Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 34 results.

  • Jurisprudence judicial mechanism

    SCSL - Charles Ghankay Taylor

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
    Country
    Sierra Leone
    Keywords
    Forced Marriage Aiding and Abetting Superior Responsibility Conjugal Slavery AFRC RUF

    Reference link
    http://www.rscsl.org/Taylor.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Charles Ghankay Taylor
    Charges
    Taylor faced an eleven count indictment, including; - crimes against humanity of rape and sexual slavery - war crime of outrages upon personal dignity. -war crime of committing acts of terror, carried out by, inter alia, sexual violence. He was not accused of carrying out these crimes himself; rather, he was charged with assisting and encouraging, acting in concert with, directing, controlling and/or being the superior of the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the joint RUF-AFRC junta and/or Liberian fighters.
    Trial chamber verdict
    On 26 April 2012 the Trial Chamber found Taylor guilty on all eleven counts charged, including the charges that incorporated sexual violence crimes, as an aider and abettor of crimes committed by rebel forces in Sierra Leone.
    sentencing
    Taylor was sentenced to 50 years’ imprisonment.
    Appeals chamber verdict
    The Appeals Chamber, on 26 September 2013, upheld Taylor’s conviction and 50 years’ sentence.
    Status
    2715
    Case number
    SCSL-03-01

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Mizher Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Mizher Abdullah Kadhim Ruwayid
    Charges
    Ruwayid was indicted on 31 July 2005 for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Mizher Ruwayid received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Ali Dayeh Ali (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Ali Dayeh Ali
    Charges
    Ali was indicted (on 31 July 2005) for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ali was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Ali received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Abdullah Kadhim Ruwayid (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Aiding and Abetting Joint Criminal Enterprise (JCE) Detention Centers Rape/Sexual Violence in Detention Shame Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Abdullah Kadhim Ruwayid
    Charges
    Ruwayid was indicted on 31 July 2005 for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ruwayid was convicted. The conviction included torture as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ as a crime against humanity]
    sentencing
    Abdullah Ruwayid received a sentence of 15 years’ imprisonment.
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    ICTY - Vladimir Lazarevic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2014
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Knowledge of the Crimes Kunarac Specific Intent

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Vladimir Lazarevic
    Charges
    Lazarevic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Lazarevic was found not guilty by the Trial Chamber on 26 February 2009 of both the above stipulated charges. With regard to deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity, the Trial Chamber found that, while the forcible displacements were part of the VJ and MUP organized campaign, it was not satisfied beyond reasonable doubt that sexual assaults were intended aims of this campaign. The Trial Chamber found that it was not proved that Lazarevic was aware that the VJ and MUP were going into some specific crime sites in order to commit sexual assaults and, therefore, the Trial Chamber found that the mental element of aiding and abetting was not established in relation to these crimes. Moreover, it did not find that information regarding the specific sexual assaults, for which it was provided that the VJ was responsible, was available to Lazarevic or that he had reason to know about them.
    sentencing
    Lazarevic was sentenced by the Appeals Chamber to 14 years’ imprisonment on 23 January 2014 (for other charges).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    ICTY - Ramush Haradinaj ("Haradinaj et al.")

    Year
    2012
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Unreliable Testimony Retrial

    Reference link
    http://www.icty.org/cases/party/698/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ramush Haradinaj
    Charges
    Haradinaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02.
    Trial chamber verdict
    Although Haradinaj was charged with sexual violence crimes, he was acquitted on all charges against him by the Trial Chamber on 3 April 2008, thus all of the sexual violence charges stipulated above.
    Appeals chamber verdict
    The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to acquit Haradinaj on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, ordering, instigating or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Haradinaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. Haradinaj was acquitted by the Trial Chamber on 29 November 2012 after retrial.
    Status
    2715
    Case number
    IT-04-84

  • Jurisprudence judicial mechanism

    ICTY - Radomir Kovac (Kunarac et al. "Foca")

