic was sentenced to 9 years’ imprisonment in addition to 6 years' imprisonment following the Appellate Panel's new decision.
    Appeals chamber verdict
    The Appellate Panel upheld the trial verdict on 16 April 2010. On 27 December 2013 the Appellate Panel found Pincic guilty for the criminal offence of war crimes against civilians, including rape, under Article 142(1) of the Criminal Code of SFRY (another prohibition)and Pincic was sentenced to 6 years’ imprisonment (this new decision had to do with the established violation of the applicant’s right under Article 7(1) of the European Convention; retroactive application of the Criminal Code of BiH).
    Status
    2715
    Case number
    X-KRŽ-08/502

  • Jurisprudence judicial mechanism

    ICTY - Bruno Stojic (“Prlic et al.”)

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    War Crimes Inhuman Treatment Imprisonment HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity

    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
    Bruno Stojic
    Charges
    - Persecution as a crime against humanity, 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) for various sexual violence crimes.
    Trial chamber verdict
    Stojic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, 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.
    sentencing
    Stojic was sentenced to 20 years’ imprisonment on 29 May 2013.
    Appeals chamber verdict
    The Appeals Chamber confirmed the charges and convictions made by the Trial Chamber on 29 November 2017.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTY - Ivica Rajic (“Stupni Do”)

    Year
    2006
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Sexual Assault/Attack/Abuse Sexual War Violence Soldiers HVO Soldiers Characteristic of Perpetrator

    Reference link
    http://www.icty.org/cases/party/772/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ivica Rajic
    Charges
    - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assaults of Muslim women in Stupni Do on 23 October 1993 and Vareš town between 23 October 1993 and 3 November 1993.- Outrages upon personal dignity as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) and 7(3).
    Trial chamber verdict
    Rajic entered a guilty plea to several counts in the indictment (on 26 October 2005), which included one charge related to sexual violence. Rajic was therefore found guilty by the Trial Chamber of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime Rajic was therefore found not guilty of (as these charges were withdrawn following the guilty plea): - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime for the same sexual violence crimes as listed above.
    sentencing
    Rajic was sentenced to 12 years’ imprisonment on 8 May 2006.
    Status
    2715
    Case number
    IT-95-12

  • Jurisprudence judicial mechanism

    ICTY - Milivoj Petkovic (“Prlic et al.”)

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    War Crimes HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity

    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
    Milivoj Petkovic
    Charges
    - Persecution as a crime against humanity, 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) for various sexual violence crimes.
    Trial chamber verdict
    Petkovic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, 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.
    sentencing
    Petkovic was sentenced to 20 years’ imprisonment by the Trial Chamber, and the Appeals Chamber confirmed this sentence on 29 November 2017.
    Appeals chamber verdict
    On 29th November 2017, the Appeals Chamber in its judgment granted Petkovic’s appeal in part, although it affirmed the sentence of 20 years of imprisonment against him.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Bralo (“Lasva Valley”)

    Year
    2007
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Detention Biting Ejaculating HVO Soldiers Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/671/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Miroslav Bralo
    Charges
    - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (committing and aiding and abetting) for repeatedly raping Witness A and biting her nipples while Furundžija interrogated her in the presence of others on, or about, 15 May 1993 and for confining her in a house in the area of Nadioci where she was repeatedly raped by members of the “Jokers” with the knowledge of Bralo between 16 May 1993 and July 1993.
    Trial chamber verdict
    Bralo entered a guilty plea to all counts in the indictment on 19 July 2005. Bralo was found guilty by the Trial Chamber of: - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Bralo was sentenced to 20 years’ imprisonment on 2 April 2007.
    Status
    2715
    Case number
    IT-95-17

  • Jurisprudence judicial mechanism

    ICTY - Valentin Coric (“Prlic et al.”)

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    HVO Soldiers Joint Criminal Enterprise (JCE)

    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
    Valentin Coric
    Charges
    - Persecution as a crime against humanity, 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) for various sexual violence crimes.
    Trial chamber verdict
    Coric was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, 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.
    sentencing
    Coric was sentenced to 16 years’ imprisonment by the Trial Chamber and this was reaffirmed by the Appeals Chamber on 29 November 2017.
    Appeals chamber verdict
    On 29th November 2017, the Appeals Chamber in its judgment granted Coric’s appeal in part, although it affirmed the sentence of 16 years' imprisonment against him.
    Status
    2715
    Case number
    IT-04-74

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