Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 736 results.
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Jurisprudence non-judicial mechanisms
Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
- Country
- Democratic People’s Republic of Korea (DPRK)
- Keywords
- Enslavement Forced Abortion Murder Rape, Torture
- Reference link
- http://www.ohchr.org/EN/HRBodies/HRC/CoIDPRK/Pages/CommissionInquiryonHRinDPRK.aspx
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Type of mechanism
- Commission of Inquiry
- Name of mechanism
- Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
- Status
- 2715
- Findings
- On 17 February 2014, the COI reported on its findings and established that a wide array of crimes against humanity, including sexual violence, arising from “policies established at the highest level of State,” had been committed and continue to take place in the DPRK and called for urgent action by the international community to address the human rights situation in the country, including referral to the International Criminal Court. The report cites many incidents of sexual violence, which the COI finds to rise to the level of crimes against humanity. For example, it is stated that: “Although not endorsed as general policy and contrary to prison regulations, the frequent incidences of rape form part of the overall pattern of crimes against humanity. Like in the political prison camps, cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy. The forced abortions to which pregnant inmates have been subjected constitute a form of sexual violence of a gravity that meets the threshold required for crimes against humanity.” Also, it is held that the State systematically uses violence and punishment to deter its citizens from exercising their human right to leave the country. Persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion and other forms of sexual violence. According to the COI these crimes can be qualified as crimes against humanity and include extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.
- Recommendations
- The COI recommends specifically on sexual violence: (1) to take immediate measures to ensure gender equality in practice, such as by providing equal access for women in public life and employment; eradicate discriminatory laws, regulations and practices affecting women; take measures to address all forms of violence against women, including domestic violence, sexual and gender-based violence by State agents and/or within State institutions; and respond immediately and effectively to trafficking in women, and address the structural causes that make women vulnerable to such violations; and (2) abolish the de facto prohibition on foreign travel imposed on ordinary citizens; decriminalize illegal border crossings and introduce border controls that conform to international standards; renounce orders to shoot and kill at the border; cease to regard citizens repatriated from China as political criminals or to subject them to imprisonment, execution, torture, arbitrary detention, deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; and abolish the State’s compulsory designation of places of residence and employment, as well as the requirement to obtain a permit for domestic travel outside a person’s designated province.
- Date of report / release
- 1914-02-17
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Jurisprudence judicial mechanism
Court of Bosnia and Herzegovina - Ivan Hrkac
- Issues
- Sexual Violence against Men
- Country
- Bosnia Herzegovina
- Keywords
- Accused at large Sexual Violence, Torture Prisoners of War Rape/Sexual Violence in Detention Forced Sexual Intercourse
- Reference link
- http://www.internationalcrimesdatabase.org/Case/989/Hrka%C4%8D/
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia and Herzegovina (Preliminary Hearing Judge)
- Name of accused
- Ivan Hrkac
- Charges
- The Indictment (of 27 December 2007) alleges that, from May 1993 to July 1993, as a member of the HVO Convicts Battalion, Hrkac inflicted severe physical and mental pain on prisoners of war, members of the Army of RBiH. According to the Indictment, Hrkac treated the detained Bosniak civilians in an inhumane manner, tortured them and forced them to sexual intercourse. Hrkac is charged in the indictment with the following crimes: - War Crimes against Civilians pursuant to Article 173(1) of the Criminal Code of BiH (CC BiH) in conjunction with the following items: c) Killings, intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, and e) Unlawful bringing in concentration camps and other illegal arrests and detention. - War Crimes against Prisoners of War pursuant to Article 175(1) of the CC BiH in conjunction with the following item: a) depriving other persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment. All in conjunction with Article 29 (Accomplices) and Article 180(1) of the CC BiH (individual criminal responsibility).Although it is not entirely clear under which charges the sexual violence is brought, this is likely under torture and/or inhuman treatment as war crimes.The indictment was confirmed on 9 January 2008.
- Status
- 2778
- Case number
- S1 1 K 002907 07 KRO (X-KR-06/170)
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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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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Coric Nedzad et al.
- Country
- Bosnia Herzegovina
- Keywords
- Joint Criminal Enterprise (JCE) Rape Camps Rape Rape/Sexual Violence in Prison
- Reference link
- http://www.sudbih.gov.ba/predmet/3718/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Nedzad Coric, Jure Kordic, Drazen Lovric, Dario Susac, Nedzad Tinjak, Nuhan Sikalo, Dario Mihalj, Stanko Skobic, Tomislav Ancic, Marinko Sunjic, Slavko Golemac
- Charges
- The Indictment charged the accused with the commission of the following criminal offenses: Nedzad Coric, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Jure Kordic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), a) and f) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Drazen Lovric, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Dario Susac, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), f) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Nedzad Tinjak, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs e), k), f) and g) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Nuhan Sikalo, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Dario Mihalj, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraphs g) and f) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Stanko Skobic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH; Tomislav Anci, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Marinko Sunjic, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph g) of the CC BiH, as read with Article 180(1) of the CC BiH; Slavko Golemac, the criminal offense of Crimes against Humanity in violation of Article 172(1)(h), in connection with sub-paragraph e) of the CC BiH, as read with Article 29 and Article 180(1) of the CC BiH.
