Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 33 results.

  • 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

  • Jurisprudence judicial mechanism

    ICTY - Ratko Mladic

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Joint Criminal Enterprise (JCE) Genocidal Rape

    Reference link
    http://www.icty.org/cases/party/704/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ratko Mladic
    Charges
    Mladic is charged with a number of sexual violence crimes, i.e.: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about physical destruction as genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which includes rape and other acts of sexual violence carried out by Bosnian Serb Political and Governmental Organs and Serb Forces against Bosnian Muslims and Bosnian Croats in detention facilities; - Persecution as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility) through rape and other acts of sexual violence carried out by Bosnian Serb Political and Governmental Organs and Serb Forces against Bosnian Muslims and Bosnian Croats during and after takeovers and in detention facilities; - Deportation as a crime against humanity and inhumane acts (forcible transfer) as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility) of Bosnian Muslim and/or Bosnian Croats by forcibly displacing them as a result of certain crimes or the threat thereof, including rape and other acts of sexual violence.
    sentencing
    On 22 November 2017, Mladic was sentenced to life imprisonment by an ICTY Trial Chamber.
    Status
    2778
    Case number
    IT-09-92

  • Jurisprudence judicial mechanism

    ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milojica Kos
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    Trial chamber verdict
    Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
    Appeals chamber verdict
    No appeal in this case.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Simo Zaric (Simic et al. "Bosanski Samac")

    Year
    2003
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Forced Nudity Urination Forced to watch Rape Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/781/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Simo Zaric
    Charges
    - Persecution as a crime against humanity under Article 7(1) (aiding and abetting), which included sexual assaults of detainees (constituting torture) of non-Serb civilians in the municipality of Bosanski Samac.
    Trial chamber verdict
    Zaric was found guilty by the Trial Chamber on 17 October 2003 of:- Persecution as a crime against humanity. Judge Per-Johan Lindholm dissented from the Trial Chamber’s Judgement as to the mode of liability; according to the Judge, Zaric, like co-accused Simic, was liable under JCE I.
    sentencing
    Zaric was sentenced to 6 years’ imprisonment on 17 October 2003 by the Trial Chamber.
    Appeals chamber verdict
    Zaric did not appeal the Trial Chamber’s judgment.
    Status
    2715
    Case number
    IT-95-9

  • Jurisprudence judicial mechanism

    ICTY - Radislav Krstic (“Srebrenica-Drina Corps”)

    Year
    2004
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Ethnic Cleansing Joint Criminal Enterprise (JCE) Mental Harm Genocide

    Reference link
    http://www.icty.org/cases/party/711/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radislav Krstic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) for the incidental rapes committed against the Bosnian Muslims as they were natural and foreseeable consequences of the joint criminal enterprise implemented at Potocari on 12 and 13 July 1995.
    Trial chamber verdict
    Krstic was found guilty by the Trial Chamber on 2 August 2001 of:- Persecution as a crime against humanity
    sentencing
    Krstic received a sentence of 35 years’ imprisonment on 19 April 2004.
    Appeals chamber verdict
    The Appeals Chamber upheld the conviction 19 April 2004.
    Status
    2715
    Case number
    IT-98-33

  • Jurisprudence judicial mechanism

    ICTY - Dragoljub Prcac (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Nudity Sexual Slavery Forced Prostitution Joint Criminal Enterprise (JCE) Forced to watch Rape Foreseeable Consequence Kunarac Akayesu

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragoljub Prcac
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    Trial chamber verdict
    Prcac was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Prcac was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Prcac was sentenced to 5 years’ imprisonment.
    Appeals chamber verdict
    The conviction was upheld by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Mlado Radic (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Nudity Joint Criminal Enterprise (JCE) Attempted Rape Threat of Rape Forced to watch Rape Forced Prostitution Akayesu Kunarac

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mlado Radic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE) for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a crime against humanity, rape as a crime against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp.
    Trial chamber verdict
    Radic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Radic was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime - Torture as a crime against humanity, - Rape as a crime against humanity and - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Radic received a sentence of 20 years’ imprisonment on 28 February 2005.
    Appeals chamber verdict
    The conviction was upheld by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Literature

    Haffajee, Rebecca L. - Prosecuting Crimes of Rape and Sexual Violence

    Year
    2006
    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Accountability Akayesu Prosecution Joint Criminal Enterprise (JCE)

    Reference link
    https://pdfs.semanticscholar.org/65b3/e13e70452bd135177cd33ae7ef45a5fde0e1.pdf
    Full reference
    Haffajee, Rebecca L., "Prosecuting Crimes of Rape and Sexual Violence at the ICTR: The Application of Joint Criminal Enterprise Theory", in Harv. JL & Gender, 2006, vol. 29, no.1, pp. 201-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Haffajee, Rebecca L.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    ICTR - Jean Mpambara

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Genocidal Rape Hutu Tutsi Joint Criminal Enterprise (JCE) Aiding and Abetting

    Reference link
    http://www.unictr.org/en/cases/ictr-01-65
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean Mpambara
    Charges
    Mpambara was charged with the following sexual violence crimes: Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 6(1) (aiding and abetting by omission or, alternatively, JCE III) for acts of sexual violence committed against Tutsi women between 6 and 16 April 1994, including: (i) the rape of a Tutsi woman by two attackers in Gahini sector, in Rukara commune, on or about 8 April 1994; (ii) the rape of a pregnant Hutu woman married to a Tutsi man by multiple attackers in Nyawera sector, in Rukara commune, on or about 11 April 1994; and (iii) the rapes of a number of Tutsi women by soldiers during the attacks on Rukara parish between 7 and 16 April 1994.
    Trial chamber verdict
    Mpambara was found not guilty of all charges by the Trial Chamber on 12 September 2006, thus including sexual violence, and was acquitted.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittal.
    Status
    2715
    Case number
    ICTR-01-65

  • Jurisprudence judicial mechanism

    ICTY - Milomir Stakic (“Prijedor”)

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Rape Joint Criminal Enterprise (JCE) Detention Centers Forced to watch Rape Genocidal Intent Coercion

    Reference link
    http://www.icty.org/cases/party/782/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milomir Stakic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (co-perpetration), which included rapes and sexual assault.- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various camps (e.g. Omarska, Keraterm, Trnopolje) and detention facilities in the Prijedor municipality to rape and sexual assault or forcing them to witness such crimes.
    Trial chamber verdict
    Stakic was found guilty by the Trial Chamber on 31 July 2003 of:- Persecution as a crime against humanity Stakic was found not guilty by the Trial Chamber of:- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide as it was not proved that Stakic had the specific genocidal intent.
    sentencing
    Stakic was sentenced to 40 years’ imprisonment on 22 March 2006.
    Appeals chamber verdict
    The Appeals Chamber confirmed the conviction, but changed the mode of liability from co-perpetration to JCE I.
    Status
    2715
    Case number
    IT-97-24

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