Table of contents
P.30. Evidence inferred from a utterance, a document or a deed.
P.30.1. Evidence of sexually molesting one or more persons.
P.30.2. Evidence of touching or grabbing a person or persons breast.
P.30.3. Evidence of touching or rubbing a person or persons inner thighs with a weapon.
P.30.4. Evidence of mutilating a person or persons sexual characteristics.
P.30.5. Evidence of mutilating a persons genitals.
P.30.6. Evidence of slicing off a persons breasts.
P.30.7. Evidence of sexually torturing one or more persons.
P.30.8. Evidence of pouring boiling palm oil on a persons vagina.
P.30.9. Evidence of subjecting a person or persons to sexual verbal abuse.
P.30.10. Evidence of subjecting a person or persons to humiliating sexual threats.
P.31. Evidence of causing a person or persons to engage in acts of a sexual nature
P.31.1. Evidence of subjecting one or more persons to forced nudity.
P.31.2. Evidence of forcing a person or persons to perform exercices naked in public.
P.31.3. Evidence of forcing a person or persons to march around naked in public.
P.31.4. Evidence of forcing a person or persons to dance and strip naked in public.
P.31.5. Evidence of forcing a person or persons to bathe the perpetrator.
P.31.6. Evidence of forcing one or more persons to have sexual intercourse.
P.31.7. Evidence of forcing one or more persons to commit incest.
P.31.8. Evidence of forcing one or more persons to dress in provocative clothing.
Element
P.30. Evidence inferred from a utterance, a document or a deed.
P.30.1. Evidence of sexually molesting one or more persons.
A. Legal source/authority and evidence:
Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-T, Judgement (TC), 2 November 2001, para. 180:
"180. The Akayesu Trial Chamber defined sexual violence as "any act of a sexual nature which is committed on a person under circumstances which are coercive."342 Thus, sexual violence is broader than rape and includes such crimes as sexual slavery or molestation.343"
"343Sexual violence would also include such crimes as sexual mutilation, forced marriage, and forced abortion as well as the gender related crimes explicitly listed in the ICC Statute as war crimes and crimes against humanity, namely "rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization" and other similar forms of violence. Rome Statute of the International Criminal Court, UN Doc A/CONF.183/9, 17 July 1998, at Art. 7(1) (g), Art. 8(2) (b) (xxii), and Art. 8(2) (e) (vi)."
[B. Evidentiary comment:]
P.30.2. Evidence of touching or grabbing a person or persons breast.
P.30.3. Evidence of touching or rubbing a person or persons inner thighs with a weapon.
A. Legal source/authority and evidence:
Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-T, Judgement (TC), 2 November 2001, paras. 98-99:
"98. [ ]The Trial Chamber heard compelling evidence from several female detainees who testified that it was commonplace for women to be subjected to sexual intimidation or violence in Omarska.236 For example, Sifeta Susic felt threatened by Zeljko Meakic when he said to her that someone had "asked whether it was true that Sifeta Susic was raped by 20 soldiers and I said Yes, it is. I was the 20th in line."237 Several witnesses told of an occasion when a man approached a female detainee in the eating area, unbuttoned her shirt, drew a knife over one of her breasts, and threatened to cut it off.238 Many others testified that women were frequently called out from the administration building or the cafeteria at night and were subsequently raped or subjected to other forms of sexual violence.239
99. Witness J testified that on one occasion Nedeljko Grabovac, known as "Kapitan", called her out. She was afraid he might kill her and described how he started touching her on her genitals and grabbing her breasts. Despite her pleas, he took out his penis and attempted to rape her, finally ejaculating on her before she managed to escape.240 The witness incurred bruises on her thighs and breasts as she struggled to get away.241"
"237 Sifeta Susic, T. 3020-3021.
