Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 6 results.
-
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) - Mirko Vracevic
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- Bosnia Herzegovina
- Keywords
- Sexual Violence, Torture Sentencing Rape, Torture HVO Soldiers Accomplice Aiding and Abetting
- 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
- Mirko Vracevic
- Charges
- Vracevic 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 Vracevic guilty of crimes against humanity, including rape. Vracevic was sentenced to 14 years’ imprisonment.
- sentencing
- Vracevic was sentenced to 12 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 Vracevic 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)
-
Literature
De Brouwer, Anne-Marie - Supranational Criminal Prosecution of Sexual Violence...
- Year
- 2005
- Issues
- Sentencing and Reparations
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Sentencing Reparation Prosecution Testimony International Criminal Law
- Reference link
- https://intersentia.com/en/supranational-criminal-prosecution-of-sexual-violence.html
- Full reference
- De Brouwer, Anne-Marie, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR , Intersentia, Antwerp/Cambridge, 2005.
- Type of literature
- Book
- Research focus
- Impacts of Sexual Violence Crimes Prosecutions
- Author
- De Brouwer, Anne-Marie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
-
Literature
ICTY Office of the Prosecutor - Prosecuting Sexual Violence...
- Year
- 2015
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Sentencing Testimony Prosecution Management
- Reference link
- http://www.icty.org/x/file/Outreach/sv_files/psv_legacy_project_is.pdf
- Full reference
- ICTY Office of the Prosecutor, Prosecuting Sexual Violence Legacy Project, Information Sheet, Office of the Prosecutor of the International criminal Tribunal for the Former Yugoslavia, 2015.
- Type of literature
- Grey Literature
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- ICC Office of the Prosecutor
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Jurisprudence judicial mechanism
Military Court in Baraka - Mutware Daniel Kibibi et al.
- Year
- 2011
- Issues
- Sentencing and Reparations Sexual Violence as a Weapon of War
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Sentencing Testimony
- Reference link
- https://trialinternational.org/latest-post/mutware-daniel-kibibi/
- Type of mechanism
- Military Tribunal
- Name of mechanism
- Military Court in Baraka
- Name of accused
- Mutware Daniel Kibibi
- Charges
- Mutuare was charged with crimes against humanity, including rape, which was the core crime charged in this case, for sending his troops to rape, beat up and loot from the population of Fizi on New Year’s Day. Sixty-two women were raped.
- Trial chamber verdict
- On 21 February 2011, Mutuare was found guilty of crimes against humanity. Forty-nine women came to testify in the court in Baraka.
- sentencing
- Mutuare was sentenced to 20 years’ imprisonment.[Sitting in a mobile open air court in Baraka, the military judges also sentenced three officers serving under Lt. Col Mutuare to 20 years and five soldiers to between 10 and 15 years. One man was acquitted and another, a minor, will be tried in juvenile court].
- Status
- 2715
-
Literature
Skjelsbæk, Inger - The Military Perpetrator...
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Sentencing Characteristic of Perpetrator Masculinity Militarism Soldiers
- Reference link
- https://jspp.psychopen.eu/article/view/273/html
- Full reference
- Skjelsbæk, Inger, "The Military Perpetrator: A Narrative Analysis of Sentencing Judgments on Sexual Violence Offenders at the International Criminal Tribunal for the Former Yugoslavia (ICTY)", in Journal of Social and Political Psychology, 2015, vol. 3, no. 1, pp. 46-70.
- Type of literature
- Journal Article
- Research focus
- Perpetrators and Prevention
- Author
- Skjelsbæk, Inger
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
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