Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 21 to 30 of 33 results.
-
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 - 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
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 - 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
-
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
-
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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