238 Witness J, T. 4769; Zlata Cikota, T. 3337-3338.
239 Witness J, T. 4774-4775; Witness AT, T. 6083; Witness K, T. 4983; Witness A, T. 5486; Witness F, T. 5382; Sifeta Susic, T. 3018
240 Witness J, T. 4779-4782.
241 Witness J, T. 4782-4783."
Prosecutor v. Anto Furundija, Case No. IT-95-17/1-T, Judgement (TC), 10 December 1998
, para. 40:"40. [ ] During the questioning by the accused, one of the soldiers forced Witness A to undress and then rubbed his knife along her inner thigh and lower stomach and threatened to put his knife inside her vagina should she not tell the truth. The accused continued to interrogate Witness A throughout this threatening conduct."
[B. Evidentiary comment:]
P.30.4. Evidence of mutilating a person or persons sexual characteristics.
A. Legal source/authority and evidence:
Update to the Final Report of the UN Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices During Armed Conflict, at para. 16, U.N. Doc. No. E/CN.4/Sub.2/2000/21 (2000):
"16. In June 1999, the Special Rapporteur participated in a two-day mission to Sierra Leone at the invitation of the United Nations High Commissioner for Human Rights. [ ] These and numerous other testimonies reveal that sexual slavery and other forms of sexual violence, including [ ] sexual mutilations [ ], were systematic and widespread during the armed conflict, with rebel soldiers committing the vast majority of the reported abuses.20"
"20. See Human Rights Watch, Getting Away with Murder, Mutilation, and Rape: New Testimony from Sierra Leone (June 1999), pp. 9, 31-38:
"Throughout the occupation, the rebels perpetrated organized and widespread sexual violence against girls and women. The rebels launched operations in which they rounded up girls and women, brought them to rebel command centres, and subjected them to individual and gang-rape. The sexual abuse was frequently characterized by extreme brutality. Young girls under seventeen, and particularly virgins, were specifically targeted, and hundreds of them were later abducted by the rebels", p.9."
[B. Evidentiary comment:]
P.30.5. Evidence of mutilating a persons genitals.
P.30.6. Evidence of slicing off a persons breasts.
A. Legal source/authority and evidence:
Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, para. 828:
"828. Having considered the evidence, as set forth above, the Chamber finds that the Prosecution has established beyond a reasonable doubt that Musema ordered the rape of Annunciata Mujawayezu, a Tutsi woman, and the cutting off of her breast to be fed to her son."
Special Rapporteur on Contemporary Forms of Slavery, Systematic Rape, Sexual Slavery and Slavery-Like Practices during Armed Conflict, 22 June 1998, U.N. Doc. E/CN.4/Sub.2/1998/13 para. 21:
"21. [ ] Sexual violence covers both physical and psychological attacks directed at a person's sexual characteristics, such as forcing a person to strip naked in public, mutilating a person's genitals, or slicing off a woman's breasts. [Human Rights Watch, Shattered Lives: Sexual Violence during the Rwandan Genocide and its Aftermath, New York, (1996) p. 62.]"
[B. Evidentiary comment:]
P.30.7. Evidence of sexually torturing one or more persons.
P.30.8. Evidence of pouring boiling palm oil on a persons vagina.
A. Legal source/authority and evidence:
[B. Evidentiary comment:]
P.30.9. Evidence of subjecting a person or persons to sexual verbal abuse.
P.30.10. Evidence of subjecting a person or persons to humiliating sexual threats.
A. Legal source/authority and evidence:
Prosecutor v. Dragan Nikolić, Case No. IT-94-2-T, Judgement (TC), 18 December 2003
, paras. 20-21:"20. From early June until about 15 September 1992 many female detainees at Susica camp were subjected to sexual assaults, including rapes and degrading physical and verbal abuse. DRAGAN NIKOLIC personally removed and otherwise facilitated the removal of female detainees from the hangar, which he knew was for purposes of rapes, and other sexually abusive conduct. The sexual assaults were committed by camp guards, special forces, local soldiers and other men.
21. Female detainees were sexually assaulted at various locations, such as the guardhouse, the houses surrounding the camp, at the Panorama Hotel, a military headquarters, and at locations where such women were taken to perform forced labour. DRAGAN NIKOLIC allowed female detainees, including girls and elderly women, to be verbally subjected to humiliating sexual threats in the presence of other detainees in the hangar. DRAGAN NIKOLIC facilitated the removal of female detainees by allowing guards, soldiers and other males to have access to these women on a repetitive basis and by otherwise encouraging the sexually abusive conduct."
