Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    ICTY - Radoslav Brdanin

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Persecution on Sexual Grounds Kunarac Stakic Specific Intent

    Reference link
    http://www.icty.org/cases/party/673/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radoslav Brdanin
    Charges
    Brdanin was charged with: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting) for rapes and sexual assaults of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992 (the sexual violence was incorporated under torture as persecution). - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting), which included rapes of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992. - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3), which included rapes and sexual assault of Bosnian Muslim and Bosnian Croat detainees in various camps and detention facilities.
    Trial chamber verdict
    Brdanin was found guilty on 1 September 2004 of: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting); - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting). Brdanin was found not guilty of: - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3). He was found not guilty for genocide since the specific intent for genocide could not be established.
    sentencing
    Brdanin was sentenced by the Appeals Chamber to 30 years’ imprisonment on 3 April 2007 (for other charges).
    Appeals chamber verdict
    On 3 April 2007, the Appeals Chamber reversed the convictions for sexual violence – i.e. persecution as a crime against humanity and torture as a grave breach of the Geneva Conventions of 1949 as a war crime – as it could not be established that Brdanin’s conduct constituted either encouragement or moral support to the camp personnel (aiding and abetting) that had a substantial effect on the commission of torture.
    Status
    2715
    Case number
    IT-99-36

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