Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    ICTY - Milan Simic (“Bosanski Samac”)

    Year
    2002
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Prison Torture Genitalia Penis Castration

    Reference link
    http://www.icty.org/cases/party/751/4
    Full reference
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Simic
    Charges
    - Torture as a crime against humanity for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic’s penis and for concurrently firing gunshots over his head. - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic's penis and for concurrently firing gunshots over his head (same acts as for which the conviction for torture as a crime against humanity was based on). - Persecution as a crime against humanity under Article 7(1) for the same acts.
    Trial chamber verdict
    Simic entered a guilty plea on 15 May 2002 and was found guilty by the Trial Chamber of: - Torture as a crime against humanity As Simic entered a guilty plea to torture as a crime against humanity only, the other sexual violence charges were withdrawn. Simic was therefore found not guilty of: - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime - Persecution as a crime against humanity
    sentencing
    Simic received a sentence of 5 years’ imprisonment by the Trial Chamber on 17 October 2002.
    Status
    2715
    Case number
    IT-95-9/2

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