Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 115 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Askraba Dordislav

    Country
    Bosnia Herzegovina
    Keywords
    Rape Sexual Violence Enforced Disappearance Rape Camps Torture Rape as a Weapon of War War Crimes Crimes Against Humanity

    Reference link
    http://www.sudbih.gov.ba/predmet/2463/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Ratko Bundalo, Nedo Zeljaja, Dordislav Askraba
    Charges
    Ratko Bundalo and Nedo Zeljaja were charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:a) depriving another person of his life (murder),b) extermination,d) deportation or forcible transfer of population,e) imprisonment,f) torture,g) sexual violence, andk) other inhumane acts,in conjunction with Article 173 (1) (c), (e) and (f) of the CC BiH, all in conjunction with Article 180 (1) of the CC BiH.Dordislav Askraba is charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the CC BiH in conjunction with the following items:a) depriving another person of his life (murder),e) imprisonment,f) torture, andk) other inhumane actsin conjunction with Article 180 (1) of CC BiH.
    Trial chamber verdict
    On 21 December 2009, the Trial Panel reached the first-instance verdict finding the accused, Ratko Bundalo and Nedo Zeljaja guilty of crimes against humanity. The accused Ratko Bundalo was sentenced to 19 years of imprisonment, the accused Nedo Zeljaja was sentenced to 15 years of imprisonment, and the accused Dordislav Askraba was acquitted on all counts of the Indictment.
    sentencing
    The Trial Chamber sentenced Ratko Bundalo to 19 years of imprisonment and Nedo Zeljaja to 15 years of imprisonment. The Appeals Chamber found Dordislav Askraba guilty of war crimes and sentenced him to 7 years’ imprisonment.
    Appeals chamber verdict
    On 18 April 2012, the Panel of the Appellate pronounced the second instance verdict finding the accused Dordislav Askraba guilty of war crimes against civilians, committed in the manner described in the operative provision of the verdict, in violation of Article 142(1) of the Criminal Code of SFRY as adopted pursuant to the Law on Application of the Criminal Code of Bosnia and Herzegovina and the Criminal Code of the Socialist Federative Republic of Yugoslavia, in conjunction with Articles 22 and 24 of the same Code. The verdict sentenced the accused to imprisonment of 7 years.Following new appeals by the of Prosecutor's Office of Bosnia and Herzegovina and Defense Counsel for the Accused Dordislav Askraba, the Appeals Chamber upheld the second-instance verdict on 18 June 2013.
    Status
    2715
    Case number
    S1 1 K 005159 11 Kzz

  • 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) - 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

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Nenad Perovic

    Country
    Bosnia Herzegovina
    Keywords
    Rape Military Perpetrator Gender-Based Persecution Sexual Violence

    Reference link
    http://www.sudbih.gov.ba/predmet/3797/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Nenad Perovic
    Charges
    crimes against humanity under Article 172(1)(a) of the CC BiH
    Status
    2778
    Case number
    S1 1 K 026601 18 Kri

  • Literature

    Dolan, Chris - Addressing Sexual Violence against Men and Boys in Conflict

    Issues
    Sexual Violence against Men
    Country
    Syria, Libya, Central African Republic (CAR), Democratic Republic of Congo (DRC)
    Keywords
    Sexual Violence against Men/Boys Rape NGO Prevention Survivor

    Reference link
    https://reliefweb.int/sites/reliefweb.int/files/resources/Into_The_Mainstream-Addressing_Sexual_Violence_against_Men_and_Boys_in_Conflict.pdf
    Full reference
    Dolan, Chris, "Into the mainstream: Addressing sexual violence against men and boys in conflict", A briefing paper prepared for the workshop held at the Overseas Development Institute, London, 14 May 2014
    Type of literature
    Grey Literature
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Dolan, Chris

  • Jurisprudence judicial mechanism

    ECCC - Ao An

    Country
    Cambodia
    Keywords
    Forced Marriage Rape

    Reference link
    http://www.eccc.gov.kh/en/case/topic/1691
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Ao An
    Charges
    In the indictment of 14 March 2016, Ao An was charged with: (1) Genocide of the Cham.(2) Crimes against Humanity, namely murder; extermination; enslavement; imprisonment; torture; persecution against the so-called “17 April people”, former Lon Nol soldiers, Central (Old North) Zone cadres, their families and subordinates, people from the East Zone, and other “bad elements” and “internal enemies”; persecution against Cham and Vietnamese people; and other inhumane acts including forced marriage, rape, enforced disappearances, physical abuse, forced labour, and inhumane conditions of detention. (3) Violations of the 1956 Cambodian Penal Code, namely premeditated homicide.
    Status
    2778
    Case number
    004/02

  • Literature

    Fein, Helen - Genocide and Gender: The Uses of Women...

