war crimes

Action Plan for the Implementation of UNSCR 1325 “Women, Peace and Security” in Bosnia and Herzegovina, as updated.

Case No. AP 126/08, on the appeal of Gojko Janković, Constitutional Court of Bosnia and Herzegovina, (2011)

This case arose from a January 2011 incident in Fizi, Democratic Republic of the Congo. Congolese soldiers had carried out a retaliatory military operation against civilians following the killing of a fellow soldier. This resulted in mass arrests, the collective rape of women, torture, destruction of property, and other abuses against fifty-three women and one man.

Article 494 of the Penal Code criminalizes sexual crimes committed in the context of armed conflict, whether international or internal. It explicitly covers rape, sexual slavery, sexual exploitation, forced prostitution, forced pregnancy, forced sterilization, and other forms of sexual violence committed against persons protected under international humanitarian law.

The 90-year-old female appellant (an Iraqi national) applied to the Austrian government for asylum and international protection, stating that due to the war in Iraq, she feared for her life and for her family. She stated that she had been threatened by various battle groups. It appeared that the appellant was confined to a wheelchair and suffered from various illnesses including labyrinthine deafness, arterial hypertonia, kidney cysts, and dementia with behavioral disorder.

Criminal Code of Bosnia and Herzegovina (2003), as amended.

Law 1719 of June 18, 2014 on access to justice for victims of sexual violence. 

The National Plan of Action for the Implementation of the Resolution Nº 1325/2000 of the UN Security Council on Women, Peace and Security was approved by the Angolan President in June 2017, revoking all legislation that contravenes it. The UN Resolution Nº 1325/2000 emphasizes the uneven impact of armed conflicts on men and women, and appeals for a higher degree of participation of women, and the integration of gender equality in the prevention, management, and resolution of armed conflicts.

Musema was the director of a tea factory during the 1994 genocide in Rwanda, and was accused of organizing and participating in attacks on Tutsi communes. The Trial Chamber found that Musema had participated in at least four separate attacks, and that he personally participated in a rape and encouraged others to rape the victim. Musema was sentenced to life imprisonment.

Semanza was a former mayor of Bicumbi commune, and was accused of aiding and abetting genocide in connection with two massacres of Tutsis. He was specifically alleged to have directly participated in murder and torture, inciting a crowd to and personally participating in the rape and murder of Tutsi women. The Trial Chamber found that Semanza was guilty of a crime against humanity for his rape, torture, and murder of Tutsi women. This case is notable for scaling back the definition of rape adopted by the Appeal Chamber of the ICTR.