Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 23 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Radovan Stankovic

    Year
    2007
    Issues
    Sexual Violence against Children Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Torture Forced to watch Rape Incitement

    Reference link
    http://www.internationalcrimesdatabase.org/Case/3259
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Radovan Stankovic
    Charges
    Stankovic was charged (on 3 March 2003 as amended on 8 December 2003) with crimes against humanity, including rape (Articles 172(1)(c), (e), (f) and (g) of the Criminal Code of BiH) for having set up a detention centre for (often under aged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labor and sexual intercourse.
    Trial chamber verdict
    On 14 November 2006, the Court of BiH found Stankovic guilty for crimes against humanity, including enslavement, imprisonment, torture and rape for: (i) Establishing a detention centre (“Karaman’s House”), detaining at least nine female persons and inciting soldiers to rape them; (ii) Compelling detainees to forced labor, inside and outside of the detention center; (iii) Repeatedly raping a detainee, compelling her to forced labor at several locations and having her witness him raping her under aged sister; (iv) Raping a detainee at another detention centre. Stankovic was sentenced to sixteen years’ imprisonment.
    sentencing
    The Appellate Panel increased the sentence from 16 to 20 years' imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. he was then sentenced to another two Year' imprisonment for using force while escaping.
    Appeals chamber verdict
    The prosecution appealed against the sentence of 16 years’ imprisonment and the acquittal of one of the charges (forcibly taking a female patient from a hospital in Foca and raping her). Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. On 28 March 2007, the Appellate Panel left intact the entire verdict, though it raised the sentence to 20 years’ imprisonment.
    Status
    2715
    Case number
    X-KRZ-05/70

  • Literature

    Ward, Jeanne and Marsh, Mendy - Sexual Violence against Women and Girls in War...

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Former Yugoslavia, Rwanda
    Keywords
    Rape Torture Armed Conflict Media

    Reference link
    http://www.operationspaix.net/DATA/DOCUMENT/1045~v~Sexual_Violence_Against_Women_and_Girls_in_War_and_Its_Aftermath___Realities_Responses_and_Required_Resources.pdf
    Full reference
    Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, United Nations Population Fund (UNFPA), 2006.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Ward, Jeanne and Marsh, Mendy

  • Literature

    Wood, Elisabeth J. - Variation in Sexual Violence during War

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes

    Reference link
    http://www.sscnet.ucla.edu/polisci/cpworkshop/papers/Wood.pdf
    Full reference
    Wood, Elisabeth Jean, "Variation in Sexual Violence during War", in Politics and Society, 2006, vol. 34, no. 3, pp. 307-342.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Wood, Elisabeth J.

  • Literature

    Askin, Kelly D. - A Decade of the Development of Gender Crimes...

    Year
    2004
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    NGO Torture Enslavement Sexual Violence against Men/Boys Rape with Foreign Objects

    Reference link
    https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=1370&context=hrbrief
    Full reference
    Askin, Kelly D, "A Decade of the Development of Gender Crimes in International Courts and Tribunals: 1993 to 2003", in Human Rights Brief, 2004, vol. 11, no. 3, pp. 16-19.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Askin, Kelly D.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    ICTY - Hazim Delic (Mucic et al."Celebici Camp")

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Akayesu Torture Superior Responsibility Camp Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Hazim Delic
    Charges
    - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A). - Other sexual violence charges charged under Article 7(3)
    Trial chamber verdict
    Delic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime Delic was found not guilty by the Trial Chamber of: - All the other sexual violence charges for which he was charged under Article 7(3) as the Prosecution failed to prove that Delic had superior responsibility over Celebici prison-camp, i.e. for the multiple rapes of Grozdana Cecez and Milojka Antic (i.e. cruel treatment as a violation of the laws or customs of war as a war crime); for placing a burning fuse cord around the genital areas of two detainees (i.e. willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime); and for forcing detainees to commit fellatio on each other (i.e. inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime).
    sentencing
    Delic was sentenced to 18 years of imprisonment on 8 April 2003.
    Appeals chamber verdict
    The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A).
    Status
    2715
    Case number
    IT-96-21

  • 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

  • Literature

    Pilch, Frances T. - Rape as Genocide...

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia, Sierra Leone
    Keywords
    Torture Women-friendly Institution NGO

    Reference link
    http://genderandsecurity.org/projects-resources/research/rape-genocide-legal-response-sexual-violence
    Full reference
    Pilch, Frances T., Rape as Genocide: The Legal Response to Sexual Violence, Working paper, The Center for Global Security and Democracy, Rutgers University, New Brunswick, NJ, 2002.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Pilch, Frances T.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milojica Kos
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    Trial chamber verdict
    Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
    Appeals chamber verdict
    No appeal in this case.
    Status
    2715
    Case number
    IT-98-30/1

  • Literature

    Amnesty International et al. - Monitoring and Investigating...

    Year
    2000
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Role of Non-state Actors in Perpetrating Violence

    Reference link
    https://www.codesria.org/IMG/pdf/sexual.pdf?887/...
    Full reference
    Amnesty International and Codesria, Monitoring and Investigating Sexual Violence, Amnesty International Dutch Section and African Books Collective, 2000.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Amnesty International and Codesria

  • 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

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