Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 3 results.

  • Jurisprudence judicial mechanism

    ICC - Thomas Lubanga Dyilo

    Year
    2014
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Charges Filed too Late Child Soldiers

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200106/Pages/democratic%20republic%20of%20the%20congo.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Thomas Lubanga Dyilo
    Charges
    Lubanga Dyilo was not charged with sexual violence in the indictment, despite widespread documentation of sexual violence committed by the UPC by several international, national and local NGOs as well as UN agencies. He was, however, charged with the war crimes of enlistment and conscription of children under the age of 15 and of using them to participate actively in hostilities in Ituri, DRC, from July 2002 until December 2003. During trial, however, in an amicus curiae brief of the UN Special Representative of the Secretary General on Children and Armed Conflict dated 18 March 2008, the Special Representative observed that the crime of ‘using children to participate actively’ in hostilities could include in particular girl child soldiers. She proposed that the Trial Chamber ‘deliberately include any sexual acts perpetrated in particular against girls’ within the ‘active participation’ charges. This would seem to provide an opening to prosecute Lubanga for sexual violence. The Prosecution in their opening statement on 26 January 2009, devoted some time to discussing the abduction of young girls by Lubanga to be used as sex slaves and that boy soldiers were also forced to rape civilians (Transcripts Lubanga case, 26 January 2009). Some of the Legal Representatives for Victims, representing girl victims of sexual violence, discussed sexual violence committed against girls (Transcripts Lubanga case, 26 January 2009). Since Lubanga Dyilo was not charged with sexual violence crimes as such, the bringing up of sexual violence by both the Prosecutor and the Legal Representatives for Victims could, at the time, be seen as a move to request the amendment of the charges during trial. Indeed, on 14 July 2009, a majority of Trial Chamber judges ruled in response to a joint application submitted by victims’ representatives that it was possible to add charges of sexual slavery (as young girl recruits were used as sex slaves) and cruel and inhumane treatment (as sending children into combat) based on Regulation 55 of the Regulations of the Court (requalification of the facts) (Decision Giving Notice, 14 July 2009). The Chamber stipulated that the charges must be based on existing evidence or on facts that emerged during the trial. However, on 8 December 2009, the Appeals Chamber ruled that Regulation 55(2) and (3) of the Regulations of the Court may not be used to exceed the facts and circumstances described in the charges or any amendment thereto.
    Trial chamber verdict
    In light of the above developments, Lubanga Dyilo was not charged and convicted for sexual violence crimes. Lubanga Dyilo was found guilty, on 14 March 2012, of the war crimes of enlisting and conscripting of children under the age of 15 years and using them to participate actively in hostilities.
    sentencing
    He was sentenced, on 10 July 2012, to a total of 14 years of imprisonment. The verdict and sentence were confirmed by Appeals Chamber on 1 December 2014.
    Status
    2715
    Case number
    ICC-01/04-01/06

  • Jurisprudence judicial mechanism

    SCSL - Allieu Kondewa (“Fofana & Kondewa”)

    Year
    2003
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Sierra Leone
    Keywords
    Charges Filed too Late Forced Miscarriage

    Reference link
    http://www.rscsl.org/CDF.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Allieu Kondewa
    Charges
    Kondewa was not charged with sexual violence in the indictment. However, the Prosecution requested, before the start of the trial, the inclusion of sexual violence charges, i.e. rape, sexual slavery and other inhumane acts (e.g. forced marriage) as crimes against humanity and outrages upon personal dignity as a war crime. The request was dismissed by the Trial Chamber before the start of the trial. On appeal, the Prosecution alleged that the Trial Chamber committed an error of law and fact. As a remedy, the Prosecution sought a reversal by the Appeals Chamber of the Trial Chamber’s legal reasoning and a declaration to that effect only. The Prosecution did not request the Appeals Chamber to substitute any additional conviction or to order any trial proceedings. The Appeals Chamber held (on 28 May 2003) that the Prosecution’s request was an academic exercise only (with dissenting opinion Judge Winter).
    Trial chamber verdict
    At trial, the Trial Chamber did not allow evidence of sexual violence because these crimes were not specifically pleaded in the indictment. This would infringe upon the rights of the Accused. The Appeals Chamber, however, held that evidence of sexual violence was relevant to charges in the indictment and that the Trial Chamber had erred in denying such evidence. In addition, the accused was put on notice of such evidence.
    sentencing
    In light of the above developments, Kondewa was not charged and convicted for sexual violence crimes. He received a sentence of 20 years’ imprisonment on 28 May 2003.
    Status
    2715
    Case number
    SCSL-04-14

  • Jurisprudence judicial mechanism

    SCSL - Moinina Fofana (“Fofana & Kondewa”)

    Year
    2003
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Charges Filed too Late Forced Marriage

    Reference link
    http://www.rscsl.org/CDF.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Moinina Fofana
    Charges
    Fofana was not charged with sexual violence in the indictment. However, the Prosecution requested, before the start of the trial, the inclusion of sexual violence charges, i.e. rape, sexual slavery and other inhumane acts (e.g. forced marriage) as crimes against humanity and outrages upon personal dignity as a war crime. The request was dismissed by the Trial Chamber before the start of the trial. On appeal, the Prosecution alleged that the Trial Chamber committed an error of law and fact. As a remedy, the Prosecution sought a reversal by the Appeals Chamber of the Trial Chamber’s legal reasoning and a declaration to that effect only. The Prosecution did not request the Appeals Chamber to substitute any additional conviction or to order any trial proceedings. The Appeals Chamber (on 28 May 2003) held that the Prosecution’s request was an academic exercise only (with dissenting opinion Judge Winter).
    Trial chamber verdict
    At trial, the Trial Chamber did not allow evidence of sexual violence because these crimes were not specifically pleaded in the indictment. This would infringe upon the rights of the Accused. The Appeals Chamber, however, held that evidence of sexual violence was relevant to charges in the indictment and that the Trial Chamber had erred in denying such evidence. In addition, the accused was put on notice of such evidence.
    sentencing
    In light of the above developments, Fofana was ultimately not charged and convicted for sexual violence crimes. He received a sentence of 15 years’ imprisonment on 28 May 2003.
    Status
    2715
    Case number
    SCSL-04-14

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