Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zrinko Pincic

    Year
    2013
    Issues
    Sexual Violence as a Weapon of War
    Country
    Bosnia Herzegovina
    Keywords
    Coercion HVO Soldiers International Convention Rape Rape as a Weapon of War Serb Civilians War Crimes

    Reference link
    http://www.internationalcrimesdatabase.org/Case/934
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zrinko Pincic
    Charges
    Pincic was charged on 26 June 2008 (confirmation indictment) with war crimes against civilians, including rape pursuant to Article 173(1)(e) (“coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape)”), under Article 180(1) (individual criminal responsibility) of the Criminal Code of Bosnia and Herzegovina. In the village of Donje Selo, Konjic Municipality, Pincic used to come armed, at night time, to a house where Serb civilians were detained. Pincic allegedly repeatedly took one female person from the room where other civilians were detained, and forced her to sexual intercourse, holding his rifle by the bed and threatening her that he would bring 15 soldiers and that she would then see what would then happen to all of them.
    Trial chamber verdict
    On 28 November 2008 the Court pronounced the first-instance verdict finding Pincic guilty of war crimes against civilians, including rape.
    sentencing
    Pincic was sentenced to 9 years’ imprisonment in addition to 6 years' imprisonment following the Appellate Panel's new decision.
    Appeals chamber verdict
    The Appellate Panel upheld the trial verdict on 16 April 2010. On 27 December 2013 the Appellate Panel found Pincic guilty for the criminal offence of war crimes against civilians, including rape, under Article 142(1) of the Criminal Code of SFRY (another prohibition)and Pincic was sentenced to 6 years’ imprisonment (this new decision had to do with the established violation of the applicant’s right under Article 7(1) of the European Convention; retroactive application of the Criminal Code of BiH).
    Status
    2715
    Case number
    X-KRŽ-08/502

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