Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 3 results.
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Jurisprudence judicial mechanism
Court of Bosnia and Herzegovina - Ivan Hrkac
- Issues
- Sexual Violence against Men
- Country
- Bosnia Herzegovina
- Keywords
- Accused at large Sexual Violence, Torture Prisoners of War Rape/Sexual Violence in Detention Forced Sexual Intercourse
- Reference link
- http://www.internationalcrimesdatabase.org/Case/989/Hrka%C4%8D/
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia and Herzegovina (Preliminary Hearing Judge)
- Name of accused
- Ivan Hrkac
- Charges
- The Indictment (of 27 December 2007) alleges that, from May 1993 to July 1993, as a member of the HVO Convicts Battalion, Hrkac inflicted severe physical and mental pain on prisoners of war, members of the Army of RBiH. According to the Indictment, Hrkac treated the detained Bosniak civilians in an inhumane manner, tortured them and forced them to sexual intercourse. Hrkac is charged in the indictment with the following crimes: - War Crimes against Civilians pursuant to Article 173(1) of the Criminal Code of BiH (CC BiH) in conjunction with the following items: c) Killings, intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, and e) Unlawful bringing in concentration camps and other illegal arrests and detention. - War Crimes against Prisoners of War pursuant to Article 175(1) of the CC BiH in conjunction with the following item: a) depriving other persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment. All in conjunction with Article 29 (Accomplices) and Article 180(1) of the CC BiH (individual criminal responsibility).Although it is not entirely clear under which charges the sexual violence is brought, this is likely under torture and/or inhuman treatment as war crimes.The indictment was confirmed on 9 January 2008.
- Status
- 2778
- Case number
- S1 1 K 002907 07 KRO (X-KR-06/170)
-
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
USA Court Martial - Lynndie R. England
- Year
- 2005
- Issues
- Sexual Violence against Men Female Perpetrators of Sexual Violence
- Country
- United States of America
- Keywords
- Acts of a Sexual Nature Forced Nudity Humiliating and Degrading Treatment Prisoners of War
- Reference link
- https://trialinternational.org/latest-post/lynndie-r-england/
- Type of mechanism
- US courts-martial
- Name of mechanism
- USA Court Martial
- Name of accused
- Lynndie R. England
- Charges
- England was charged with seven counts of conspiracy, maltreatment and committing an indecent act of Iraqi prisoners, including an episode when she was photographed holding a strap tied as a leash around a naked detainee’s neck.
- Trial chamber verdict
- On 26 September 2005, England was found guilty of six out of seven counts of conspiracy, maltreatment and committing an indecent act. [Two others, including Private England’s former boyfriend Private Charles A. Graner Jr., who previously held the ranks of specialist and corporal, were convicted in trials, and the other six reached plea deals. Graner said that, at the time, he told officers about detainee maltreatment, which he claimed was done by order of military intelligence personnel. And at times, he said, military intelligence officers actually were present for the abuse.]
- sentencing
- England was sentenced to three years for her crimes and given a dishonorable discharge.
- Status
- 2715
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