Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 5 results.

  • Literature

    Eriksson Baaz, Maria and Stern, Maria - Making Sense of Violence...

    Year
    2008
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Attack against a Civilian Population Stereotype Hatred Militia Soldiers

    Reference link
    https://faculty.polisci.wisc.edu/schatzberg/ps455/Baaz2008.pdf
    Full reference
    Baaz, Maria Eriksson and Maria Stern, "Making Sense of Violence: Voices of Soldiers in the Congo (DRC)", in The Journal of Modern African Studies, 2008, vol. 46, no. 1, pp. 57-86.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Eriksson Baaz, Maria and Stern, Maria

  • 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 non-judicial mechanisms

    International Commission of Inquiry on Libya

    Country
    Libya
    Keywords
    War Crimes Attack against a Civilian Population Sexual Violence

    Reference link
    www.ohchr.org/EN/HRBodies/HRC/Pages/OIOL.aspx
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Libya
    Status
    2715
    Findings
    On 15 June 2011 the Commission submitted a report to the Human Rights Council setting out its findings. The Council extended the mandate of the Commission in light of the extensive and on-going allegations of abuses. It requested the Commission to provide a second report at the Council’s nineteenth session in March, 2012. In its first report of 15 June 2011, the COI held with regard to sexual violence: “The commission received, but was unable to verify, individual accounts of rape. It notes, however, that sufficient information was received to justify further investigation to ascertain the extent of sexual violence, including whether cases were linked to incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact and have spread fear among the population. Given the allegations that rape was committed as part of a policy to spread such fear, further investigation would be warranted.” And: “The commission has found that there have been many serious violations of international humanitarian law committed by Government forces amounting to “war crimes”. (…) Further investigation would also be required in relation to whether children under 15 years of age were conscripted into or enlisted in armed forces or groups, or used them to participate actively in hostilities, as well as into allegations of rape during the conflict.” In conclusion on sexual violence, the COI said: “ The Commission received but was unable to verify individual accounts of rape. However, the Commission notes there was sufficient information received to justify further investigation to ascertain the extent of sexual violence including whether cases were linked to incitement by the command of either side. It is evident that the reports of the rapes have had a major psychological and social impact and have spread fear among the population. Given accounts that rape was committed as part of a policy to spread such fear, further investigation would be warranted.” And: “Sexual violence is an area which requires further investigation to ascertain the extent of these violations, including whether cases were linked to incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact, spreading fears amongst the population. Given the sensitive nature of the subject, the Commission considers it important that further investigation employ specifically tailored methodologies which take into account the stigmatization of sexual violence.” However, at one point, the COI stated: “the commission has found that there have been acts constituting murder, imprisonment, other forms of severe deprivation of physical liberty in violation of fundamental rules of international law, torture, persecution, enforced disappearance and sexual abuse that were committed by Government forces as part of a widespread or systematic attack against a civilian population with knowledge of the attack. Such acts fall within the meaning of “crimes against humanity”.” On 8 March 2012, the COI found additional violations including unlawful killing, individual acts of torture and ill-treatment, attacks on civilians, and rape (committed by the Qadhafi forces). On sexual violence it held specifically: “The prevailing culture of silence, the lack of reliable statistics, the evident use of torture to extract confessions, and the political sensitivity of the issue combine to make this issue the most difficult one for the Commission to investigate. The Commission found that sexual violence occurred in Libya and played a significant role in provoking fear in various communities. The Commission established that sexual torture was used as a means to extract information from and to humiliate detainees. The Commission did not find evidence to substantiate claims of a widespread or a systematic attack, or any overall policy of sexual violence against a civilian population. The information received is, however, sufficient to justify further investigation to ascertain the extent of sexual violence.”
    Recommendations
    In its recommendations, the COI gave three specific recommendations that applied to victims of sexual violence: “(j) Establish appropriate gender-sensitive psychological, medical, legal and social support services throughout the country; recruit and train female investigators and encourage and support the establishment of civil society organizations to provide support to victims of sexual violence; (k) Establish public awareness campaigns through the media in support of victims of sexual violence; and (t) Establish programs for the training for all officials including judicial, police, military and prison officials in international human rights law, in particular specialized training for the handling of sexual violence cases.” For the rest of the recommendations, see the report.
    Date of report / release
    1912-03-08

  • Literature

    Johansson, Karin and Sarwari, Mehwish - Sexual violence and biased military interventions in civil conflict

    Year
    2017
    Issues
    Socio-cultural Context of Sexual Violence Sexual Violence as a Weapon of War

    Reference link
    http://journals.sagepub.com/doi/abs/10.1177/0738894216689814
    Full reference
    Karin Johansson and Mehwish Sarwari, “Sexual Violence and Biased Military Interventions in Civil Conflict”, in Conflict Management and Peace Science, 2017, pp. 1-25.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Johansson, Karin and Sarwari, Mehwish

  • Literature

    Kramer, Sophie - Forced Marriage and the Absence of Gang Rape

    Year
    2012
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Uganda
    Keywords
    Gang Rape Forced Marriage Soldiers Sexual War Violence Attack against a Civilian Population

    Reference link
    https://academiccommons.columbia.edu/doi/10.7916/D8QC01G1
    Full reference
    Kramer, Sophie, "Forced Marriage and the Absence of Gang Rape: Explaining Sexual Violence by the Lord’s Resistance Army in Northern Uganda", in The Journal of Politics and Society, 2012, vol. 23, no. 10, pp. 11-49.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Kramer, Sophie

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