Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • 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

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