Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 26 results.

  • Literature

    Askin, Kelly D. - Gender Crimes Jurisprudence in the ICTR...

    Year
    2005
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Gender-Based Crimes Genocide Akayesu Prosecution

    Reference link
    https://academic.oup.com/jicj/article-abstract/3/4/1007/2883162
    Full reference
    Askin, Kelly, "Gender Crimes Jurisprudence in the ICTR: Positive Developments", in J. Int’l Crim. Just., 2005, vol. 3, no. 4, pp. 1007-1018.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Askin, Kelly D.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    De Brouwer, Anne-Marie - Supranational Criminal Prosecution...

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Consent Coercion Actus Reus Akayesu

    Reference link
    https://intersentia.be/nl/supranational-criminal-prosecution-of-sexual-violence.html
    Full reference
    De Brouwer, Anne-Marie, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR, Intersentia, Antwerp/Cambridge, 2005, pp. 103-136.
    Type of literature
    Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    De Brouwer, Anne-Marie
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court

  • Literature

    Franklin, Daniel J. - Failed Rape Prosecutions...

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Akayesu Testimony Prosecution

    Reference link
    https://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/grggenl9&div=7&id=&page=
    Full reference
    Franklin, Daniel J., "Failed Rape Prosecutions at the International Criminal Tribunal for Rwanda", in9 Geo. J. Gender & L., 2008, vol. 9, no.1, pp. 181-214.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Franklin, Daniel J.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Goldstone, Richard - Prosecuting Rape as a War Crime

    Year
    2002
    Issues
    Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Form of Aggression Akayesu Mass Rape Mental Harm Outrages upon Personal Dignity

    Reference link
    https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1461&amp=&context=jil&amp=&sei-redir=1&referer=https%253A%252F%252Fwww.bing.com%252Fsearch%253Fq%253DGoldstone%252C%252BRichard%252C%252B%252522Prosecuting%252BRape%252Bas%252Ba%252BWar%252BCrime%2526src%253DIE-TopResult%2526FORM%253DIETR02%2526conversationid%253D#search=%22Goldstone%2C%20Richard%2C%20Prosecuting%20Rape%20as%20War%20Crime%22
    Full reference
    Goldstone, Richard, "Prosecuting Rape as a War Crime", in Case Western Reserve Journal of International Law, 2002, vol. 34, no. 2, pp. 277-285.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Goldstone, Richard
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Haffajee, Rebecca L. - Prosecuting Crimes of Rape and Sexual Violence

    Year
    2006
    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Accountability Akayesu Prosecution Joint Criminal Enterprise (JCE)

    Reference link
    https://pdfs.semanticscholar.org/65b3/e13e70452bd135177cd33ae7ef45a5fde0e1.pdf
    Full reference
    Haffajee, Rebecca L., "Prosecuting Crimes of Rape and Sexual Violence at the ICTR: The Application of Joint Criminal Enterprise Theory", in Harv. JL & Gender, 2006, vol. 29, no.1, pp. 201-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Haffajee, Rebecca L.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    ICTR - Alfred Musema

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Akayesu Crimes Against Humanity Genocidal Rape Mutilation

    Reference link
    http://www.unictr.org/en/cases/ictr-96-13
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Alfred Musema
    Charges
    Causing serious bodily and mental harm as genocide under Article 6(1) (committing and aiding and abetting), including raping a young Tutsi woman named Nyiramusugi, and rape as a crime against humanity under Article 6(1) (committing) for raping Nyiramusugi.
    Trial chamber verdict
    Musema was convicted by the Trial Chamber (on 27 January 2000) for causing serious bodily and mental harm as genocide.
    sentencing
    The Appeals Chamber confirmed the sentence of life imprisonment.
    Appeals chamber verdict
    The convictions were reversed on appeal. The Appeals Chamber heard out-of-court statements of Witnesses CB and EB. It held that if these testimonies had been available at trial, there would have been a reasonable doubt as to the guilt of Musema with respect to the rape of Nyiramusugi. It thus found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity.
    Status
    2715
    Case number
    ICTR-96-13

