Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 33 results.

  • 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 - 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 - 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

  • Jurisprudence judicial mechanism

    ICTY - Mico Stanisic (“Stanisic & Zupljanin”)

    Year
    2016
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Torture Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/783/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mico Stanisic
    Charges
    - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
    Trial chamber verdict
    Stanisic was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity. - Torture and murder as violations of the laws or customs of war as a war crime Stanisic was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity.
    sentencing
    Stanisic was sentenced by the Trial Chamber to 22 years’ imprisonment on 30 June 2016.
    Appeals chamber verdict
    The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
    Status
    2715
    Case number
    IT-08-91

  • Jurisprudence judicial mechanism

    ICTY - Stojan Župljanin (“Stanišic & Župljanin”)

    Year
    2016
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Acquittal Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/783/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Stojan Župljanin
    Charges
    - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
    Trial chamber verdict
    Župljain was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Župljain was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity (similar as above under ‘torture’).
    sentencing
    Župljain was sentenced to 22 years’ imprisonment on 30 June 2016.
    Appeals chamber verdict
    The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
    Status
    2715
    Case number
    IT-08-91

  • Jurisprudence judicial mechanism

    ICTR - Edouard Karemera (“Karemera et al.”)

    Year
    2014
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Genocidal Rape Joint Criminal Enterprise (JCE) Sexual Violence as Genocide Superior Responsibility

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Edouard Karemera
    Charges
    - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide. -Rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. (As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture, Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe).
    Trial chamber verdict
    Karemera was found guilty by the Trial Chamber on 2 February 2012 of:- Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide-Rape as a crime against humanity
    sentencing
    Karemera received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 29 September 2014 reversed the Trial Chamber’s finding that Karemera bore superior responsibility over the Kigali and/or Gisenyi Interahamwe in relation to the rapes and sexual assaults of Tutsi women committed outside Kigali from April to June 1994. The other sexual violence convictions by the Trial Chamber remained standing.
    Status
    2715
    Case number
    ICTR-98-44

  • Jurisprudence judicial mechanism

    ICTR - Matthieu Ngirumpatse (“Karemera et al.”)

    Year
    2014
    Issues
    Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Superior Responsibility Joint Criminal Enterprise (JCE) Sexual Violence as Genocide

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Matthieu Ngirumpatse
    Charges
    - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide. -Rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. (As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture,Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe).
    Trial chamber verdict
    Ngirumpatse was found guilty by the Trial Chamber (on 2 February 2012) of: - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide and rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture, Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe.
    sentencing
    Ngirumpatse received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 29 September 2014 reversed the Trial Chamber’s finding that Ngirumpatse bore superior responsibility over the Kigali and/or Gisenyi Interahamwe in relation to the rapes and sexual assaults of Tutsi women committed outside Kigali from April to June 1994. The other sexual violence convictions by the Trial Chamber remain standing.
    Status
    2715
    Case number
    ICTR-98-44

  • Jurisprudence judicial mechanism

    ICTY - Nebojsa Pavkovic (“Sainovic et al.; previously Milutinovic et al.”)

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Persecution on Sexual Grounds Joint Criminal Enterprise (JCE) Superior Responsibility Physical Integrity Consent Foreseeable Consequence Common Objective of JCE Kosovo Albanian Civilians Kunarac

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nebojsa Pavkovic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) for sexual assaults committed in Decani/Deçan and in Cirez/Qirez in the municipality of Srbica/Skenderaj by the VJ and MUP forces executing his orders. - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians.
    Trial chamber verdict
    Pavkovic was found guilty by the Trial Chamber on 26 February 2009 of: - Persecution as a crime against humanity Pavkovic was found not guilty by the Trial Chamber of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity
    sentencing
    Pavkovic was sentenced by the Appeals Chamber to 22 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Pavkovic not guilty for committing through his participation in a JCE III persecution, through sexual assaults, as a crime against humanity in Priština/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    ICTY - Vlastimir Dordevic (“Kosovo”)

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Sexual Assault/Attack/Abuse Joint Criminal Enterprise (JCE) Kosovo Albanian Civilians Partner Violence

    Reference link
    http://www.icty.org/cases/party/810/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Vlastimir Dordevic
    Charges
    - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through various crimes, including the sexual assaults of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians. - Persecution as a crime against humanity under Article 7(1) for the sexual assaults of Witness K20, the other two women in Beleg, Witness K14, and the girl in a convoy.
    Trial chamber verdict
    Dordevic was found not guilty by the Trial Chamber on 23 February 2011 of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity - Persecution as a crime against humanity
    sentencing
    Dordevic was sentenced to 18 years’ imprisonment on 27 January 2014.
    Appeals chamber verdict
    The Appeals Chamber reversed on 27 January 2014 the Trial Chamber’s acquittal for persecution as a crime against humanity under Article 7(1) (under JCE III) for the sexual assaults of Witness K20, the other two women in Beleg, Witness K14, and the girl in a convoy, with Judge Güney and Judge Tuzmukhamedov dissenting in part.
    Status
    2715
    Case number
    IT-05-87/1

  • Literature

    Jarvis, Michelle and Martin Salgado, Elena - Future Challenges to Prosecuting Sexual Violence...

    Year
    2013
    Issues
    Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Rape Responsibility Joint Criminal Enterprise (JCE) Camp Prosecution

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Jarvis, Michelle and Elena Martin Salgado, "Future Challenges to Prosecuting Sexual Violence under International Law: Insights from ICTY Practice", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 101-122.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Jarvis, Michelle and Martin Salgado, Elena
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

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