Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 4 results.
-
Literature
Carpenter, R. Charli - Born of War: Protecting Children
- Year
- 2007
- Issues
- Sexual Violence against Children
- Reference link
- https://www.worldcat.org/title/born-of-war-protecting-children-of-sexual-violence-survivors-in-conflict-zones/oclc/84903228
- Full reference
- Carpenter, R. Charli (ed.), Born of War: Protecting Children of Sexual Violence Survivors in Conflict Zones, Kumarian Press, 2007.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Carpenter, R. Charli
-
Literature
Cohen, Dara K. and Nordas, Ragnhild - Do States Delegate Shameful Violence to Militias?
- Year
- 2015
- Issues
- Socio-cultural Context of Sexual Violence
- Reference link
- https://projects.iq.harvard.edu/files/wcfia/files/Cohen_StatesDelegate.pdf
- Full reference
- Cohen, Dara Kay and Ragnhild Nordås, "Do States Delegate Shameful Violence to Militias? Patterns of Sexual Violence in Recent Armed Conflicts", in Journal of Conflict Resolution, 2015, vol. 59, no. 5, pp. 1-22.
- Type of literature
- Journal Article
- Research focus
- Perpetrators and Prevention
- Author
- Cohen, Dara K. and Nordas, Ragnhild
-
Jurisprudence judicial mechanism
ICC - Bosco Ntaganda
- Issues
- Definitions/Elements of Sexual Violence Crimes Sexual Violence against Children Sexual Violence against Men
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Child Soldiers Children in Armed Conflict Coercion Active Participation in Hostilities Right of Ownership
- Reference link
- https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200206/Pages/icc%200104%200206.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Bosco Ntaganda
- Charges
- Initially Ntaganda did not face charges of sexual violence and was only charged with his alleged responsibility for the war crimes of conscripting, enlisting children under the age of fifteen and using them to participate actively in hostilities, despite widespread documentation of sexual violence committed by the UPC by several international, national and local NGOs as well as UN agencies. In the Prosecution’s second warrant of arrest of 14 May 2012, which was issued by Pre-Trial Chamber II on 13 July 2012, additional charges against Ntaganda were added and included sexual violence.Ntaganda surrendered to the ICC’s custody voluntary on 22 March 2013. On 9 June 2014, Pre-Trial Chamber II unanimously confirmed charges against Ntaganda allegedly committed in 2002-2003 in the Ituri Province of the DRC, including: - Rape as a war crime (Article 8(2)(e)(vi) of the Statute); - Sexual slavery of civilians as war crimes (Article 8(2)(e)(vi) of the Statute); - Rape and sexual slavery of child soldiers as war crimes (Article 8(2)(e)(vi) of the Statute); - Rape as a crime against humanity; - Sexual slavery as a crime against humanity (see paras. 49-52; 53-57; 76-82). Ntaganda bears individual criminal responsibility pursuant to different modes of liability, namely: direct perpetration, indirect co-perpetration (article 25(3)(a) of the Statute); ordering, inducing (article 25(3)(b) of the Statute); any other contribution to the commission or attempted commission of crimes (article 25(3)(d) of the Statute); or as a military commander for crimes committed by his subordinates (article 28(a) of the Statute).
- Trial chamber verdict
- Second decision on the Defence’s challenge to the jurisdiction of the Court in respect of Counts 6 and 9, Trial Chamber VI, ICC-01/04-02/06-1707:On 1 September 2015, the Defence filed an application before the Trial Chamber of the International Criminal Court challenging the jurisdiction of the Court in respect of Counts 6, on rape of child soldiers as a war crime and count 9, regarding sexual slavery of child soldiers as a war crime. The core issue was whether rape and sexual slavery under Article 8(2) (b) (xxii) and (e)(vi) of the Rome Statute are limited to acts constituting grave breaches of the Geneva Conventions of 1949 or serious violations of Common Article 3 of the Geneva Conventions.Judges of Trial Chamber II stated on 4 January 2017 that while most of the express prohibitions of rape and sexual slavery under international humanitarian law appear in contexts protecting civilians and persons hors de combat [outside the fight] in conflict, those explicit protections do not exhaustively define or limit the scope of the protection against such conduct. Limiting the scope of protection in the manner proposed by the defense “was contrary to the rationale of international humanitarian law, which aims to mitigate the suffering resulting from armed conflict.”
- Appeals chamber verdict
- Judgment on the appeal of Mr Ntaganda against the "Second decision on the Defence’s challenge to the jurisdiction of the Court in respect of Counts 6 and 9”, Appeals Chamber, ICC-01/04-02/06-1962:The Appeals Chamber affirmed that the ICC has jurisdiction over cases in which soldiers of an armed group commit war crimes against members of the same group. The Appeals Chamber considered that “international humanitarian law not only governs actions of parties to the conflict in relation to each other, but also concerns itself with protecting vulnerable persons during armed conflict and assuring fundamental guarantees to persons not taking active part in the hostilities.” Appeals judges noted that Article 8(2)(b)(xxii) and (2)(e)(vi) of the Rome Statute does not expressly provide that the victims of rape or sexual slavery must be “protected persons” in terms of the Geneva Conventions or “persons taking no active part in the hostilities.” That meant that members of an armed group are not categorically excluded from protection against the war crimes of rape and sexual slavery when committed by members of the same armed group.
- Status
- 2778
- Case number
- ICC-01/04-02/06
-
Jurisprudence judicial mechanism
USA Court of Appeals for the Sixth Circuit - Steven D. Green (“Al-Mahmudiyah massacre”)
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- United States of America
- Keywords
- Rape War Crimes Child Sex Abuse/Molestation Children under 15 Children in Armed Conflict Civilian Gang Rape
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1197
- Type of mechanism
- Domestic court
- Name of mechanism
- USA Court of Appeals for the Sixth Circuit
- Name of accused
- Steven D. Green
- Charges
- Green was charged with several crimes of murder and aggravated sexual abuse (of a child) under the Military Extraterritorial Jurisdiction Act (MEJA).
- Trial chamber verdict
- On 7 May 2009, the jury found him guilty of rape and murder.
- sentencing
- Green received a life sentence without parole on 4 September 2009. he persuambly committed suicide and was found dead in his prison on 18 February 2014. [Of the four other soldiers involved in the crimes, three pleaded guilty in court-martial proceedings: Spc. James P. Barker and Sgt. Paul E. Cortez were sentenced to 90 and 100 years respectively, while Pfc. Bryan L. Howard, who had prior knowledge of the plans, was sentenced to 27 months in jail. The fourth, Pfc. Jesse V. Spielman, was convicted by a military jury and sentenced to 110 years.]
- Appeals chamber verdict
- The US Court of Appeals upheld his conviction on 16 August 2011.
- Status
- 2715
- Case number
- 09-6108/6123
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