Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 8 results.
-
Jurisprudence judicial mechanism
ICTY - Pedrag Banovic ("Mejakic et al.")
- Year
- 2013
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Withdrawal of Charges Plea Agreement Detention Centers
- Reference link
- http://www.icty.org/cases/party/664/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Pedrag Banovic
- Charges
- Banovic was charged with sexual violence crimes in the second amended indictment (of 3 January 2001), including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts 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 sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp, under Article 7(1) (instigated, committed or otherwise aided and abetted). On 5 June 2013 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
- sentencing
- Banovic was sentenced by the Trial Chamber to 8 years’ imprisonment on 28 October 2013.
- Status
- 2715
- Case number
- IT-02-65/1
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Stojan Perkovic
- Year
- 2009
- Issues
- Modes of Liability
- Country
- Bosnia Herzegovina
- Keywords
- Forced Penetration Rape Sexual Threats Sexual Violence Command Responsibility Plea Agreement
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1168
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Stojan Perkovic
- Charges
- Perkovic was charged on 20 April 2009 (confirmation indictment) with persecution as a crime against humanity, including rape (Article 172(1)(h) read together with subparagraph (g) of the Criminal Code of BiH), under Article 180(1) and (2) (individual and command criminal responsibility) of the Criminal Code of BiH, for crimes, including rape, committed against non-Serb civilians in the region of Rogatica Municipality. It was established, as laid out in the indictment, that in the period from summer until late 1992, Perkovic visited the village of Varosiste on several occasions, and by use of force and threats, forced a female person to sexual intercourse. Perkovic came armed in late evening hours to the house in which the female person was staying and threatened that he would kill her close family member unless she did what he asked her to do, and he vigorously pushed her forcing her to lie on the bed after which he would remove her lower pieces of clothes and rape her.
- Trial chamber verdict
- On 24 December 2009, the Trial Panel, following the plea agreement, in which Perkovic pleaded guilty to persecution as a crime against humanity, including rape.
- sentencing
- Perkovic was sentenced to 12 years’ imprisonment.
- Status
- 2715
- Case number
- X-KR-09/662
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Veiz Bjelic
- Year
- 2008
- Issues
- Sexual Violence as a Weapon of War
- Country
- Bosnia Herzegovina
- Keywords
- Rape Prisoners of War Plea Agreement
- Reference link
- http://www.internationalcrimesdatabase.org/Case/975
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Veiz Bjelic
- Charges
- Bjelic was charged with: - War crimes against civilians, including rape (Article 173(1)(e) of the Criminal Code of Bosnia and Herzegovina), under Article 180(1) (individual criminal responsibility) of CC BiH, for “taking advantage of the time when he was on duty and guarding the prisoners, the accused raped the injured party Anda Obradovic several times, in the way that he would take her out of the stable which was closed during night hours, so that the other prisoners and the guards who were in the same shift would not see that, he raped her behind the stable in an improvised guard box, and then threatened her that he would kill her should she tell anyone about that”.
- Trial chamber verdict
- On 28 March 2008, after consideration and acceptance of a plea agreement, the Court of Bosnia and Herzegovina delivered the first-instance verdict by which Bjelic was found guilty of the criminal offenses of war crimes against civilians, including rape (based on the incident described above) and war crimes against prisoners of war.
- sentencing
- Bjelic was sentenced to 6 years’ imprisonment.
- Status
- 2715
- Case number
- X-KR-07/430-1
-
Jurisprudence judicial mechanism
ICTR - Juvénal Rugambarara
- Year
- 2007
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Plea Agreement Withdrawal of Charges
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-59
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Juvenal Rugambarara
- Charges
- Although Rugambarara was originally charged with sexual violence crimes, including at least rape as a crime against humanity under Articles 6(1) and 6(3) [in addition, he was charged with genocide, complicity in genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, extermination and torture as crimes against humanity and serious violations of common Article 3 of the Geneva Conventions of 12 August 1949, pursuant to Articles 6(1) and 6(3), yet the indictment is not any longer available and therefore it is unclear whether any of these charges also included sexual violence], the charges were dropped as a result of a guilty plea arrangement.
- Trial chamber verdict
- Rugambarara only pleaded guilty to the crime of extermination as a crime against humanity pursuant to Article 6(3) (command responsibility) of the Statute.
