Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 9 results.

  • 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) - Zijad Kurtovic

    Year
    2009
    Issues
    Sexual Violence against Men Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Forced Oral Sex HVO Soldiers Accomplice Rape/Sexual Violence in Prison

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1043
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zijad Kurtovic
    Charges
    Kurtovic was charged on 16 May 2007 (indictment confirmed) with war crimes against civilians, war crimes against prisoners of war and violating the laws and practices of warfare under Article 180(1) (individual criminal responsibility) and Article 29 (accomplice) of the Criminal Code of BiH, for: on an unknown day in October 1993, together with another individual, forcing two detained HVO soldiers to perform oral sexual intercourse on each other.
    Trial chamber verdict
    On 30 April 2008 the Court in its first instance verdict found the Kurtovic guilty of war crimes against civilians, war crimes against prisoners of war, and violation of laws and practices of warfare. The forced oral sex incident was convicted as war crimes against prisoners of war referred to in Article 175(1)(a) and (b) of the CC BiH (“a) intentional infliction of severe physical or mental pain or suffering upon persons (tortures) and; b) causing of great suffering or serious injury to bodily integrity or health”).
    sentencing
    Kurtovic was sentenced to 11 years’ imprisonment by the Trial Court.
    Appeals chamber verdict
    On 25 March 2009, the Appellate Panel modified the first-instance Verdict in terms of the legal assessment and qualification of the offence. In that regard the Court found the accused Zijad Kurtovic guilty of the criminal offence of war crimes against civilians, which included the forced oral sex, under Article 142(1) of the Law on Application of the Criminal Code of RBiH and the Criminal Code of SFRY for which he was sentenced to nine years of imprisonment and the criminal offence of Destruction of Cultural and Historic Monuments of the Criminal Code of SFRY for which he was sentenced to three years of imprisonment and imposed upon him a compound sentence of 11 years of imprisonment.
    Status
    2715
    Case number
    X-KRŽ-06/299

  • Literature

    Human Rights Watch - It’s Like We’re Always in a Prison

    Year
    2018
    Issues
    Sexual Violence against Children

    Reference link
    http://www.hrw.org/report/2018/02/21/its-were-always-prison/abuses-against-boys-accused-national-security-offenses#
    Full reference
    Human Rights watch, “It’s Like We’re Always in a Prison-Abuses Against Boys Accused of National Security Offenses in Somalia”, available at www.hrw.org/report/2018/02/21/its-were-always-prison/abuses-against-boys-accused-national-security-offenses, last accessed at 07 March 2019.
    Type of literature
    Grey Literature
    Research focus
    Sexual Violence Data Collection
    Author
    Human Rights Watch

  • Literature

    Human Rights Watch - You Cry at Night but Don’t Know Why

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Socio-cultural Context of Sexual Violence

    Reference link
    http://www.hrw.org/report/2018/11/01/you-cry-night-dont-know-why/sexual-violence-against-women-north-korea
    Full reference
    Human Rights Watch, “You Cry at Night but Don’t Know Why-Sexual Violence against Women in North Korea”, available at www.hrw.org/report/2018/11/01/you-cry-night-dont-know-why/sexual-violence-against-women-north-korea, last accessed at 07 March 2019.
    Type of literature
    Grey Literature
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes, Sexual Violence Data Collection
    Author
    Human Rights Watch

  • Jurisprudence judicial mechanism

    ICTY - Milan Simic (“Bosanski Samac”)

    Year
    2002
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Prison Torture Genitalia Penis Castration

    Reference link
    http://www.icty.org/cases/party/751/4
    Full reference
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Simic
    Charges
    - Torture as a crime against humanity for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic’s penis and for concurrently firing gunshots over his head. - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic's penis and for concurrently firing gunshots over his head (same acts as for which the conviction for torture as a crime against humanity was based on). - Persecution as a crime against humanity under Article 7(1) for the same acts.
    Trial chamber verdict
    Simic entered a guilty plea on 15 May 2002 and was found guilty by the Trial Chamber of: - Torture as a crime against humanity As Simic entered a guilty plea to torture as a crime against humanity only, the other sexual violence charges were withdrawn. Simic was therefore found not guilty of: - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime - Persecution as a crime against humanity
    sentencing
    Simic received a sentence of 5 years’ imprisonment by the Trial Chamber on 17 October 2002.
    Status
    2715
    Case number
    IT-95-9/2

  • Jurisprudence judicial mechanism

    ICTY - Stevan Todorovic (“Bosanski Šamac”)

    Year
    2001
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Rape Rape/Sexual Violence in Prison Forced Oral Sex Sexual Violence against Men/Boys Inhuman Treatment

    Reference link
    http://www.icty.org/cases/party/790/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Stevan Todorovic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (ordering) for ordering six men to perform fellatio on each other at the police station in Bosanski Šamac on three different occasions in May and June 1992.- Rape as a crime against humanity, humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for forcing or ordering prisoners to perform acts of fellatio upon each other, sometimes in the presence of several other prisoners and guards, on various occasions.
    Trial chamber verdict
    Todorovic entered a guilty plea on 13 December 2000 and was found guilty by the Trial Chamber on 19 January 2001 of: - Persecution as a crime against humanity As Todorovic entered a guilty plea to persecution as a crime against humanity only, the other sexual violence charges were withdrawn. Todorovic was therefore found not guilty of: - Rape as a crime against humanity, humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime
    sentencing
    Todorovic received a prison sentence of 10 years by the Trial Chamber on 31 July 2001.
    Status
    2715
    Case number
    IT-95-9/1

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Saddam Hussein Al Majeed (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Sexual Violence Use of Euphemistic Language Shame Rape/Sexual Violence in Prison

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Saddam Hussein Al Majeed
    Charges
    Hussein was indicted on 31 July 2005 for committing different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Saddam Hussein was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity]
    sentencing
    Hussein received a death sentence by hanging.
    Status
    2715
    Case number
    1/C 1/2005

  • Literature

    Stemer Carlson, Eric - The Hidden Prevalence of Male Sexual Assault...

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Mutilation Rape with Foreign Objects Rape/Sexual Violence in Prison Psychosocial Trauma

    Reference link
    https://academic.oup.com/bjc/article-abstract/46/1/16/430333
    Full reference
    Carlson, Eric Stener, "The Hidden Prevalence of Male Sexual Assault During War", in British Journal of Criminology, 2006, vol. 46, no. 1, pp. 16-25.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Stemer Carlson, Eric
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Zawati, Hilmi M. - Impunity or Immunity : Wartime Male Rape...

    Year
    2007
    Issues
    Sexual Violence against Men
    Country
    Iraq, Bosnia Herzegovina, Croatia
    Keywords
    Sexual Violence against Men/Boys Medical/Health Care Rape/Sexual Violence in Prison Impunity Rape as a Weapon of War

    Reference link
    https://irct.org/assets/uploads/documentation%20.pdf
    Full reference
    Zawati, Hilmi M., "Impunity or Immunity: Wartime Male Rape and Sexual Torture as a Crime Against Humanity", in Torture Quarterly Journal on Rehabiliation of Torture Victims and Prevention of Torture, 2007, vol. 17, no. 1, pp. 27-47.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Zawati, Hilmi M.

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