    Issues
    Definitions/Elements of Sexual Violence Crimes

    Reference link
    https://www.tandfonline.com/doi/abs/10.1080/14623529908413934
    Full reference
    Fein, Helen, "Genocide and Gender: The Uses of Women and Group Destiny", in Journal of Genocide Research, 1999, vol. 1, no. 1, pp. 43-63.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Fein, Helen

  • Literature

    Genovese, Sophia - Prosecuting U.N. Peacekeepers for Sexual and Gender-Based Violence in the Central African Republic

    Issues
    Sexual Violence against Children Socio-cultural Context of Sexual Violence
    Country
    Central African Republic (CAR)
    Keywords
    Military Perpetrator UN Peacekeeper Armed Conflict Sexual Violence Sexual Violence against Girls Gender-Based Violence Rape

    Reference link
    http://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1917&context=bjil
    Full reference
    Sophia Genovese, “Prosecuting U.N. Peacekeepers for Sexual and Gender-Based Violence in the Central African Republic”, in Brooklyn Journal of International Law, 2018, vol. 43, no. 2, pp. 609-637.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention, Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict, Obstacles to Establish Accountability for Sexual Violence Crimes

  • Jurisprudence judicial mechanism

    ICC - Afghanistan

    Country
    Afghanistan
    Keywords
    Rape Sexual Violence Enforced Disappearance

    Reference link
    http://www.icc-cpi.int/afghanistan/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

  • Jurisprudence judicial mechanism

    ICC - Jean-Pierre Bemba Gombo "Bemba Case"

    Country
    Central African Republic (CAR)
    Keywords
    Rape Torture Reparation

    Reference link
    http://www.icc-cpi.int/car/bemba#17
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Jean-Pierre Bemba Gombo
    Charges
    (1) Two counts of crimes against humanity namely murder and rape; and (2) Three counts of war crimes: murder, rape and pillaging
    Trial chamber verdict
    On 21 March 2016, the Trial Chamber convicted Mr Bemba for the crimes against humanity of murder and rape and the war crimes of murder, rape and pillaging committed by troops of the Mouvement de libération du Congo (“MLC”) in the Central African Republic from on or about 26 October 2002 to 15 March 2003. It found that Mr Bemba, was criminally responsible for these crimes under article 28(a) of the Statute as a result of effectively acting as a military commander and having effective control over the MLC troops.
    sentencing
    On 21 June 2016, Bemba was sentenced to 18 years of imprisonment by the Trial Chamber III. Following Mr. Bemba’s successful appeal against the decision of the Trial Chamber III, the Appeal’s Chamber dismissed Mr Bemba’s appeal against this sentence as moot.
    Appeals chamber verdict
    Mr Bemba filed an appeal against both the judgment and the sentence against him on 4 April 2016 and the appeals hearing took place from 9 to 11 January 2018. On 8 June 2018, the Appeals Chamber, by majority, concluded, that the trial of Bemba was not within the scope of the case. In a summary of its decision, the Appeals Chamber stated that: “the Trial Chamber’s conclusion that Mr Bemba failed to take all necessary and reasonable measures in response to MLC crimes in the CAR, was materially affected by errors and that Mr Bemba cannot be held criminally liable under article 28 for the crimes committed by MLC troops during the CAR operation.” The Chamber also noted in its judgment that “The Pre-Trial Chamber did not enter findings that there were substantial grounds to believe that specific acts of murder, rape and pillaging had been committed, but rather “relied on” or “drew attention, in particular” to certain events and evidence to support its overall conclusions.” Accordingly, the Chamber acquitted Jean-Pierre Bemba Gombo from the charges of war crimes and crimes against humanity.
    Status
    2715
    Case number
    ICC-01/05-01/08

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