Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 8 results.
  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Jovica Dejanovic ("Dejanovic and Bojkovic")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Unreliable Testimony Credibility or Character of the Victim

    Reference link
    Link 1 Link 2 Link 3
    Type of mechanism
    Supreme Court
    Name of accused
    Jovica Dejanovic
    Charges
    Dejanovic was charged with war crimes, including: - Rape for raping a Kosovo Albanian civilian who was 16 at the time of the alleged incident on April 14, 1999, during the conflicts in Kosovo-Metohija.
    Trial chamber verdict
    The case was prosecuted by EULEX special prosecutors from the Special Prosecution Office of Kosovo before the Kosovo Supreme Court. On 17 April 2013, Dejanovic was found not guilty of all charges, including the war crime of rape.
    Status
    2715

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Djordje Bojkovic ("Dejanovic and Bojkovic")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Unreliable Testimony

    Reference link
    Link 1 Link 2 Link 3
    Type of mechanism
    Supreme Court
    Name of accused
    Djordje Bojkovic
    Charges
    Bojkovic was charged with war crimes, including: - Rape for raping V.K., a Kosovo Albanian female civilian abducted by Dejanovic.
    Trial chamber verdict
    The case was prosecuted by EULEX special prosecutors from the Special Prosecution Office of Kosovo before the Kosovo Supreme Court. On 17 April 2013, Bojkovic was found not guilty of the war crime of rape.
    sentencing
    Bojkovic was however found guilty of unauthorized ownership, control, possession or use of weapons, and was sentenced to one year and six months of imprisonment.
    Status
    2715

  • Jurisprudence judicial mechanism

    ICTY - Ramush Haradinaj ("Haradinaj et al.")

    Year
    2012
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Unreliable Testimony Retrial

    Reference link
    http://www.icty.org/cases/party/698/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ramush Haradinaj
    Charges
    Haradinaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02.
    Trial chamber verdict
    Although Haradinaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, thus all of the sexual violence charges stipulated above.
    Appeals chamber verdict
    The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Haradinaj on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Haradinaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Haradinaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
    Status
    2715
    Case number
    IT-04-84

  • Jurisprudence judicial mechanism

    ICTY - Lahi Brahimaj ("Haradinaj et al.")

    Year
    2012
    Issues
    Sexual Violence against Men Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Ordering/Instigating Retrial Unreliable Testimony

    Reference link
    http://www.icty.org/cases/party/698/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Lahi Brahimaj
    Charges
    Brahimaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02 and Witness 61.
    Trial chamber verdict
    Although Brahimaj was charged with sexual violence crimes, he was found, by the Trial Chamber on 3 April 2008, not guilty of the charges of sexual violence against him.
    sentencing
    Brahimaj was sentenced to 6 years’ imprisonment (for other charges).
    Appeals chamber verdict
    The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to hold Brahimaj not guilty on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Brahimaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. He was acquitted by the Trial Chamber on 29 November 2012 for the charges in the re-trial indictment and thus for the remaining sexual violence charge.
    Status
    2715
    Case number
    IT-04-84

  • Jurisprudence judicial mechanism

    ICTY - Idriz Balaj ("Haradinaj et al.")

    Year
    2012
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Forced Nudity Genitalia Ordering/Instigating Kunarac Unreliable Testimony Retrial

    Reference link
    http://www.icty.org/cases/party/698/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Idriz Balaj
    Charges
    Balaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing or planning), which included the repeated rape of Witness SST7/02 and Witness 61.
    Trial chamber verdict
    Although Balaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, which thus includes the sexual violence charges stipulated above.
    Appeals chamber verdict
    The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Balaj on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Balaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Balaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
    Status
    2715
    Case number
    IT-04-84

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Radmilo Vukovic

    Year
    2008
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Consent Credibility or Character of the Victim Unreliable Testimony Forced Impregnation

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=35&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Radmilo Vukovic
    Charges
    Vukovic was charged in the indictment of 12 October 2006 (confirmed on 13 October 2006) with war crimes against civilians, in particular with the crime of rape as a war crime (in violation of Article 173(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH)). Vukovic allegedly raped a woman on several occasions in the municipality of Foca in southeastern Bosnia and Herzegovina. The woman gave birth to a child after she was expelled from the area.
    Trial chamber verdict
    On 16 April 2007, the Trial Panel found Vukovic guilty of war crimes against civilians, including rape, and sentenced him to 5,5 years’ imprisonment.
    Appeals chamber verdict
    On 31 August 2007, the Appellate Panel upheld the appeals filed, revoked the first-instance verdict, and ordered a re-trial. On 13 August 2008, the Appeals Panel of the War Crimes section of the Court of Bosnia and Herzegovina found Vukovic not guilty of all charges, including the charge of rape as a war crime, because the main piece of evidence provided by the victim and presented before the Appellate Panel contained inconsistencies. Therefore, it could not be established beyond reasonable doubt that Vukovic raped the woman.
    Status
    2715
    Case number
    X-KRZ-05/217

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Mladen Drljaca ("Gojko Klickovic et al.")

    Year
    2013
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Insufficient Evidence Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=130&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Mladen Drljaca
    Charges
    Drljaca was charged, in the amended indictment of 21 August 2008, with persecution as a crime against humanity of the Muslim population in Bosanska Krupa (Article 172(1)(h) of the Criminal Code of BiH) in connection with several crimes, including rape (Article 172(1)(g) and 173(1)(e)) under the JCE.
    Trial chamber verdict
    On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted Drljaca on all charges, because, according to the Trial Chamber, the Prosecutor’s Office had failed to establish the existence of a widespread or systematic attack against non-Serb civilians in the municipality of Bosanska Krupa. Other reasons for the acquittal included the growing number of witnesses who had died, moved abroad or who were reluctant to testify, as well as the vague statements of the witnesses who testified. A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor’s Office and annulled the 5 November 2010 verdict.
    Appeals chamber verdict
    On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court again acquitted Drljaca of the crimes against humanity charges on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense he was charged with. Note: Drljaca was charged in this case together with Klickovic and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Gojko Klickovic ("Gojko Klickovic et al.")

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=74&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Gojko Klickovic
    Charges
    Klickovic was charged with, in the amended indictment of 21 August 2008, persecution as a crime against humanity of the Muslim population in Bosanska Krupa (Article 172(1)(h) of the Criminal Code of BiH) in connection with several crimes, including rape (Article 172(1)(g) and 173(1)(e)) under the JCE.
    Trial chamber verdict
    On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted Klickovic on all charges because, according to the Trial Chamber, the Prosecutor’s Office had failed to establish the existence of a widespread or systematic attack against non-Serb civilians in the municipality of Bosanska Krupa. Other reasons for the acquittal included the growing number of witnesses who had died, moved abroad or who were reluctant to testify, as well as the vague statements of the witnesses who testified. A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor’s Office and annulled the 5 November 2010 verdict.
    Appeals chamber verdict
    On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court again acquitted Klickovic of the crimes against humanity charges on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense he was charged with. Note: Klickovic was charged in this case together with Drljaca and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

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