Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 91 to 100 of 115 results.
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Momcilo Gruban (“Mejakic et al.”)
- Year
- 2009
- Issues
- Modes of Liability Sentencing and Reparations
- Country
- Bosnia Herzegovina
- Keywords
- Mitigating Circumstances Rape Sexual Abuse Joint Criminal Enterprise (JCE)
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1063
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Momcilo Gruban
- Charges
- Gruban was indicted on 14 July 2006 (indictment confirmed) for charges of crimes against humanity, including sexual violence. (Article 172(g) of the Criminal Code of BiH), under Articles 29 (accomplice) and 180(1) and (2) (individual and command responsibility) of CC BiH. Gruban participated in abuses and persecutions committed during the period from 30 April to the end of 1992 against the non-Serbs in the territory of the Prijedor municipality; about 7000 non-Serb civilians were subjected to capturing, taking to and arbitrary confinement at the Omarska and Keraterm camps, as part of the plan of permanent removal of the non-Serbs.
- Trial chamber verdict
- On 30 May 2008, the Trial Panel found Gruban guilty of crimes against humanity, including sexual violence (rape and other forms of sexual abuse), under Article 180(1) and (2), for: “rape and other forms of sexual abuse of detainees directly or personally committed by persons outside of the shift that was under Momcilo Gruban’s command but in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K027 who was sexually assaulted by the shift Commander Mlado Radic and on another occasion in July 1992 by Nedeljko Grabovac, witness K019, who was raped on numerous occasions by camp guards and witness K040 who was sexually abused twice by camp guard Lugar.” All related to events in the Omarska camp.
- sentencing
- Gruban was sentenced to 11 years’ imprisonment which was reduced to 7 years on appeal.
- Appeals chamber verdict
- On 16 February 2009, Gruban’s conviction was upheld on appeal. However, the mode of liability was changed from Article 180(1) and (2) to liability on the grounds of JCE. Gruban’s sentence was, however, reduced as the Appellate Panel found that the Trial Panel had not properly taken into consideration the mitigating factors in his case, namely that Gruban had in several instances helped detained people in order to at least alleviate their suffering. Gruban’s sentence was therefore reduced to 7 years’ imprisonment.
- Status
- 2715
- Case number
- X-KRZ-06/200
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Milisavljevic Predrag et al.
- Country
- Bosnia Herzegovina
- Keywords
- Enforced Disappearance Rape Torture Military Perpetrator Crimes Against Humanity
- Reference link
- http://www.sudbih.gov.ba/predmet/3013/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Milisavljevic Predrag, Pantelic Milos, Tasic Ljubomir
- Charges
- Crimes Against Humanity pursuant to Article 172 CC BiH, in conjunction with Article 180(1) CC of BiH.
- Trial chamber verdict
- On 28 October 2018, the Trial Panel of the Section I for War Crimes of the Court of Bosnia and Herzegovina found Predrag Milisavljevic and Milos Pantelic guilty of crimes against humanity in violation of Article 172(1) (h) as read with (a) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The Accused were sentenced to imprisonment of 20 years each. Predrag Milisavljevic was furthermore acquitted of the charges of crimes against humanity in violation of Article 172(1)(h), as read with (f) and (g) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina, all in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina. Milos Pantelic was also acquitted of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (e), (f), (h) and (k) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The trial Chamber acquitted Predrag Milisavljevic, Milos Pantelic and Ljubomir Tasic of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (d) and (e) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina.
- sentencing
- The Trial Chamber sentenced Predrag Milisavljevic to 20 years imprisonment and acquitted Ljubomir Tasic of all charges. The Appeals Chamber sentenced Milos Pantelic to 15 years imprisonment.
- Appeals chamber verdict
- On 23 July 2015, the Appellate Division Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina sent out the second-instance verdict of 2 June 2015 in the case of Predrag Milisavljevic et al., which, in their entirety, refused the appeals filed by the Prosecutor's Office of Bosnia and Herzegovina and by defense counsel for the accused Predrag Milisavljevic. The appeal filed by defense counsel for the accused Milos Pantelic was however, partly granted. Milos Pantelic, concerning the criminal offense of crimes against humanity, was accordingly sentenced to 15 (fifteen) years of imprisonment. The remaining part of the first-instance verdict was upheld.
- Status
- 2715
- Case number
- S1 1 K 011128 12 Krz
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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) - Jadranko Palija
- Year
- 2008
- Issues
- Sexual Violence as a Weapon of War
- Country
- Bosnia Herzegovina
- Keywords
- Rape Sexual Threats
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1085
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Jadranko Palija
- Charges
- Palija was charged on 5 January 2007 (indictment confirmed) with:- War crimes against civilians; and- Crimes against humanity, including rape (Article 172(1) (g) of the Criminal Code of BiH), under Article 180(1) (individual criminal responsibility) of the Criminal Code of BiH, aimed against the Bosniak and Croatian civilian populations of the Bosanska Krajina region, including the Sanski Most Municipality. According to the indictment, on an unknown date in the summer of 1992, Palija went to a house in the Muhici Street in Sanski Most, where he found two women and two children. He allegedly intimidated them by telling them that their life in Sanski Most was worthless. He then took one of the women to another part of the house where he raped her threatening her with a pistol.
