Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 33 results.

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Abdullah Kadhim Ruwayid
    Charges
    Ruwayid was indicted on 31 July 2005 for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Abdullah Ruwayid received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Ali Dayeh Ali (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Ali Dayeh Ali
    Charges
    Ali was indicted (on 31 July 2005) for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ali was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Ali received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Barazan Ibrahim Hassan (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Use of Euphemistic Language Shame Joint Criminal Enterprise (JCE)

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Barazan Ibrahim Hassan
    Charges
    Hassan was indicted on 31 July 2005 for committing (via a JCE) different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Hassan was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity].
    sentencing
    Hassan received a death sentence by hanging.
    Status
    2715
    Findings
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Mizher Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Mizher Abdullah Kadhim Ruwayid
    Charges
    Ruwayid was indicted on 31 July 2005 for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Mizher Ruwayid received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Taha Yassin Ramadan (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Joint Criminal Enterprise (JCE) Use of Euphemistic Language Shame

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Taha Yassin Ramadan
    Charges
    Ramadan was indicted on 31 July 2005 for committing (via a JCE) different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ramadan was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity]
    sentencing
    Ramadan received a death sentence by hanging.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    ICTY - Milan Martic (“RSK”)

    Year
    2008
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Persecution on Sexual Grounds Forced Oral Sex Forced Masturbation Rape/Sexual Violence in Detention Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/733/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Martic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) of the Croat, Muslim and other non-Serb civilian population, which included sexual abuses, forced mutual oral sex among detainees or with prison guards and mutual masturbation in the old hospital in Knin.- Torture as a crime against humanity, inhumane acts as crimes against humanity, torture 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) (JCE III), which included sexual assaults of Croat, Muslim and other non-Serb civilians detained in the old hospital in Knin, forced mutual oral sex among detainees or with prison guards and mutual masturbation.
    Trial chamber verdict
    Martic was found guilty by the Trial Chamber on 12 June 2007 of: - Persecution as a crime against humanity - Torture as a crime against humanity, inhumane acts as crimes against humanity, torture 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
    sentencing
    Martic was sentenced to 35 years’ imprisonment on 8 October 2008.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 8 October 2008.
    Status
    2715
    Case number
    IT-95-11

  • 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) - 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) - Zeljko Mejaki (“Mejakic et al.”)

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Rape Joint Criminal Enterprise (JCE) Persecution on Sexual Grounds Sexual Assault/Attack/Abuse

    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
    Zeljko Mejakic
    Charges
    Mejakic 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. Mejakic 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 Mejakic guilty of crimes against humanity, including sexual violence, under Article 180(1) and (2), for: “rapes and other forms of sexual abuse of detainees committed by persons over whom Zeljko Mejakic had effective control and which rapes and sexual abuse were committed in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K019 who was sexually abused on numerous occasions by the camp guards; witness K027 who was sexually assaulted by the Shift Commander Mlado Radic and on another occasion in July 1992 by Nedeljko Grabovac; witness K040 who was sexually assaulted twice by camp guard Lugar.” All related to events in the Omarska camp.
    sentencing
    Mejakic was sentenced to 21 years’ imprisonment.
    Appeals chamber verdict
    On 16 February 2009, Mejakic’s conviction and sentence was upheld on appeal. However, the mode of liability was changed from Article 180(1) and (2) to liability on the grounds of JCE.
    Status
    2715
    Case number
    X-KRZ-06/200

  • Jurisprudence judicial mechanism

    SCSL - Augustine Gbao (Sesay et al. "RUF")

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage AFRC RUF Lack of Consent Joint Criminal Enterprise (JCE) Rape

    Reference link
    http://www.rscsl.org/RUF.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Augustine Gbao
    Charges
    - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Kailahun District.
    Trial chamber verdict
    Gbao was found guilty by the Trial Chamber on 2 March 2009 of:- Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes
    sentencing
    Gbao was sentenced to 25 years’ imprisonment on 26 October 2009.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 26 October 2009.
    Status
    2715
    Case number
    SCSL-04-15

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