Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 17 of 17 results.

  • Jurisprudence judicial mechanism

    ICC - Ahmad Muhammad Harun (Ahmad Harun “Ahmad Huhammad Harun and Ali Muhammad Ali Abd-Al-Rahman”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sudan
    Keywords
    Accused at large Gender-Based Persecution Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Ahmad Muhammad Harun (“Ahmad Harun”)
    Charges
    In the warrant of arrest of 27 April 2007, Harun faces 42 counts of war crimes and crimes against humanity in total, among which are charges of sexual violence committed against in particular the Fur population in Darfur, namely: - Rape as a crime against humanity; - Persecution as a crime against humanity, including rape; - Rape as a war crime (article 8(2)(e)(vi)); - Outrage upon personal dignity as a war crime, including sexual violence (Article 8(2)(c)(ii)). All under Article 25(3)(d) of the Rome Statute.
    Status
    2778
    Case number
    ICC-02/05-01/07

  • Jurisprudence judicial mechanism

    ICC - Abdel Raheem Muhammad Hussein

    Country
    Sudan
    Keywords
    Accused at large Attack against a Civilian Population Armed Group Common Purpose

    Reference link
    http://www.icc-cpi.int/darfur/hussein
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Abdel Raheem Muhammad Hussein
    Charges
    The arrest warrant against Hussein lists 13 crimes on the basis of his individual criminal responsibility under article 25(3)(a) of the Rome Statute as an indirect (co)perpetrator as follows: (1) Seven counts of crimes against humanity, namely: persecution under article 7(l)(h); murder under article 7(1)(a); forcible transfer under article 7(1)(d); rape under article 7(1)(g); inhumane acts under article 7(l)(k); imprisonment or severe deprivation of liberty under article 7(l)(e); and torture under article 7(1)(f). (2) Six war crimes, namely: murder pursuant to article 8(2)(c)(i); attacks against a civilian population under article 8(2)(e)(i); destruction of property under article 8(2)(e)(xii); rape under article 8(2)(e)(vi); pillaging under (article 8(2)(e)(v); and outrage upon personal dignity under article 8(2)(c)(ii).
    Status
    2778
    Case number
    ICC-02/05-01/12

  • Jurisprudence judicial mechanism

    East Timor - Rosalino Pires ("Gonsalves et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    East Timor
    Keywords
    Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1016/Gonsalves-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Rosalino Pires
    Charges
    Pires was charged (in the indictment of 12 June 2002) with several crimes, including one count of rape as a crime against humanity (Section 5.1(g) of the UNTAET Regulation 2000/15) under Section 14 of the UNTAET Regulation 2000/15 (individual criminal responsibility). The widespread and systematic attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters. The accused has never been found. At large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    B0-84-99-SC

  • Jurisprudence judicial mechanism

    East Timor - Paulo Gonsalves ("Gonsalves et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    East Timor
    Keywords
    Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1016/Gonsalves-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Paulo Gonsalves
    Charges
    Gonsalves was charged in the indictment of 12 June 2002 with several crimes, including four counts of rape as a crime against humanity (Section 5.1(g) of the UNTAET Regulation 2000/15) under Section 14 of the UNTAET Regulation 2000/15 (individual criminal responsibility). The widespread and systematic attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters. The accused has never been found. At large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    B0-84-99-SC

  • Jurisprudence judicial mechanism

    East Timor - Marcelino Leto Bili Purificasao ("Gonsalves et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    East Timor
    Keywords
    Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1016/Gonsalves-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Marcelino Leto Bili Purificasao
    Charges
    Purificasao was charged in the indictment of 12 June 2002 with several crimes, including one count of rape as a crime against humanity (Section 5.1(g) of the UNTAET Regulation 2000/15) under Section 14 of the UNTAET Regulation 2000/15 (individual criminal responsibility). The widespread and systematic attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters. The accused has never been found. At large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    B0-84-99-SC

  • Jurisprudence judicial mechanism

    East Timor - Egidio Manek et al.

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Aiding and Abetting Definition of Rape Consent Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1061/Manek-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Egidio Manek et al.
    Charges
    Of the 14 indicted, four individuals were charged with rape as a crime against humanity (Section 5(1)(g) UNTAET Regulation 2000/15), namely Egidio Manek (Deputy Commander), Olivio Tatoo Bau (member of the Laksaur militia, Tilomar/Salele), Americo Bau (or Mali) (idem), and Gabriel Nahak (member of the Laksaur militia, Leogore, Suai Kota). All under Section 14 UNTAET Regulation 2000/15 (committing, ordering, soliciting or inducing, aiding, abetting or otherwise assisting). However, the indictment never led to any trial before a court in East Timor, owing to the continued absence of the accused from the country. Accused at large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    09/CG/TDD/2003

  • 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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