[B. Evidentiary comment:]
P.31. Evidence of causing a person or persons to engage in acts of a sexual nature
P.31.1. Evidence of subjecting one or more persons to forced nudity.
P.31.2. Evidence offorcing a person or persons to perform exercices naked in public.
P.31.3. Evidence offorcing a person or persons to march around naked in public.
A. Legal source/authority and evidence:
Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, paras. 428, 436, 686:
"428. [ ]Witness KK testified regarding an incident in which the Accused told the Interahamwe to undress a young girl named Chantal, whom he knew to be a gymnast, so that she could do gymnastics naked. The Accused told Chantal, who said she was Hutu, that she must be a Tutsi because he knew her father to be a Tutsi. As Chantal was forced to march around naked in front of many people, Witness KK testified that the Accused was laughing and happy with this."
"436.[ ] the three women were forced by the Interahamwe to undress and told to walk, run and perform exercises "so that they could display the thighs of Tutsi women." All this took place, she said, in front of approximately two hundred people. After this, she said the women were raped."
"686. [ ] The incident described by Witness KK in which the Accused ordered the Interahamwe to undress a student and force her to do gymnastics naked in the public courtyard of the bureau communal, in front of a crowd, constitutes sexual violence."
[B. Evidentiary comment:]
P.31.4. Evidence of forcing a person or persons to dance and strip naked in public.
A. Legal source/authority and evidence:
Prosecutor v. Dragoljub Kunarac et al., Cases No. IT-96-23-T and IT-96-23/1-T, Judgement (TC), 22 February 2001, paras. 768-769:
769. A.S. testified, and the Trial Chamber accepts, that she, together with A.B. and FWS-87, were once made to strip and dance. Radomir Kovač, Jagos Kostic and possibly a third soldier watched them. Although she did not recall FWS-75 being present, A.S.s testimony fully supports FWS-87s evidence of these events."
Special Rapporteur on Contemporary Forms of Slavery, Systematic Rape, Sexual Slavery and Slavery-Like Practices during Armed Conflict, 22 June 1998, U.N. Doc. E/CN.4/Sub.2/1998/13 para. 21:
"21. [ ] Sexual violence covers both physical and psychological attacks directed at a person's sexual characteristics, such as forcing a person to strip naked in public, mutilating a person's genitals, or slicing off a woman's breasts. [Human Rights Watch, Shattered Lives: Sexual Violence during the Rwandan Genocide and its Aftermath, New York, (1996) p. 62.]"
[B. Evidentiary comment:]
P.31.5. Evidence of forcing a person or persons to bathe the perpetrator.
P.31.6. Evidence of forcing one or more persons to have sexual intercourse.
P.31.7. Evidence of forcing one or more persons to commit incest.
A. Legal source/authority and evidence:
Prosecutor v. Zejnil Delalić et al., Case No. IT-96-21-T, Judgement (TC), 16 November 1998, paras. 1065-1066:
"1065.Accordingly, on the basis of the foregoing evidence, the Trial Chamber finds that, on one occasion, Esad Lando ordered Vaso Đorđić and his brother, Veseljko Đorđić, to remove their trousers in front of the other detainees in Hangar 6. He then forced first one brother and then the other to kneel down and take the other ones penis into his mouth for a period of about two to three minutes. This act of fellatio was performed in full view of the other detainees in the Hangar."
1066.The Trial Chamber finds that the act of forcing Vaso Đorđić and Veseljko Đorđić to perform fellatio on one another constituted, at least, a fundamental attack on their human dignity. Accordingly, the Trial Chamber finds that this act constitutes the offence of inhuman treatment under Article 2 of the Statute, and cruel treatment under Article 3 of the Statute. The Trial Chamber notes that the aforementioned act could constitute rape for which liability could have been found if pleaded in the appropriate manner."
[B. Evidentiary comment:]
P.31.8. Evidence of forcing one or more persons to dress in provocative clothing.
