Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 31 to 40 of 115 results.
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Nedo Samardzic
- Year
- 2006
- Issues
- Sentencing and Reparations
- Country
- Bosnia Herzegovina
- Keywords
- Aggravating Factors Nudity, Public Rape Sexual Violence, Persecution Retrial
- Reference link
- http://www.internationalcrimesdatabase.org/Case/228/Samard%C5%BEi%C4%87-/
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Nedo Samardzic
- Charges
- Samardzic was charged with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) as read with subparagraph (g) of the Criminal Code of Bosnia and Herzegovina). Samardzic, in the period April 1992 to March 1993 in the Foca Municipality, as a member of the Army of Serb Republic of BiH, together with other soldiers, conducted persecution of the Bosniak civilian population on national, ethnical, religious, and gender grounds. He forced victims into sexual slavery, raped them, and conducted other inhumane acts, intentionally causing them great suffering, serious physical injuries and harm to their health. Some of the incidents concern: (i) In May 1992, in Miljevina, Samardzic raped and abused a female Bosniak in her apartment, subsequently taking her to the street and tying her half-naked to a street pole; (ii) In June 1992, Samardzic took a female Bosniak from her house to hotel Miljevina in the Foca Municipality, where he raped her. Afterwards, she was held for seven days in the hotel where she was raped by other soldiers on a daily basis; (iii) In the period June - September 1992, together with Nikola Brcic and Radovan Stankovic, Samardzic held several Bosniak women (two of whom were minors) as sexual slaves in the so-called Karaman’s house in Miljevina, which was used as a detention camp for women. The women were forced to engage in sexual intercourse with soldiers coming into the house on a daily basis. Samardzic personally forced detained women into sexual intercourse with him.
- Trial chamber verdict
- The Trial Panel found, on 7 April 2006, Samardzic guilty of crimes against humanity, including sexual and sentenced him 13 years and 4 months’ imprisonment.
- sentencing
- While the initial trial sentence was 13 years and 4 months imprisonment, this was increased to 24 years' imprisonment by the Appellate Panel.
- Appeals chamber verdict
- On 29 September 2006, the Appellate Division Panel of Section I for War Crimes of the Court of BiH rendered a decision upholding the appeals filed by the Prosecutor’s Office of BiH and Defense, and revoking the first instance verdict in the convicting and acquitting part. The same decision ordered a retrial before the Appellate Panel of Section I for War Crimes. On 13 December 2006, the Appellate Panel found Samardžic guilty of persecution as a crime against humanity, including sexual violence, and sentenced to 24 years’ imprisonment.
- Status
- 2715
- Case number
- X-KRZ-05/49
-
Jurisprudence judicial mechanism
ICTY - Milomir Stakic (“Prijedor”)
- Year
- 2006
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability
- Country
- Former Yugoslavia
- Keywords
- Rape Joint Criminal Enterprise (JCE) Detention Centers Forced to watch Rape Genocidal Intent Coercion
- Reference link
- http://www.icty.org/cases/party/782/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milomir Stakic
- Charges
- - Persecution as a crime against humanity under Article 7(1) (co-perpetration), which included rapes and sexual assault.- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various camps (e.g. Omarska, Keraterm, Trnopolje) and detention facilities in the Prijedor municipality to rape and sexual assault or forcing them to witness such crimes.
- Trial chamber verdict
- Stakic was found guilty by the Trial Chamber on 31 July 2003 of:- Persecution as a crime against humanity Stakic was found not guilty by the Trial Chamber of:- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide as it was not proved that Stakic had the specific genocidal intent.
- sentencing
- Stakic was sentenced to 40 years’ imprisonment on 22 March 2006.
- Appeals chamber verdict
- The Appeals Chamber confirmed the conviction, but changed the mode of liability from co-perpetration to JCE I.
- Status
- 2715
- Case number
- IT-97-24
-
Literature
Ward, Jeanne and Marsh, Mendy - Sexual Violence against Women and Girls in War...
- Year
- 2006
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Former Yugoslavia, Rwanda
- Keywords
- Rape Torture Armed Conflict Media
- Reference link
- http://www.operationspaix.net/DATA/DOCUMENT/1045~v~Sexual_Violence_Against_Women_and_Girls_in_War_and_Its_Aftermath___Realities_Responses_and_Required_Resources.pdf
- Full reference
- Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, United Nations Population Fund (UNFPA), 2006.
- Type of literature
- Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Ward, Jeanne and Marsh, Mendy
-
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
-
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) - 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
-
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
-
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
-
Literature
Gallimore, Rangira B. - Militarism, Ethnicity and Sexual Violence...
- Year
- 2008
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Rwanda
- Keywords
- Rape Hutu Militia Masculinity Ethnicity
- Reference link
- http://www.agi.uct.ac.za/sites/default/files/image_tool/images/429/feminist_africa_journals/archive/10/fa_10_feature_article_1.pdf
- Full reference
- Gallimore, Rangira Béa, "Militarism, Ethnicity and Sexual Violence in the Rwandan Genocide", in Feminist Africa, 2008, vol. 10, pp. 9-29.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Gallimore, Rangira B.
-
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
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