Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 3 results.
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Jurisprudence judicial mechanism
ICTY - Dragoljub Kunarac (Kunarac et al. "Foca")
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Penetration Sexual Slavery Lack of Consent Aiding and Abetting Vagina Rape as Crime Against Humanity Kunarac
- Reference link
- http://www.icty.org/cases/party/712/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragoljub Kunarac
- Charges
- - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) (committing and aiding and abetting) for: (i) taking FWS-75 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped D.B. and aided and abetted the gang-rape of FWS-75 by several soldiers; (ii) taking FWS-87, FWS-75, FWS-50 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped FWS-87 and aided and abetted the torture and rapes of FWS-87, FWS-75 and FWS-50 by soldiers; (iii) transferring FWS-95 from Partizan Sports Hall to his headquarters at Ulica Osmana Ðikica no. 16, where he raped her; (iv) taking FWS-87 to a room on the upper floor of Karaman’s house in Miljevina, where he raped her; (v) threatening to kill FWS-183 and her son while he tried to obtain information or a confession from FWS-183 concerning her alleged sending of messages to the Muslim forces and information about the whereabouts of her valuables and for raping her on that occasion; and (vi) raping FWS-191 and aiding and abetting the rape of FWS-186 by soldiers in an abandoned house in Trnovace.- Enslavement as a crime against humanity under Article 7(1) (committing and aiding and abetting) for the enslavement of FWS-186 and FWS-191 for a period of six months in a house in Trnovace and for treating them as his property.- Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48.- Outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) for taking FWS-186, FWS-191 and J.G. from the house Ulica Osmana Ðikica no. 16 to the abandoned house of Halid Cedic in Trnovace, where they were raped, and for raping FWS-191 approximately 6 months and treating FWS-186 and FWS-191 as his personal property.
- Trial chamber verdict
- Kunarac was found guilty by the Trial Chamber on 22 February 2001 of: - Torture as a crime against humanity - Rape as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime - Rape as a violation of the laws or customs of war as a war crime - Enslavement as a crime against humanity Kunarac was found not guilty by the Trial Chamber of: - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime for taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48. - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Kunarac received a sentence of 28 years’ imprisonment on 12 June 2002.
- Appeals chamber verdict
- The convictions by the Trial Chamber were upheld by the Appeals Chamber on 12 June 2002.
- Status
- 2715
- Case number
- IT-96-23 and IT-96-23/1
-
Jurisprudence judicial mechanism
ICTY - Zoran Vukovic (Kunarac et al. "Foca")
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Consent Penetration Sexual Slavery Sexual Assault/Attack/Abuse Vagina
- Reference link
- http://www.icty.org/cases/party/712/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Zoran Vukovic
- Charges
- - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for taking FWS-50, a 15-year-old girl, from Partizan Sport Hall to an apartment and raping her.
- Trial chamber verdict
- Vukovic was found guilty by the Trial Chamber on 22 February 2001 of: - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for taking FWS-50, a 15-year-old girl, from Partizan Sport Hall to an apartment and raping her. Vukovic was found not guilty by the Trial Chamber of: - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for raping FWS-75 and FWS-87 in a classroom in the Foca High School.
- sentencing
- Vukovic was given a sentence of 12 years' imprisonment on 12 June 2002.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 12 June 2002.
- Status
- 2715
- Findings
- Case number
- IT-96-23 and IT-96-23/1
-
Jurisprudence judicial mechanism
ECCC - Kaing Guek Eav (“Duch”)
- Year
- 2012
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Cambodia
- Keywords
- Penetration Reparation Vagina Rape/Sexual Violence in Detention Rape with Foreign Objects Joint Criminal Enterprise (JCE) Kunarac
- Reference link
- https://www.eccc.gov.kh/en/case/topic/90
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Kaing Guek Eav
- Charges
- Kaing was indicted on 8 August 2008 and the indictment was confirmed and partially amended on 5 December 2008 for crimes against humanity, including torture (which incorporated one instance of rape) and grave breaches of the 1949 Geneva Conventions (Articles 5, 6 and 29 (new) (JCE through ‘committing’) of the ECCC Law) committed in Phnom Penh and within the territory of Cambodia between 17 April 1975 and 6 January 1979. Kaing held a central leadership role at the Security Center S-21, which he abused by training, ordering, and supervising staff in the systematic torture and execution of prisoners deemed to be enemies of the Democratic Kampuchea regime.
- Trial chamber verdict
- On 26 July 2010, the Trial Chamber convicted Kaing for crimes against humanity, including torture (which included one instance of rape) and grave breaches of the 1949 Geneva Conventions under the JCE. The rape as torture conviction related to the incident where an S-21 staff member inserted a stick into the vagina of a detainee during an interrogation.
- sentencing
- Kaing was sentenced to 35 years’ imprisonment by the Trial Chamber. However, the Supreme Court quashed this decision and instead sentenced him to life imprisonment.
- Appeals chamber verdict
- On 6 July 6 2010, the Supreme Court confirmed and partly amended the conviction (the conviction for rape as torture as a crime against humanity remained standing). The Supreme Court stated the Trial Chamber had erred in law by attaching insufficient weight to the gravity of Kaing’s crimes as well as the aggravating circumstances in this case, and that that too much weight had been attached to the mitigating circumstances. Note that the Co-Prosecutors had requested that the Supreme Court Chamber cumulatively convict Kaing for both rape and torture as crimes against humanity. However, given the lack of support for the existence of rape as a distinct crime against humanity during the ECCC’s temporal jurisdiction, the Supreme Court Chamber found that the Trial Chamber erred in concluding that the incident that occurred at S-21 constituted rape as a crime against humanity. Accordingly, this part of the Co-Prosecutors’ appeal failed automatically. Rape was still charged and convicted as torture as a crime against humanity.
- Status
- 2715
- Case number
- Case 001
- Reparations / awards
- The Trial Chamber admitted 64 applicants as Civil Parties and awarded them reparations, which included inclusion of the names and their deceased family members in the judgment and the compilation and publication of all statements of apology and acknowledgement of responsibility made by Duch on the ECCC website.
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