Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 33 results.
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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 - 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 - 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
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 - 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 - 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
-
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
-
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 - 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 - 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
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