Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 7 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Marko Radic

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    Bosnia Herzegovina
    Keywords
    Child Sex Abuse/Molestation HVO Soldiers Insufficient Evidence Psychological Impact Rape Bosnian Muslim Population Accomplice Aiding and Abetting

    Reference link
    https://trialinternational.org/latest-post/marko-radic/
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Marko Radic
    Charges
    Radic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1), (2) and (3) of the Criminal Code of BiH (individual and command responsibility), for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
    Trial chamber verdict
    On 20 February 2009, the Court pronounced the first-instance verdict finding the Radic guilty of crimes against humanity, including rape.
    sentencing
    Radic was sentenced to 21 years’ imprisonment.
    Appeals chamber verdict
    Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Radic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH. In absence of sufficient evidence, under this verdict, Radic was acquitted of charges that he personally raped Witness AG.
    Status
    2715
    Case number
    X-KRŽ-05/139

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zeljko Lelek

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Cigarette Burns Female Genital Cutting Genitalia Accomplice Psychological Impact

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1048
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zeljko Lelek
    Charges
    Lelek was charged on 16 November 2006 (confirmed on 20 November 2006) with persecution as a crime against humanity, including rape (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility) of the Criminal Code of BiH, for committing rape and other crimes in the area of the Višegrad Municipality against the Bosniak civilian population of the Višegrad Municipality in the period between April and June 1992. According to the indictment, in this period, together with Milan Lukic, Lelek raped a female person, who had been stripped naked and tied to the metal bed frame by an unidentified soldier, on orders from Milan Lukic. Lelek and Lukic allegedly abused the woman physically by putting out cigarettes on her body, stabbing her with a knife and cutting her in the genital area, while subjecting her to psychological abuse. The indictment further alleges that the Accused and others raped this person on daily basis over a period of ten days during which she was held captive. During the month of June 1992, the Accused allegedly raped several other women who were held in unlawful captivity.
    Trial chamber verdict
    On 23 May 2008, the Court handed down its first-instance verdict finding Lelek guilty of persecution as a crime against humanity, including rape. Lelek was found guilty of using force to coerce Bosniak women to sexual intercourse and other forms of severe sexual violence. Lelek was, however, acquitted of the charges that he, on an unspecified date in the summer of 1992, in a group with Mitar Vasiljevic and three other unidentified men, raped two Bosniak women in the Vilina vlas spa in April and June 1992 because based on the evidence adduced before the Court it could not be established that Lelek committed the crimes in question.
    sentencing
    Lelek was sentenced to 16 years’ imprisonment after the Appellate Panel revised his sentence.
    Appeals chamber verdict
    On 12 January 2009 the Appellate Panel modified the first-instance verdict in its sentencing part. Lelek was subsequently sentenced to 16 years’ imprisonment. The conviction was upheld.
    Status
    2715
    Case number
    (X-KRŽ-06/202)

  • Jurisprudence judicial mechanism

    ECHR - Aydin v. Turkey

    Year
    1997
    Issues
    Sentencing and Reparations Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Turkey
    Keywords
    Forced Nudity Medical Forensic Exam/Rape Kit Vulnerability Psychological Impact Rape/Sexual Violence in Detention Right to an Effective Remedy

    Reference link
    http://hudoc.echr.coe.int/eng?i=002-6215#{%22itemid%22:[%22002-6215%22]}
    Type of mechanism
    Regional court
    Name of mechanism
    European Court of Human Rights
    Name of accused
    Aydin v. Turkey
    sentencing
    In view of the extremely serious violation of the Convention and the consequent enduring psychological harm suffered by the applicant on account of the rape the Court awarded the applicant £25,000.
    Status
    2715
    Case number
    23178/94

  • Literature

    Henry, Nicola - Witness to Rape...

    Year
    2009
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Traumatization Psychological Impact Cross-examination Reparation Testimony

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/36675346/IJTJ-2009-Henry-114-34.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1549294721&Signature=kyarWOCKSW0LQZypqF9lqkO24t8%3D&response-content-disposition=inline%3B%20filename%3DWitness_to_rape_the_limits_and_potential.pdf
    Full reference
    kuwert p Henry, Nicola, "Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence", 3inThe International Journal of Transitional Justice, 2009, vo. 3, pp. 114-134.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Henry, Nicola
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    ICTY - Goran Hadzic

    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Detention Centers Ill-health Ordering/Instigating Psychological Impact

    Reference link
    http://www.icty.org/cases/party/694/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Goran Hadzic
    Charges
    Hadzic is charged with sexual violence crimes in the indictment (of 22 July 2001) and includes 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 under Articles 7(1) (committing in concert with others, planning, instigating, ordering, and/or aiding and abetting) and 7(3) (command responsibility) for imposing on Croat and other non-Serb civilian detainees living conditions in various detention facilities in the SAO SBWS characterized by, inter alia, inhumane treatment and constant physical and psychological assault, including sexual assault.
    Status
    2715
    Case number
    IT-04-75

  • Literature

    Staggs Kelsall, Michelle and Stepakoff, Shanee - When We Wanted to Talk About Rape...

    Year
    2007
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Psychological Impact Psychosocial Trauma Testimony Witness Protection Silence

    Reference link
    https://www.researchgate.net/profile/Shanee_Stepakoff/publication/228144757_'When_We_Wanted_to_Talk_About_Rape'_Silencing_Sexual_Violence_at_the_Special_Court_for_Sierra_Leone/links/547ca0300cf27ed978622a77.pdf
    Full reference
    Kelsall, Michelle Staggs and Shanee Stepakoff, “'When We Wanted to Talk About Rape': Silencing Sexual Violence at the Special Court for Sierra Leone", in International Journal of Transitional Justice, 2007, vol. 1, no. 3, pp. 355-374.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Staggs Kelsall, Michelle and Stepakoff, Shanee
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Literature

    Steiner, Birthe et al. - Sexual Violence in the Protracted Conflict of DRC...

    Year
    2009
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Survivor Psychological Impact Medical/Health Care Support Program

    Reference link
    https://conflictandhealth.biomedcentral.com/track/pdf/10.1186/1752-1505-3-3
    Full reference
    Steiner, Birthe, Marie T. Benner, Egbert Sondorp, K. Peter Schmitz, Ursula Mesmer and Sandrine Rosenberger, "Sexual Violence in the Protracted Conflict of DRC Programming for Rape Survivors in South Kivu", in Conflict and Health, 2009, vol. 3, no. 3, pp. 1-9.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Steiner, Birthe; Benner, Marie T.; Sondorp, Egbert; Schmitz, K. Peter; Mesmer, Ursula and Rosenberger, Sandrine

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