Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 115 results.

  • Literature

    Chu, Tiffany S. and Braithwaite, Jessica M. - The Effect of Sexual Violence on Negotiated Outcomes in Civil Conflicts

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://journals.sagepub.com/doi/abs/10.1177/0738894217693595
    Full reference
    Tiffany S. Chu, and Jessica M. Braithwaite, “The Effect of Sexual Violence on Negotiated Outcomes in Civil Conflicts”, in Conflict Management and Peace Science, 2018, vol. 35, no. 3, pp. 233-247.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence, Investigation, Prosecution and Prevention of Conflict related Sexual Violence

  • Literature

    Cleiren, Tineke and Tijssen, Melanie - Rape and Other Forms of Sexual Assault...

    Year
    1994
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Rape Sexual Assault/Attack/Abuse Prosecution Armed Conflict

    Reference link
    https://link.springer.com/article/10.1007%2FBF01683226
    Full reference
    Cleiren, Tineke and Melanie Tijssen, "Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issues", in Criminal Law Forum (1994, vol. 2, no. 2, pp. 471-506.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Cleiren, Tineke and Tijssen, Melanie
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Cohen, Dara K. and Nordas, Ragnhild - Do States Delegate Shameful Violence to Militias?

    Year
    2015
    Issues
    Socio-cultural Context of Sexual Violence

    Reference link
    https://projects.iq.harvard.edu/files/wcfia/files/Cohen_StatesDelegate.pdf
    Full reference
    Cohen, Dara Kay and Ragnhild Nordås, "Do States Delegate Shameful Violence to Militias? Patterns of Sexual Violence in Recent Armed Conflicts", in Journal of Conflict Resolution, 2015, vol. 59, no. 5, pp. 1-22.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Cohen, Dara K. and Nordas, Ragnhild

  • Literature

    Cohen, Dara K. and Nordas, Ragnhild - Sexual Violence in Armed Conflict...

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes

    Reference link
    https://www.belfercenter.org/sites/default/files/files/publication/sexual-violence-in-armed-conflict-jpr.pdf
    Full reference
    Cohen, Dara Kay and Ragnhild Nordås, "Sexual Violence in Armed Conflict: Introducing the SVAC Dataset, 1989-2009", in Journal of Peace Research, 2014, vol. 51, no. 3, pp. 418-428.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention, Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Cohen, Dara K. and Nordas, Ragnhild

  • 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) - 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) - 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) - 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) - 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) - 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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