- Status
- 2778
- Case number
- S1 1 K 027427 18 Kri
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Milisavljevic Predrag et al.
- Country
- Bosnia Herzegovina
- Keywords
- Enforced Disappearance Rape Torture Military Perpetrator Crimes Against Humanity
- Reference link
- http://www.sudbih.gov.ba/predmet/3013/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Milisavljevic Predrag, Pantelic Milos, Tasic Ljubomir
- Charges
- Crimes Against Humanity pursuant to Article 172 CC BiH, in conjunction with Article 180(1) CC of BiH.
- Trial chamber verdict
- On 28 October 2018, the Trial Panel of the Section I for War Crimes of the Court of Bosnia and Herzegovina found Predrag Milisavljevic and Milos Pantelic guilty of crimes against humanity in violation of Article 172(1) (h) as read with (a) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The Accused were sentenced to imprisonment of 20 years each. Predrag Milisavljevic was furthermore acquitted of the charges of crimes against humanity in violation of Article 172(1)(h), as read with (f) and (g) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina, all in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina. Milos Pantelic was also acquitted of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (e), (f), (h) and (k) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The trial Chamber acquitted Predrag Milisavljevic, Milos Pantelic and Ljubomir Tasic of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (d) and (e) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina.
- sentencing
- The Trial Chamber sentenced Predrag Milisavljevic to 20 years imprisonment and acquitted Ljubomir Tasic of all charges. The Appeals Chamber sentenced Milos Pantelic to 15 years imprisonment.
- Appeals chamber verdict
- On 23 July 2015, the Appellate Division Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina sent out the second-instance verdict of 2 June 2015 in the case of Predrag Milisavljevic et al., which, in their entirety, refused the appeals filed by the Prosecutor's Office of Bosnia and Herzegovina and by defense counsel for the accused Predrag Milisavljevic. The appeal filed by defense counsel for the accused Milos Pantelic was however, partly granted. Milos Pantelic, concerning the criminal offense of crimes against humanity, was accordingly sentenced to 15 (fifteen) years of imprisonment. The remaining part of the first-instance verdict was upheld.
- Status
- 2715
- Case number
- S1 1 K 011128 12 Krz
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Nenad Perovic
- Country
- Bosnia Herzegovina
- Keywords
- Rape Military Perpetrator Gender-Based Persecution Sexual Violence
- Reference link
- http://www.sudbih.gov.ba/predmet/3797/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Nenad Perovic
- Charges
- crimes against humanity under Article 172(1)(a) of the CC BiH
- Status
- 2778
- Case number
- S1 1 K 026601 18 Kri
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Literature
Dolan, Chris - Addressing Sexual Violence against Men and Boys in Conflict
- Issues
- Sexual Violence against Men
- Country
- Syria, Libya, Central African Republic (CAR), Democratic Republic of Congo (DRC)
- Keywords
- Sexual Violence against Men/Boys Rape NGO Prevention Survivor
- Reference link
- https://reliefweb.int/sites/reliefweb.int/files/resources/Into_The_Mainstream-Addressing_Sexual_Violence_against_Men_and_Boys_in_Conflict.pdf
- Full reference
- Dolan, Chris, "Into the mainstream: Addressing sexual violence against men and boys in conflict", A briefing paper prepared for the workshop held at the Overseas Development Institute, London, 14 May 2014
- Type of literature
- Grey Literature
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Dolan, Chris
-
Jurisprudence judicial mechanism
DRC Military Operational Court – Sheka Case
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Mass Rape Sexual Slavery Sexual Violence against Girls Child Soldiers
- Reference link
- http://www.hrw.org/news/2018/11/29/dr-congo-mass-rape-trial-crucial-justice
- Type of mechanism
- Military Tribunal
- Name of accused
- Ntabo Ntaberi “Sheka”
- Charges
- Crimes against humanity, war crimes, terrorism
- Status
- 2778
-
Jurisprudence judicial mechanism
ECCC - Ao An
- Country
- Cambodia
- Keywords
- Forced Marriage Rape
- Reference link
- http://www.eccc.gov.kh/en/case/topic/1691
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Ao An
- Charges
- In the indictment of 14 March 2016, Ao An was charged with: (1) Genocide of the Cham.(2) Crimes against Humanity, namely murder; extermination; enslavement; imprisonment; torture; persecution against the so-called “17 April people”, former Lon Nol soldiers, Central (Old North) Zone cadres, their families and subordinates, people from the East Zone, and other “bad elements” and “internal enemies”; persecution against Cham and Vietnamese people; and other inhumane acts including forced marriage, rape, enforced disappearances, physical abuse, forced labour, and inhumane conditions of detention. (3) Violations of the 1956 Cambodian Penal Code, namely premeditated homicide.
- Status
- 2778
- Case number
- 004/02
-
Jurisprudence judicial mechanism
ECCC - Im Chaem
- Country
- Cambodia
- Keywords
- Crimes Against Humanity Forced Marriage Sexual Violence
- Reference link
- https://www.eccc.gov.kh/en/case/topic/case0401
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Im Chaem
- Charges
- Im Chaem was initially charged with crimes against humanity and violations of the 1956 Penal Code. Additional allegations were however submitted in five supplementary submissions filed which included allegations of Forced Marriage and Sexual Violence.
- Status
- 2778
- Case number
- 004/1
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