Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 22 results.

  • Jurisprudence judicial mechanism

    ICTY - Dusko Tadic (“Prijedor”)

    Year
    2000
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Mutilation Insufficient Evidence Gang Rape Aiding and Abetting Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/787/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dusko Tadic
    Charges
    - Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner.- Persecution as a crime against humanity as far as the sexual violence crimes were concerned.
    Trial chamber verdict
    Tadic was found guilty by the Trial Chamber on 7 May 1997 of:- Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity Tadic was found not guilty by the Trial Chamber of:- Persecution as a crime against humanity as far as the sexual violence crimes were concerned. According to the Trial Chamber there was insufficient evidence regarding Tadic’s participation in sexual assault and torture inflicted through gang-rapes.
    sentencing
    Tadic was sentenced to 20 years’ imprisonment on 26 January 2000.
    Appeals chamber verdict
    The Appeals Chamber found Tadic on 15 July 1999 additionally guilty of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner as it was not established that the victims were protected persons. Thus, for the same acts as he was found guilty by the Trial Chamber.
    Status
    2715
    Case number
    IT-94-1

  • Jurisprudence judicial mechanism

    ICTY - Hazim Delic (Mucic et al."Celebici Camp")

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Akayesu Torture Superior Responsibility Camp Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Hazim Delic
    Charges
    - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A). - Other sexual violence charges charged under Article 7(3)
    Trial chamber verdict
    Delic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime Delic was found not guilty by the Trial Chamber of: - All the other sexual violence charges for which he was charged under Article 7(3) as the Prosecution failed to prove that Delic had superior responsibility over Celebici prison-camp, i.e. for the multiple rapes of Grozdana Cecez and Milojka Antic (i.e. cruel treatment as a violation of the laws or customs of war as a war crime); for placing a burning fuse cord around the genital areas of two detainees (i.e. willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime); and for forcing detainees to commit fellatio on each other (i.e. inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime).
    sentencing
    Delic was sentenced to 18 years of imprisonment on 8 April 2003.
    Appeals chamber verdict
    The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A).
    Status
    2715
    Case number
    IT-96-21

  • Jurisprudence judicial mechanism

    ICTY - Mico Stanisic (“Stanisic & Zupljanin”)

    Year
    2016
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Torture Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/783/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mico Stanisic
    Charges
    - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
    Trial chamber verdict
    Stanisic was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity. - Torture and murder as violations of the laws or customs of war as a war crime Stanisic was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity.
    sentencing
    Stanisic was sentenced by the Trial Chamber to 22 years’ imprisonment on 30 June 2016.
    Appeals chamber verdict
    The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
    Status
    2715
    Case number
    IT-08-91

  • 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

    ICTY - Miroslav Bralo (“Lasva Valley”)

    Year
    2007
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Detention Biting Ejaculating HVO Soldiers Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/671/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Miroslav Bralo
    Charges
    - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (committing and aiding and abetting) for repeatedly raping Witness A and biting her nipples while Furundžija interrogated her in the presence of others on, or about, 15 May 1993 and for confining her in a house in the area of Nadioci where she was repeatedly raped by members of the “Jokers” with the knowledge of Bralo between 16 May 1993 and July 1993.
    Trial chamber verdict
    Bralo entered a guilty plea to all counts in the indictment on 19 July 2005. Bralo was found guilty by the Trial Chamber of: - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Bralo was sentenced to 20 years’ imprisonment on 2 April 2007.
    Status
    2715
    Case number
    IT-95-17

  • Jurisprudence judicial mechanism

    ICTY - Stojan Župljanin (“Stanišic & Župljanin”)

    Year
    2016
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Camp Detention Centers Rape/Sexual Violence in Detention Bosnian Muslim Population Acquittal Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/783/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Stojan Župljanin
    Charges
    - Persecution as a crime against humanity under Article 7(1) of Bosnian Muslim and Bosnian Croat populations, which included sexual violence committed in detention facilities.- Torture as a violation of the laws or customs of war as a war crime under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence.- Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity under Article 7(1) for subjecting Bosnian Muslims and Bosnian Croats in camps, police stations, military barracks and other detention facilities to various crimes, including sexual violence (similar as above under ‘torture’).
    Trial chamber verdict
    Župljain was found guilty by the Trial Chamber on 27 March 2013 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Župljain was found not guilty of (in light of the cumulative convictions principles): - Torture as a crime against humanity, cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as a crime against humanity (similar as above under ‘torture’).
    sentencing
    Župljain was sentenced to 22 years’ imprisonment on 30 June 2016.
    Appeals chamber verdict
    The Appeals Chamber confirmed the Trial Chamber's judgment on 30 June 2016.
    Status
    2715
    Case number
    IT-08-91

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Abdullah Kadhim Ruwayid
    Charges
    Ruwayid was indicted on 31 July 2005 for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Abdullah Ruwayid received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Ali Dayeh Ali (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Ali Dayeh Ali
    Charges
    Ali was indicted (on 31 July 2005) for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ali was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Ali received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Barazan Ibrahim Hassan (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Use of Euphemistic Language Shame Joint Criminal Enterprise (JCE)

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Barazan Ibrahim Hassan
    Charges
    Hassan was indicted on 31 July 2005 for committing (via a JCE) different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Hassan was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity].
    sentencing
    Hassan received a death sentence by hanging.
    Status
    2715
    Findings
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Mizher Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Mizher Abdullah Kadhim Ruwayid
    Charges
    Ruwayid was indicted on 31 July 2005 for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Mizher Ruwayid received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

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