Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 115 results.
  • 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) - 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) - 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) - 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

  • 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

    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

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Stojan Perkovic

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Forced Penetration Rape Sexual Threats Sexual Violence Command Responsibility Plea Agreement

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1168
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Stojan Perkovic
    Charges
    Perkovic was charged on 20 April 2009 (confirmation indictment) with persecution as a crime against humanity, including rape (Article 172(1)(h) read together with subparagraph (g) of the Criminal Code of BiH), under Article 180(1) and (2) (individual and command criminal responsibility) of the Criminal Code of BiH, for crimes, including rape, committed against non-Serb civilians in the region of Rogatica Municipality. It was established, as laid out in the indictment, that in the period from summer until late 1992, Perkovic visited the village of Varosiste on several occasions, and by use of force and threats, forced a female person to sexual intercourse. Perkovic came armed in late evening hours to the house in which the female person was staying and threatened that he would kill her close family member unless she did what he asked her to do, and he vigorously pushed her forcing her to lie on the bed after which he would remove her lower pieces of clothes and rape her.
    Trial chamber verdict
    On 24 December 2009, the Trial Panel, following the plea agreement, in which Perkovic pleaded guilty to persecution as a crime against humanity, including rape.
    sentencing
    Perkovic was sentenced to 12 years’ imprisonment.
    Status
    2715
    Case number
    X-KR-09/662

  • 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

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zeljko Mejaki (“Mejakic et al.”)

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Rape Joint Criminal Enterprise (JCE) Persecution on Sexual Grounds Sexual Assault/Attack/Abuse

    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
    Zeljko Mejakic
    Charges
    Mejakic 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. Mejakic 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 Mejakic guilty of crimes against humanity, including sexual violence, under Article 180(1) and (2), for: “rapes and other forms of sexual abuse of detainees committed by persons over whom Zeljko Mejakic had effective control and which rapes and sexual abuse were committed in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K019 who was sexually abused on numerous occasions by the camp guards; witness K027 who was sexually assaulted by the Shift Commander Mlado Radic and on another occasion in July 1992 by Nedeljko Grabovac; witness K040 who was sexually assaulted twice by camp guard Lugar.” All related to events in the Omarska camp.
    sentencing
    Mejakic was sentenced to 21 years’ imprisonment.
    Appeals chamber verdict
    On 16 February 2009, Mejakic’s conviction and sentence was upheld on appeal. However, the mode of liability was changed from Article 180(1) and (2) to liability on the grounds of JCE.
    Status
    2715
    Case number
    X-KRZ-06/200

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