Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 14 results.

  • Literature

    Viseur-Sellers, Patricia - Gender Strategy is Not Luxury...

    Year
    2009
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda, Former Yugoslavia
    Keywords
    NGO Expertise in Sexual Violence Child Soldiers Persecution on Sexual Grounds Advisor for Gender in the Office of the Prosecutor

    Reference link
    https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1025&context=jgspl
    Full reference
    Viseur-Sellers, Patricia, "Gender Strategy is Not Luxury for International Courts Symposium: Prosecuting Sexual and Gender-Based Crimes Before International/ized Criminal Courts," in Journal of Gender, Social Policy & the Law, 2009, vol. 17, no. 2, pp. 327-335.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Viseur-Sellers, Patricia
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court

  • Jurisprudence judicial mechanism

    ICTY - Zoran Zigic (“Kvocka et al.”)

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Foreseeable Consequence Forced Nudity Forced to watch Rape Mental Harm Persecution on Sexual Grounds 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
    Zoran Zigic (“Kvocka et al.”)
    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
    Zigic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity under Article 7(1) (JCE). Zigic 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
    Zigic was sentenced by the Appeals Chamber to 25 years’ imprisonment on 28 February 2005 (for other charges).
    Appeals chamber verdict
    Although Zigic was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Radoslav Brdanin

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Persecution on Sexual Grounds Kunarac Stakic Specific Intent

    Reference link
    http://www.icty.org/cases/party/673/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radoslav Brdanin
    Charges
    Brdanin was charged with: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting) for rapes and sexual assaults of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992 (the sexual violence was incorporated under torture as persecution). - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting), which included rapes of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992. - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3), which included rapes and sexual assault of Bosnian Muslim and Bosnian Croat detainees in various camps and detention facilities.
    Trial chamber verdict
    Brdanin was found guilty on 1 September 2004 of: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting); - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting). Brdanin was found not guilty of: - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3). He was found not guilty for genocide since the specific intent for genocide could not be established.
    sentencing
    Brdanin was sentenced by the Appeals Chamber to 30 years’ imprisonment on 3 April 2007 (for other charges).
    Appeals chamber verdict
    On 3 April 2007, the Appeals Chamber reversed the convictions for sexual violence – i.e. persecution as a crime against humanity and torture as a grave breach of the Geneva Conventions of 1949 as a war crime – as it could not be established that Brdanin’s conduct constituted either encouragement or moral support to the camp personnel (aiding and abetting) that had a substantial effect on the commission of torture.
    Status
    2715
    Case number
    IT-99-36

  • 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 - Momcilo Krajisnik

    Year
    2009
    Issues
    Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Acquittal Persecution on Sexual Grounds Sexual Slavery Specific Intent Common Objective of JCE

    Reference link
    http://www.icty.org/cases/party/709/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Momcilo Krajisnik
    Charges
    Krajisnik was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE), which included rapes and sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs; - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence.
    Trial chamber verdict
    Krajisnik was found guilty by the Trial Chamber on 27 September 2006 of persecution as a crime against humanity under Article 7(1) (JCE). Krajisnik was found not guilty by the Trial Chamber of causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence. He was found not guilty of genocide since the specific intent for genocide could not be established.
    sentencing
    Krajisnik was sentenced by the Appeals Chamber to 20 years’ imprisonment on 17 March 2009 (for other charges).
    Appeals chamber verdict
    However, the Appeals Chamber on 17 March 2009 reversed the sexual violence conviction – i.e. persecution as a crime against humanity – as it found that the Trial Chamber committed an error as persecution fell outside the original common objective of the JCE, which only encompassed the crimes of deportation and forcible transfer.
    Status
    2715
    Case number
    IT-00-39

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Kvocka (“Kvocka et al.”)

    Year
    2005
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Forced to watch Rape Forced Nudity Foreseeable Consequence Mental Harm Persecution on Sexual Grounds 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
    Miroslav Kvocka (“Kvocka et al.”)
    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
    Kvocka was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity. Kvocka 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 for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    sentencing
    Kvocka was sentenced by the Appeals Chamber to 7 years’ imprisonment on 28 February 2005 (for other charges).
    Appeals chamber verdict
    Although Kvocka was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Milan Milutinovic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Acquittal Definition of Sexual Assault Kunarac Persecution on Sexual Grounds Foreseeable Consequence Extended Joint Criminal Enterprise

    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
    Milan Milutinovic
    Charges
    Milutinovic was charged with sexual violence crimes: - 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, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Milutinovic was acquitted by the Trial Chamber on 26 February 2009 on all charges in the indictment, thus also the sexual violence charges.
    Status
    2715
    Case number
    IT-05-87https://www.nurembergacademy.org/typo3/index.php?route=%2Frecord%2Fedit&token=a980ada95207a1920df6d05d7e5322130ee2577e&edit[tx_svdatabase_domain_model_record][441]=edit&returnUrl=%2Ftypo3%2Findex.php%3FM%3Dweb_list%26moduleToken%3Dd464a6b5c4cb9d38

  • 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

    ICTR - Gratien Kabiligi (Bagasora et al. "Military I")

    Year
    2008
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Persecution on Sexual Grounds Tutsi Military

    Reference link
    http://unictr.irmct.org/en/cases/ictr-98-41
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Gratien Kabiligi
    Charges
    Kabiligi had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture; and (ii) the sexual assault of Prime Minister Agathe Uwilingiyimana.
    Trial chamber verdict
    Kabiligi was acquitted by the Trial Chamber on 18 December 2008 on all counts, thus including the sexual violence charges. The Trial Chamber did not find that he was directly involved in any of the specific criminal events alleged. In addition, the evidence did not show that his subordinates committed crimes when Kabiligi exercised effective control over them.
    Appeals chamber verdict
    The Prosecution did not appeal these sexual violence acquittals.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICC - Al Hassan

    Reference link
    http://www.icc-cpi.int/mali/al-hassan
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
    Charges
    (1) Crimes against humanity allegedly committed in Mali, in the context of a widespread and systematic attack against the civilian population, between April 2012 and January 2013, including rape and sexual slavery. (2) War crimes in the context of an armed conflict not of an international nature allegedly committed in Mali between April 2012 and January 2013, including rape and sexual slavery.
    Status
    2778
    Case number
    ICC-01/12-01/18

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