- sentencing
- Rugambarara received a sentence of 11 years’ imprisonment on 16 November 2007 (for other charges).
- Status
- 2715
- Case number
- ICTR-00-59
-
Jurisprudence judicial mechanism
ICTY - Damir Dosen ("Sikirica et al.")
- Year
- 2001
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Withdrawal of Charges Plea Agreement Detention Centers
- Reference link
- http://www.icty.org/cases/party/685/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Damir Dosen
- Charges
- Dosen was charged with sexual violence crimes in the second amended indictment (of 3 January 2001) – including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts 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 sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted) and 7(3) (command responsibility). On 19 September 2001 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
- sentencing
- On 13 November 2001 the Trial Chamber sentenced Dosen to 5 years’ imprisonment.
- Status
- 2715
- Case number
- IT-95-8
-
Jurisprudence judicial mechanism
ICTY - Dragan Kolundzija ("Sikirica et al.")
- Year
- 2001
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Withdrawal of Charges Plea Agreement Detention Centers
- Reference link
- http://www.icty.org/cases/party/685/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragan Kolundzija
- Charges
- Kolundzija was charged with sexual violence crimes in the second amended indictment (of 3 January 2001) – including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts 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 sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted) and 7(3) (command responsibility). On 19 September 2001 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
- sentencing
- On 13 November 2001 the Trial Chamber sentenced Kolundzija to 3 years’ imprisonment.
- Status
- 2715
- Case number
- IT-95-8
-
Jurisprudence judicial mechanism
ICTR - Omar Serushago
- Year
- 2000
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Tutsi Militia Plea Agreement Genocide Genocidal Rape
- Reference link
- http://unictr.unmict.org/en/cases/ictr-98-39
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Omar Serushago
- Charges
- Serushago was charged with genocide and murder, extermination, torture and rape as crimes against humanity. With regard to rape as a crime against humanity he was charged under Article 6(3) (command responsibility) for: (i) the rape of a Tutsi victim at the Commune Rouge in Gisenyi by Bernard Munyagishari in the presence of Serushago at the end of April 1994; and (ii) between April and July 1994, subordinates of Serushago, including Damas, Michel and Migendo, raped or sexually assaulted Tutsi women with the knowledge of Serushago.
- Trial chamber verdict
- As Serushago pleaded guilty, the Trial Chamber found him guilty of genocide and murder, extermination and torture as crimes against humanity.
- sentencing
- Serushago received a sentence of 15 years’ imprisonment on 14 February 2000. He was granted early release on 13 December 2012.
- Appeals chamber verdict
- The Appeals Chamber dismissed both ground of Appeal (Failure to give due weight to the mitigating factors in his case Manifestly excessive sentence) and upheld the Trial Chamber's sentence.
- Status
- 2715
- Case number
- ICTR-98-39-T
-
Jurisprudence judicial mechanism
ICTR - Paul Bisengimana
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Plea Agreement Withdrawal of Charges
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-60
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Paul Bisengimana
- Charges
- Under the Amended Indictment of 1 December 2005, the Prosecution charged Bisengimana with five counts: genocide, complicity in genocide, and murder, extermination and rape as crimes against humanity. At the second further appearance of the Accused on 7 December 2005, the Prosecution withdrew the counts of genocide, complicity in genocide and rape as crimes against humanity. On 17 November 2005, during his further appearance, the Accused pleaded guilty to murder and extermination as a crime against humanity under Article 6(1). The Accused pleaded not guilty to genocide; complicity in genocide; murder as a crime against humanity pursuant to Article 6(3) of the Statute, extermination as a crime against humanity pursuant to Article 6(3) of the Statute, and rape as a crime against humanity.
- Trial chamber verdict
- The Chamber granted the joint motion for consideration of the plea agreement between Bisengimana and the Prosecutor. The Chamber granted the Prosecution motion for withdrawal and dismissal of the counts to which the Accused had pleaded not guilty (genocide, complicity in genocide, and rape as a crime against humanity) and was therefore no longer charged with sexual violence.
- sentencing
- Bisengimana received a sentence of 15 years’ imprisonment on 13 April 2006.
- Status
- 2715
- Case number
- ICTR-00-60
This is free software. Created with LinkAhead
and Django. Licenced under AGPL version 3.0 (Sources).