Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 17 results.

  • 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

    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 - 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 - 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

    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)

  • 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

    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 - Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) (“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 Janjaweed 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
    Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)
    Charges
    In the warrant of arrest of 27 April 2007, Ali Abd-Al-Rahman faces 50 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 under Article 25(3)(d); - Persecution as a crime against humanity, including rape under Article 25(3)(d); - Rape as a war crime (article 8(2)(e)(vi)) under Article 25(3)(d); - Outrage upon personal dignity in particular humiliating and degrading treatment as a war crime, including sexual violence (Article 8(2)(c)(ii)) under Article 25(3)(a).
    Status
    2778
    Case number
    ICC-02/05-01/07

  • Jurisprudence judicial mechanism

    ICC - Joseph Kony (“Joseph Kony and Vincent Otti”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    Accused at large Lord’s Resistance Army (LRA) Direct Commission

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Joseph Kony
    Charges
    The arrest warrant against Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen was initially unsealed on 13 October 2005; they are/were all commanders of the Lord’s Resistance Army (LRA) in northern Uganda, whose cases were joint (Lukwiya and Odhiambo have been removed from the case (they were not charged with sexual violence) due to their alleged deaths and Ongwen’s case has been severed from this case due to his transfer to the ICC for trial). Kony faces 33 counts of war crimes and crimes against humanity, including: - Inducing rape as a war crime (article 8(2)(e)(vi)); - Rape as a crime against humanity; - Sexual enslavement as a crime against humanity. All under Articles 25(3)(a) and 25(3)(b).
    Status
    2778
    Case number
    ICC-02/04-01/05

  • Jurisprudence judicial mechanism

    ICC - Omar Hassan Ahmad Al Bashir

    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Sudan
    Keywords
    Accused at large Genocidal Rape Specific Intent

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Omar Hassan Ahmad Al Bashir
    Charges
    In the first warrant of arrest of 4 March 2009, Al Bashir was charged with crimes against humanity and war crimes, including sexual violence, namely: - Rape as a crime against humanity for the rapes of civilian women, belonging primarily to the Fur, Masalit and Zaghawa groups, were subjected to acts of rape by Government forces of Sudan. These rapes were committed, inter alia, in the towns of Bindisi and Arawala in West Darfur between August and December 2003; the town of Kailek in South Darfur in February and March 2004; and the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. On 6 July 2009, the Prosecutor appealed the decision to the extent that Pre-Trial Chamber I decided not to issue a warrant of arrest in respect of the charge of genocide, which included sexual violence. On 3 February 2010, the Appeals Chamber directed the Pre-Trial Chamber to decide anew whether or not the arrest warrant should be extended to cover the charge of genocide. Applying the standard of proof as identified by the Appeals Chamber, Pre-Trial Chamber I concluded, on 12 July 2010, that there are reasonable grounds to believe that Al Bashir acted with specific intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups. The Chamber delivered a second warrant of arrest (on 12 July 2010) against Al Bashir, considering that there are reasonable grounds to believe him responsible for three counts of genocide committed against the ethnic groups of Fur, Masalit and Zaghawa, which included charges of sexual violence, namely: - Causing serious bodily or mental harm as genocide, including subjecting, throughout the Darfur region, thousands of civilian women, belonging primarily to the Fur, Masalit and Zaghawa groups, to acts of rape by Government forces of Sudan. This included, inter alia, (i) the towns of Bindisi and Arawala in West Darfur between August and December 2003; (ii) the town of Kailek in South Darfur in February and March 2004; and (iii) the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. For both charges, Al Bashir is held criminally responsible as an indirect perpetrator, or as an indirect co-perpetrator, under article 25(3)(a) of the Statute.
    Status
    2778
    Case number
    ICC-02/05-01/09

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