- Trial chamber verdict
- On 28 November 2007 the Trial Panel rendered the first-instance verdict finding Palija guilty of crimes against humanity, including rape (the incident described above) and war crimes against civilians.
- sentencing
- Palija received a sentence of 28 years’ imprisonment.
- Appeals chamber verdict
- On 24 April 2008, the Appellate Panel upheld the conviction and sentence.
- Status
- 2715
- Case number
- X-KRZ-06/290
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Gojko Jankovic
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Bosnia Herzegovina
- Keywords
- Rape Sexual Slavery Sexual Violence Coercion
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1027
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Gojko Jankovic
- Charges
- The Court of BiH confirmed the indictment against Jankovic on 20 February 2006 in which he was charged with crimes against humanity, including imprisonment, torture and rape (Articles 172(1) (e), (f) and (g) of the Criminal Code of BiH) under Article 180(1) of the Criminal Code of BiH (addressing individual and command responsibility criminal responsibility).
- Trial chamber verdict
- On 16 February 2007, the Trial Panel of the Court of BiH found Jankovic guilty of crimes against humanity, including rape. In pronouncing its verdict, the Trial Panel stated that in July 1992, Jankovic commanded a group of soldiers who attacked Muslim civilians hiding in the forest in the Kremnik hill. On several occasions between mid-June 1992 and January 1993, Jankovic raped female detainees and, together with Dragoljub Kunarac, he kept two of them in sexual slavery throughout this period.
- sentencing
- The Trial Judgment sentence of 34 years' imprisonment remained intact.
- Appeals chamber verdict
- On 23 October 2007, the Appellate Panel partially upheld the defense appeal, and modified the Trial Panel’s verdict in the legal qualification of the acts constituting crimes against humanity. It acquitted Jankovic of the charge that, on several occasions between 7 April and the end of May 1992, Jankovic and one more person raped or took part in the raping of protected witness E who lived in the municipality of Foca.
- Status
- 2715
- Case number
- X-KRZ-05/191
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Dusko Knezevic (“Mejakic et al.”)
- Year
- 2009
- Issues
- Modes of Liability
- Country
- Bosnia Herzegovina
- Keywords
- Rape Sexual Violence Joint Criminal Enterprise (JCE) Persecution on Sexual Grounds Camp
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1063
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Dusko Knezevic
- Charges
- Knezevic was indicted on 14 July 2006 (indictment confirmed) for charges of crimes against humanity, including sexual violence (rape and other forms of sexual abuse) (Article 172(g) of the Criminal Code of BiH), under Articles 29 (accomplice) and 180(1) (individual responsibility) of CC BiH. Knezevic participated in abuses and persecutions committed during the period from 30 April to the end of 1992 against the non-Serbs in the territory of the Prijedor municipality; about 7000 non-Serb civilians were subjected to capturing, taking to and arbitrary confinement at the Omarska and Keraterm camps, as part of the plan of permanent removal of the non-Serbs.
- Trial chamber verdict
- On 30 May 2008, the Trial Panel found Knezevic guilty of crimes against humanity, including sexual violence (rape and other forms of sexual abuse), under Article 180(1), for: “rape and other forms of sexual abuse of the detainees directly or personally committed by persons other than Dusko Knezevic but in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K019 who was raped on numerous occasions by the camp guards; witness K027 who was sexually assaulted by the shift Commander Mlado Radic and in July 1992 by Nedeljko Grabovac; witness K040 who was sexually abused twice by camp guard Lugar.” These events related to the Omarska camp. In addition, Knezevic was also found guilty of sexual violence committed in Keraterm camp
- sentencing
- Knezevic was sentenced to 31 years’ imprisonment.
- Appeals chamber verdict
- On 16 February 2009, Knezevic's conviction and sentence was upheld on appeal. However, the mode of liability was changed from Article 180(1) to liability on the grounds of JCE.
- Status
- 2715
- Case number
- X-KRŽ-06/200
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Dragan Damjanovic
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Bosnia Herzegovina
- Keywords
- Rape Bosnian Muslim Population Sexual Violence
- Reference link
- http://www.internationalcrimesdatabase.org/Case/983
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Dragan Damjanovic
- Charges
- Damjanovic was charged (confirmed on 29 March 2006) with crimes against humanity, including rape and other forms of sexual violence of comparable gravity, committed between July 1992 and January 1993, during a widespread and systematic attack of the Republika Srpska Army directed against the Bosnian Muslims living in the Vogosca area, Bosnia and Herzegovina.
- Trial chamber verdict
- On 15 December 2006, the Trial Panel found Damjanovic guilty of crimes against humanity, including rape, including for breaking into the house of a married couple, in September 1992 together with two others, where they harassed and beat them. Damjanovic then raped the wife.
