Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 71 to 80 of 94 results.
  • 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) - 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) - 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

  • 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) - 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

  • 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

    Chinkin, Christine - The Third Hilding Eek Memorial Lecture-Violence against Women: International Human Rights Law, Criminal Law and Security

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://brill.com/abstract/journals/nord/87/3/article-p229_229.xml
    Full reference
    Christine Chinkin, “The Third Hilding Eek Memorial Lecture-Violence against Women: International Human Rights Law, Criminal Law and Security”, in Nordic Journal of International Law, 2018, vol. 87, no. 3, pp. 229-248.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence, Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict
    Author
    Chinkin, Christine

  • Literature

    Campbell, Kirsten - Building National and Regional Accountability for Conflict Related Sexual Violence

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions

    Reference link
    http://brill.com/abstract/journals/hrlr/7/2/article-p201_201.xml
    Full reference
    Kirsten Campbell, “Building National and Regional Accountability for Conflict Related Sexual Violence - From Prosecutions in the Former Yugoslavia to the African Court of Justice and Human and Peoples’ Rights", in International Human Rights Law Review, 2018, vol. 7, no. 2, pp. 201-224.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Campbell, Kirsten

  • Literature

    Cammeart, Patrick - The Nexus between Conflict-Related Sexual Violence and Human Trafficking during Peacekeeping Missions: An Insider's View

    Year
    2019
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions

    Reference link
    http://heinonline.org/HOL/LandingPage?handle=hein.journals/jthe3&div=9&id=&page=
    Full reference
    Patrick Cammeart, “The Nexus between Conflict-Related Sexual Violence and Human Trafficking during Peacekeeping Missions: An Insider's View”, in Journal of Trafficking and Human Exploitation, 2019, vol. 3, no. 1, pp. 87-94.
    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

    CILRAP - International Criminal Law Guidelines: Means of Proof of Sexual and Gender-Based Crimes

    Year
    2017
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions

    Reference link
    http://www.legal-tools.org/doc/e06a52/pdf/
    Full reference
    Case Matrix Network, International Criminal Law Guidelines: Means of Proof of Sexual and Gender-Based Crimes, CILRAP-CMN, Brussels, 2017.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes, Impacts of Sexual Violence Crimes Prosecutions

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