Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 15 of 15 results.

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Bagambiki ("Ntagerura et al.")

    Year
    2004
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Withdrawal of Charges In Absentia Extradition

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-46
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Emmanuel Bagambiki
    Status
    2715
    Case number
    ICTR-99-46

  • Jurisprudence judicial mechanism

    ICTY - Nenad Banovic ("Mejakic et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Detention Centers

    Reference link
    http://www.icty.org/cases/party/874/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nenad Banovic
    Charges
    Banovic was charged with sexual violence crimes in the second amended indictment (of 3 January 2001), including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted). The indictment against Banovic was withdrawn on 10 April 2002 and the next day he was released from the ICTY Detention Unit. This followed a Prosecution Motion to the Trial Chamber dated 27 March 2002 to withdraw the indictment against Nenad Banovic. The Motion read: “At this time, given the state of evidence and witnesses, there is insufficient evidence to proceed to trial against the accused Nenad Banovic on the significant charges of the Indictment… the Prosecutor respectfully requests that this International Tribunal withdraw the Indictment against Nenad Banovic.”
    Status
    2715
    Case number
    IT-02-65

  • Jurisprudence judicial mechanism

    ICTY - Damir Dosen ("Sikirica et al.")

    Year
    2001
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Plea Agreement Detention Centers

    Reference link
    http://www.icty.org/cases/party/685/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Damir Dosen
    Charges
    Dosen was charged with sexual violence crimes in the second amended indictment (of 3 January 2001) – including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted) and 7(3) (command responsibility). On 19 September 2001 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
    sentencing
    On 13 November 2001 the Trial Chamber sentenced Dosen to 5 years’ imprisonment.
    Status
    2715
    Case number
    IT-95-8

  • Jurisprudence judicial mechanism

    ICTY - Dragan Kolundzija ("Sikirica et al.")

    Year
    2001
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Plea Agreement Detention Centers

    Reference link
    http://www.icty.org/cases/party/685/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragan Kolundzija
    Charges
    Kolundzija was charged with sexual violence crimes in the second amended indictment (of 3 January 2001) – including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp under Article 7(1) (instigated, committed or otherwise aided and abetted) and 7(3) (command responsibility). On 19 September 2001 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
    sentencing
    On 13 November 2001 the Trial Chamber sentenced Kolundzija to 3 years’ imprisonment.
    Status
    2715
    Case number
    IT-95-8

  • Jurisprudence judicial mechanism

    ICTR - Paul Bisengimana

    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Plea Agreement Withdrawal of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-60
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Paul Bisengimana
    Charges
    Under the Amended Indictment of 1 December 2005, the Prosecution charged Bisengimana with five counts: genocide, complicity in genocide, and murder, extermination and rape as crimes against humanity. At the second further appearance of the Accused on 7 December 2005, the Prosecution withdrew the counts of genocide, complicity in genocide and rape as crimes against humanity. On 17 November 2005, during his further appearance, the Accused pleaded guilty to murder and extermination as a crime against humanity under Article 6(1). The Accused pleaded not guilty to genocide; complicity in genocide; murder as a crime against humanity pursuant to Article 6(3) of the Statute, extermination as a crime against humanity pursuant to Article 6(3) of the Statute, and rape as a crime against humanity.
    Trial chamber verdict
    The Chamber granted the joint motion for consideration of the plea agreement between Bisengimana and the Prosecutor. The Chamber granted the Prosecution motion for withdrawal and dismissal of the counts to which the Accused had pleaded not guilty (genocide, complicity in genocide, and rape as a crime against humanity) and was therefore no longer charged with sexual violence.
    sentencing
    Bisengimana received a sentence of 15 years’ imprisonment on 13 April 2006.
    Status
    2715
    Case number
    ICTR-00-60

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