Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 3 results.

  • Jurisprudence judicial mechanism

    ICTY - Dario Kordic (“Kordic & Cerkez”)

    Year
    2004
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Unclear Indictment

    Reference link
    http://www.icty.org/cases/party/705/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dario Kordic (“Kordic & Cerkez”)
    Charges
    - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assault of Witness TW21 in Vitez in April 1993, the rape in Nadioci, and the rape of Adina Jusic. - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
    Trial chamber verdict
    Kordic was found guilty by the Trial Chamber on 26 February 2001 of: - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime. Kordic was found not guilty by the Trial Chamber of: - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
    sentencing
    Kordic was sentenced by the Appeals Chamber to 25 years’ imprisonment on 17 December 2004 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber reversed Kordic’s convictions for sexual violence on 17 December 2004 – i.e. inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime – as it found that the incidents of sexual violence were not charged in the indictment or proved.
    Status
    2715
    Case number
    IT-95-14/2

  • Jurisprudence judicial mechanism

    ICTY - Mario Cerkez (“Kordic & Cerkez”)

    Year
    2004
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Unclear Indictment

    Reference link
    http://www.icty.org/cases/party/705/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mario Cerkez (“Kordic & Cerkez”)
    Charges
    - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assault of Witness TW21 in Vitez in April 1993; - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
    Trial chamber verdict
    Cerkez was found guilty by the Trial Chamber on 26 February 2001 of: - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime. Cerkez was found not guilty by the Trial Chamber of: - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
    sentencing
    Cerkez was sentenced by the Appeals Chamber to 6 years’ imprisonment on 17 December 2004 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber reversed Cerkez's conviction for sexual violence on 17 December 2004 – i.e. inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime – as it found that incidents of sexual violence were not charged in the indictment or not proved.
    Status
    2715
    Case number
    IT-95-14/2

  • Jurisprudence judicial mechanism

    ICTY - Rasim Delic

    Year
    2008
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Unclear Indictment Detention Centers

    Reference link
    http://www.icty.org/cases/party/679/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Rasim Delic
    Charges
    Delic was charged with: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above.
    Trial chamber verdict
    Delic was found not guilty by the Trial Chamber on 15 September 2008 of: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. The Trial Chamber held that these victims were subjected to sexual violence at the Vatrostalna facility, but not at the Kamenica camp, as was pleaded in the indictment. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above. However, for this charge Delic was already acquitted during trial on 26 February 2008. Both the Prosecution and Defense agreed to this and the Prosecution has even asked earlier on in the proceedings for a withdrawal of the charge.
    sentencing
    Delic was therefore sentenced by the Trial Chamber to 3 years’ imprisonment on 15 September 2008 (for other charges).
    Appeals chamber verdict
    During the appellate proceedings, on 16 April 2010, Delic died while on provisional release. On 29 June 2010, the Appeals Chamber terminated the appellate proceedings and ruled that Trial Chamber Judgement to be final.
    Status
    2715
    Case number
    IT-04-83

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