Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 33 of 33 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Momcilo Gruban (“Mejakic et al.”)

    Year
    2009
    Issues
    Modes of Liability Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Mitigating Circumstances Rape Sexual Abuse Joint Criminal Enterprise (JCE)

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1063
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Momcilo Gruban
    Charges
    Gruban was indicted on 14 July 2006 (indictment confirmed) for charges of crimes against humanity, including sexual violence. (Article 172(g) of the Criminal Code of BiH), under Articles 29 (accomplice) and 180(1) and (2) (individual and command responsibility) of CC BiH. Gruban participated in abuses and persecutions committed during the period from 30 April to the end of 1992 against the non-Serbs in the territory of the Prijedor municipality; about 7000 non-Serb civilians were subjected to capturing, taking to and arbitrary confinement at the Omarska and Keraterm camps, as part of the plan of permanent removal of the non-Serbs.
    Trial chamber verdict
    On 30 May 2008, the Trial Panel found Gruban guilty of crimes against humanity, including sexual violence (rape and other forms of sexual abuse), under Article 180(1) and (2), for: “rape and other forms of sexual abuse of detainees directly or personally committed by persons outside of the shift that was under Momcilo Gruban’s command but in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K027 who was sexually assaulted by the shift Commander Mlado Radic and on another occasion in July 1992 by Nedeljko Grabovac, witness K019, who was raped on numerous occasions by camp guards and witness K040 who was sexually abused twice by camp guard Lugar.” All related to events in the Omarska camp.
    sentencing
    Gruban was sentenced to 11 years’ imprisonment which was reduced to 7 years on appeal.
    Appeals chamber verdict
    On 16 February 2009, Gruban’s conviction was upheld on appeal. However, the mode of liability was changed from Article 180(1) and (2) to liability on the grounds of JCE. Gruban’s sentence was, however, reduced as the Appellate Panel found that the Trial Panel had not properly taken into consideration the mitigating factors in his case, namely that Gruban had in several instances helped detained people in order to at least alleviate their suffering. Gruban’s sentence was therefore reduced to 7 years’ imprisonment.
    Status
    2715
    Case number
    X-KRZ-06/200

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Dusko Knezevic (“Mejakic et al.”)

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Rape Sexual Violence Joint Criminal Enterprise (JCE) Persecution on Sexual Grounds Camp

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1063
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Dusko Knezevic
    Charges
    Knezevic was indicted on 14 July 2006 (indictment confirmed) for charges of crimes against humanity, including sexual violence (rape and other forms of sexual abuse) (Article 172(g) of the Criminal Code of BiH), under Articles 29 (accomplice) and 180(1) (individual responsibility) of CC BiH. Knezevic participated in abuses and persecutions committed during the period from 30 April to the end of 1992 against the non-Serbs in the territory of the Prijedor municipality; about 7000 non-Serb civilians were subjected to capturing, taking to and arbitrary confinement at the Omarska and Keraterm camps, as part of the plan of permanent removal of the non-Serbs.
    Trial chamber verdict
    On 30 May 2008, the Trial Panel found Knezevic guilty of crimes against humanity, including sexual violence (rape and other forms of sexual abuse), under Article 180(1), for: “rape and other forms of sexual abuse of the detainees directly or personally committed by persons other than Dusko Knezevic but in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K019 who was raped on numerous occasions by the camp guards; witness K027 who was sexually assaulted by the shift Commander Mlado Radic and in July 1992 by Nedeljko Grabovac; witness K040 who was sexually abused twice by camp guard Lugar.” These events related to the Omarska camp. In addition, Knezevic was also found guilty of sexual violence committed in Keraterm camp
    sentencing
    Knezevic was sentenced to 31 years’ imprisonment.
    Appeals chamber verdict
    On 16 February 2009, Knezevic's conviction and sentence was upheld on appeal. However, the mode of liability was changed from Article 180(1) to liability on the grounds of JCE.
    Status
    2715
    Case number
    X-KRŽ-06/200

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Coric Nedzad et al.

    Country
    Bosnia Herzegovina
    Keywords
    Joint Criminal Enterprise (JCE) Rape Camps Rape Rape/Sexual Violence in Prison

    Reference link
    http://www.sudbih.gov.ba/predmet/3718/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Nedzad Coric, Jure Kordic, Drazen Lovric, Dario Susac, Nedzad Tinjak, Nuhan Sikalo, Dario Mihalj, Stanko Skobic, Tomislav Ancic, Marinko Sunjic, Slavko Golemac
    Charges
    The Indictment charged the accused with the commission of the following criminal offenses: Nedzad Coric, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Jure Kordic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), a) and f) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Drazen Lovric, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Dario Susac, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), f) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Nedzad Tinjak, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), k), f) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Nuhan Sikalo, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Dario Mihalj, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs g) and f) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Stanko Skobic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Tomislav Anci, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Marinko Sunjic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Slavko Golemac, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH.
    Status
    2778
    Case number
    S1 1 K 027427 18 Kri

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