- sentencing
- Damjanovic was sentenced to 20 years’ imprisonment
- Appeals chamber verdict
- Conviction upheld on appeal on 13 June 2007.
- Status
- 2715
- Case number
- X-KRZ-05/51
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Damir Brekalo
- Year
- 2011
- Issues
- Sexual Violence against Children Modes of Liability
- Country
- Bosnia Herzegovina
- Keywords
- Sentencing Rape, Physical and Mental Harm Rape HVO Soldiers Accomplice Aiding and Abetting Bosnian Muslim Population
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1199
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Damir Brekalo
- Charges
- Brekalo 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) of the Criminal Code of BiH, 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 Brekalo guilty of crimes against humanity, including rape. Brekalo was sentenced to 20 years’ imprisonment.
- sentencing
- Brekalo was sentenced to 20 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 Brekalo 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.
- Status
- 2715
- Case number
- KT-RZ 200/06 (Court Number X-KRN-06/300)
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Coric Nedzad et al.
- Country
- Bosnia Herzegovina
- Keywords
- Joint Criminal Enterprise (JCE) Rape Camps Rape Rape/Sexual Violence in Prison
- Reference link
- http://www.sudbih.gov.ba/predmet/3718/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Nedzad Coric, Jure Kordic, Drazen Lovric, Dario Susac, Nedzad Tinjak, Nuhan Sikalo, Dario Mihalj, Stanko Skobic, Tomislav Ancic, Marinko Sunjic, Slavko Golemac
- Charges
- The Indictment charged the accused with the commission of the following criminal offenses: Nedzad Coric, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Jure Kordic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), a) and f) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Drazen Lovric, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Dario Susac, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), f) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Nedzad Tinjak, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), k), f) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Nuhan Sikalo, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Dario Mihalj, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs g) and f) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Stanko Skobic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Tomislav Anci, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Marinko Sunjic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Slavko Golemac, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH.
- Status
- 2778
- Case number
- S1 1 K 027427 18 Kri
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Boban Simsic
- Year
- 2007
- Country
- Bosnia Herzegovina
- Keywords
- Detention Centers Humiliating and Degrading Treatment Persecution on Sexual Grounds Rape Sexual Violence, Persecution Sexual Violence, Torture Aiding
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1187
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Boban Simsic
- Charges
- Simsic was charged on 8 July 2005 (indictment confirmed) with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of Bosnia and Herzegovina) for: (i) in the second half of June 1992, at the Fire Brigade premises in Višegrad, together with two Serbian soldiers, taking part in the harassment and rapes of ten girls and women of Bosniak ethnicity; (ii) whenSimsic was a guard at the facility of the Hasan Veletovac elementary school during the second half of June 1992, when Bosniak civilians were detained at the school, Simsic either on his own or together with other members of the Serbian army, police and paramilitary formations took part in the rape of a number of girls and young women.
- Trial chamber verdict
- On 11 July 2006, the Court rendered the first instance verdict finding the accused guilty of persecution as a crime against humanity, including sexual violence and sentencing him to 5 years’ imprisonment. The panel found the accused guilty of aiding in the enforced disappearance and rape of Bosniak civilians in the Hasan Veletovac school premises in Visegrad, which occurred as part of a widespread and systematic attack by the Serb Army, police and paramilitary groups directed against the Bosniac civilian population in the area of Visegrad between April and July 1992. The panel, however, found the accused not guilty of participation in attacks on villages Zljieb, Velji Lug and Kuka (municipality of Visegrad), illegal arrests and confinement, murder, rape, torture and infliction of serious injury or physical suffering to, and seizure of property of confined Bosniak civilians in the area of Visegrad between April and July 1992.
- sentencing
- At first instance Simsic was sentenced to 5 years' imprisonment. This, however, was increased to 14 year by the Appellate Panel.
- Appeals chamber verdict
- On 5 January 2007, the Appellate Panel rendered a decision upholding the appeals filed by the Prosecutor’s Office of BiH and Defense and revoking the Trial Panel’s verdict. The same decision orders a retrial before the Appellate Panel. On 14 August 2007, the Appellate Panel handed down the final verdict finding Simsic guilty of persecution as a crime against humanity, including sexual violence and sentencing him to 14 years’ imprisonment. The Appellate Panel found that in the second half of June 1992, as a guard securing several hundred detained Bosniak civilians in the Hasan Veletovac Elementary School, together with other members of the Serb army, police, and paramilitary formations, Simsic participated in killings, enforced disappearance, and torture of detainees. He also aided in the coercing of girls and young women to sexual intercourse. In addition, on several occasions, Simsic took girls and younger women to other members of the Serb army who perpetrated multiple rapes, beatings and humiliation on them. Simsic was acquitted of the count which alleged that, on an undetermined date in the second half of June 1992, he took five girls and five younger women from the room in which Bosniak civilians were detained in the Fire Station in Visegrad, moving them to another room where, together with two Serb soldiers, he beat them and took turns raping them.
- Status
- 2715
- Case number
- X-KRZ-05/04
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