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Penetration Consent Sexual Slavery Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/712/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radomir Kovac
    Charges
    - Enslavement as a crime against humanity, rape as a crime against humanity, rape as a violation of the laws or customs of war as a war crime and outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) (committing and aiding and abetting) for: (i) detaining FWS-75 and the 12-year-old girl A.B. in his apartment for about a week and FWS-87 and A.S. for about four months and for treating them as his property; (ii) raping FWS-75, FWS-87 and A.B. and for aiding and abetting the rapes of these women and of A.S. by allowing other soldiers to visit or stay in his apartment and to rape them or by encouraging the soldiers to do so, and by handing the girls over to other men with the knowledge that they would rape them: (iii) forcing FWS-87, A.S. and A.B. to strip and dance naked on a table while watching them; and (iv) selling A.B. for 200 Deutschmarks, FWS-87 and A.S. for 500 Deutschmarks each and for handing over FWS-75 to other men.
    Trial chamber verdict
    Kovac was found guilty by the Trial Chamber on 22 February 2001 of: - Enslavement as a crime against humanity - Rape as a crime against humanity - Rape as a violation of the laws or customs of war as a war crime - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Kovac was given a sentence of 20 years’ imprisonment on 12 June 2002.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 12 June 2002.
    Status
    2715
    Case number
    IT-96-23 and IT-96-23/1

  • Jurisprudence judicial mechanism

    ICTY - Nikola Sainovic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Extended Joint Criminal Enterprise Foreseeable Consequence Definition of Sexual Assault Kunarac Knowledge of the Crimes

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nikola Sainovic
    Charges
    Sainovic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    The Trial Chamber, with Judge Ali Nawaz Chowhan partly dissenting, held that it was not established that the sexual assault charges that were proven (in Beleg and Cirez/Qirez) were reasonably foreseeable to Sainovic and that he lacked knowledge of these crimes.
    sentencing
    Sainovic was sentenced by the Appeals Chamber to 18 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber on 23 January 2014, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Sainovic not guilty for committing through his participation in a JCE persecution, through sexual assaults, as a crime against humanity in Beleg, Cirez/Qirez, and Pristina/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Bralo (“Lasva Valley”)

    Year
    2007
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Detention Biting Ejaculating HVO Soldiers Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/671/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Miroslav Bralo
    Charges
    - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (committing and aiding and abetting) for repeatedly raping Witness A and biting her nipples while Furundžija interrogated her in the presence of others on, or about, 15 May 1993 and for confining her in a house in the area of Nadioci where she was repeatedly raped by members of the “Jokers” with the knowledge of Bralo between 16 May 1993 and July 1993.
    Trial chamber verdict
    Bralo entered a guilty plea to all counts in the indictment on 19 July 2005. Bralo was found guilty by the Trial Chamber of: - Torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime, torture as a violation of the laws or customs of war as a war crime, outrages upon personal dignity as a violation of the laws or customs of war as a war crime and unlawful confinement as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Bralo was sentenced to 20 years’ imprisonment on 2 April 2007.
    Status
    2715
    Case number
    IT-95-17

  • Jurisprudence judicial mechanism

    ICTY - Lahi Brahimaj ("Haradinaj et al.")

    Year
    2012
    Issues
    Sexual Violence against Men Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Forced Nudity Genitalia Kunarac Ordering/Instigating Retrial Unreliable Testimony

    Reference link
    http://www.icty.org/cases/party/698/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Lahi Brahimaj
    Charges
    Brahimaj was charged with: - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts as crimes against humanity and cruel treatment, torture and outrages upon personal dignity as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the stripping of Witness SST7/38 naked and the sexual assault of Witness SST7/38’s sister. - Persecution as a crime against humanity or, in the alternative, torture and other inhumane acts (serious physical and mental injury) as crimes against humanity and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground. - Persecution as a crime against humanity or, in the alternative, torture, rape and other inhumane acts (serious physical and mental injury) as crimes against humanity, rape as a violation of the laws or customs of war as a war crime and cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE), which included the repeated rape of Witness SST7/02 and Witness 61.
    Trial chamber verdict
    Although Brahimaj was charged with sexual violence crimes, he was found, by the Trial Chamber on 3 April 2008, not guilty of the charges of sexual violence against him.
    sentencing
    Brahimaj was sentenced to 6 years’ imprisonment (for other charges).
    Appeals chamber verdict
    The Appeals Chamber on 19 July 2010 quashed the Trial Chamber’s decision to hold Brahimaj not guilty on several charges, including the charge of cruel treatment and torture as violations of the laws or customs of war as a war crime under Article 7(1) (JCE or, in the alternative, committing, planning or aiding and abetting), which included kicking Naser Lika in the testicles while he lay on the ground, and ordered that Brahimaj be retried on this charge. The Appeals Chamber confirmed the acquittals for the other sexual violence charges. He was acquitted by the Trial Chamber on 29 November 2012 for the charges in the re-trial indictment and thus for the remaining sexual violence charge.
    Status
    2715
    Case number
    IT-04-84

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