  • Jurisprudence judicial mechanism

    ICTR - Jean-Paul Akayesu

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Forced Nudity Aiding and Abetting Ordering/Instigating Sexual Violence as Genocide Rape as Crime Against Humanity Akayesu

    Reference link
    http://unictr.unmict.org/en/cases/ictr-96-4
    Full reference
    International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Judgment, 1 June 2001, ICTR-96-4.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean-Paul Akayesu
    Charges
    - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting); - Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting). - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting). - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
    Trial chamber verdict
    Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal: - Rape as a crime against humanity - Other inhumane acts as crimes against humanity - Causing serious bodily or mental harm as genocide Akayesu was found not guilty by the Trial Chamber of: - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.
    sentencing
    Akayesu received a single sentence of life imprisonment (for genocide he had received a sentence of life imprisonment; for rape as a crime against humanity 15 years’ imprisonment; and other inhumane acts as crimes against humanity 10 years’ imprisonment).
    Appeals chamber verdict
    The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).
    Status
    2715
    Case number
    ICTR-96-4

  • Jurisprudence judicial mechanism

    ICTY - Anto Furundžija (“Lašva Valley”)

    Year
    2000
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Akayesu Penetration Coercion Forced Nudity Rape/Sexual Violence in Detention Aiding and Abetting Co-perpetration

    Reference link
    http://www.icty.org/cases/party/684/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Anto Furundžija
    Charges
    - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (co-perpetration) - Outrages upon personal dignity (including rape) as a violation of the laws or customs of war under Article 7(1) (aiding and abetting) for interrogating Witness A, who was naked, while Accused B rubbed his knife on Witness A’s inner thighs and threatened to cut out her private parts if she did not tell the truth in answer to the interrogation by Furundžija. Accused B then repeatedly raped Witness A in front of an audience of soldiers.
    Trial chamber verdict
    Furundžija was found guilty by the Trial Chamber on 10 December 1998 of: - Torture as a violation of the laws or customs of war as a war crime - Outrages upon personal dignity (including rape) as a violation of the laws or customs of war. Although Furundžija did not rape Witness A himself, the Trial Chamber found that his presence and continued interrogation of Witness A aided and abetted the crimes committed by Accused B.
    Appeals chamber verdict
    The Appeals Chamber on 21 July 2000 affirmed the convictions made by the Trial Chamber.
    Status
    2715
    Case number
    IT-95-17/1

  • Jurisprudence judicial mechanism

    ICTY - Dragoljub Prcac (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Nudity Sexual Slavery Forced Prostitution Joint Criminal Enterprise (JCE) Forced to watch Rape Foreseeable Consequence Kunarac Akayesu

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragoljub Prcac
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    Trial chamber verdict
    Prcac was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Prcac was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Prcac was sentenced to 5 years’ imprisonment.
    Appeals chamber verdict
    The conviction was upheld by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Hazim Delic (Mucic et al."Celebici Camp")

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Akayesu Torture Superior Responsibility Camp Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Hazim Delic
    Charges
    - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A). - Other sexual violence charges charged under Article 7(3)
    Trial chamber verdict
    Delic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime Delic was found not guilty by the Trial Chamber of: - All the other sexual violence charges for which he was charged under Article 7(3) as the Prosecution failed to prove that Delic had superior responsibility over Celebici prison-camp, i.e. for the multiple rapes of Grozdana Cecez and Milojka Antic (i.e. cruel treatment as a violation of the laws or customs of war as a war crime); for placing a burning fuse cord around the genital areas of two detainees (i.e. willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime); and for forcing detainees to commit fellatio on each other (i.e. inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime).
    sentencing
    Delic was sentenced to 18 years of imprisonment on 8 April 2003.
    Appeals chamber verdict
    The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A).
    Status
    2715
    Case number
    IT-96-21

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