Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 20 results.

  • Literature

    Schomburg, Wolfgang and Peterson, Ines - Genuine Consent to Sexual Violence...

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Coercion Lack of Consent Gacumbitsi Akayesu Elements of the Crime of Rape

    Reference link
    https://www.cambridge.org/core/journals/american-journal-of-international-law/article/genuine-consent-to-sexual-violence-under-international-criminal-law/D74FB865DA704502D663E57D4D20B3A9
    Full reference
    Schomburg, Wolfgang and Ines Peterson, "Genuine Consent to Sexual Violence under International Criminal Law", in American Journal of International Law, 2007, vol. 101, no.1, pp. 121-140.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Schomburg, Wolfgang and Peterson, Ines
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Viseur-Sellers, Patricia - The Prosecution of Sexual Violence in Conflict...

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia, East Timor, Cambodia, Sierra Leone
    Keywords
    Lack of Consent Coercion Elements of the Crime of Rape Gacumbitsi

    Reference link
    http://www.peacewomen.org/assets/file/Resources/Academic/paperprosecution_sexualviolence.pdf
    Full reference
    Viseur Sellers, Patricia, The Prosecution of Sexual Violence in Conflict: The Importance of Human Rights as Means of Interpretation, 2007.
    Type of literature
    Grey Literature
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Viseur-Sellers, Patricia
    Type of mechanism
    International Criminal Tribunal/Court, Hybrid court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court, Special Panels for Serious Crime Panels in East Timor (SPSC), Extraordinary Chambers of the Courts of Cambodia (ECCC), Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    ICTR - Sylvestre Gacumbitsi

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Lack of Consent Coercion

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-64
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Sylvestre Gacumbitsi
    Charges
    -Causing serious or bodily mental harm as genocide and rape as a crime against humanity under Article 6(1) (direct responsibility) (instigating) for the rapes of Witness TAQ and seven other Tutsi women and girls by attackers.
    Trial chamber verdict
    Gacumbitsi was found guilty by the Trial Chamber (on 17 June 2004) of:- Causing serious or bodily mental harm as genocide and rape as a crime against humanity
    sentencing
    Gacumbitsi was sentenced to life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber upheld the sexual violence convictions on 7 July 2006
    Status
    2715
    Case number
    ICTR-01-64

  • Jurisprudence judicial mechanism

    ICTY - Milomir Stakic (“Prijedor”)

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Rape Joint Criminal Enterprise (JCE) Detention Centers Forced to watch Rape Genocidal Intent Coercion

    Reference link
    http://www.icty.org/cases/party/782/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milomir Stakic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (co-perpetration), which included rapes and sexual assault.- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various camps (e.g. Omarska, Keraterm, Trnopolje) and detention facilities in the Prijedor municipality to rape and sexual assault or forcing them to witness such crimes.
    Trial chamber verdict
    Stakic was found guilty by the Trial Chamber on 31 July 2003 of:- Persecution as a crime against humanity Stakic was found not guilty by the Trial Chamber of:- Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide as it was not proved that Stakic had the specific genocidal intent.
    sentencing
    Stakic was sentenced to 40 years’ imprisonment on 22 March 2006.
    Appeals chamber verdict
    The Appeals Chamber confirmed the conviction, but changed the mode of liability from co-perpetration to JCE I.
    Status
    2715
    Case number
    IT-97-24

  • 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

    Kalosieh, Adrienne - Consent to Genocide?...

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Consent Ethnic Cleansing Coercion

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/worts24&div=15&id=&page=
    Full reference
    Kalosieh, Adrienne, "Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca", in 24 Women’s Rights Law Reporter, 2003, vol. 24, no. 121, pp. 121-135.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalosieh, Adrienne
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • 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

    ECCC - Khieu Samphan (“Nuon Chea et al.”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Acts of a Sexual Nature Coercion Consent Common Purpose Detention Centers Forced Marriage Severance of Charges Systematic Attack

    Reference link
    http://www.eccc.gov.kh/en/indicted-person/khieu-samphan
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Khieu Samphan
    Charges
    Khieu Samphan was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage and rape. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
    Trial chamber verdict
    However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity (under other inhumane acts), as decided per the Trial Chamber’s decision of 4 April 2014 (thus the charges were (geographically) expanded in the sense that forced marriage and rape were now charged nationwide, which was not the case before). Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. On 16 November 2018, the Trial Chamber of the court announced its judgment convicting former Khmer Rouge senior leaders Khieu Samphan and Nuon Chea and of genocide, crimes against humanity (including the specific crime of other inhumane acts through conduct characterised as forced marriage and rape in the context of forced marriage), and grave breaches of the Geneva Convention. In the judgment the Chamber found that “there existed a nationwide policy to regulate family-building and marriage, which was implemented by Party cadres at all administrative and military levels. The CPK designed this policy, replacing the role of parents in the selection of a suitable spouse, forcing couples to marry and forcing the production of children, for the purpose of increasing the country’s population within 10 to 15 years”.
    sentencing
    The Trial Chamber sentenced the accused, Khieu Samphan to life imprisonment. Taking into consideration the already imposed life sentence on Samphan in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

  • Jurisprudence judicial mechanism

    ECCC - Nuon Chea (“Nuon Chea et al.”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Acts of a Sexual Nature Coercion Consent Detention Centers Forced Marriage Common Purpose Severance of Charges Systematic Attack

    Reference link
    https://www.eccc.gov.kh/en/indicted-person/nuon-chea
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Nuon Chea
    Charges
    Nuon Chea was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage and rape. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
    Trial chamber verdict
    However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity (under other inhumane acts), as decided per the Trial Chamber’s decision of 4 April 2014 (thus the charges were (geographically) expanded in the sense that forced marriage and rape were now charged nationwide, which was not the case before). Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. On 16 November 2018, the Trial Chamber announced its judgment convicting former Khmer Rouge senior leaders Khieu Samphan and Nuon Chea and of genocide, crimes against humanity (including the specific crime of other inhumane acts through conduct characterised as forced marriage and rape in the context of forced marriage), and grave breaches of the Geneva Convention. In the judgment the Chamber found that “there existed a nationwide policy to regulate family-building and marriage, which was implemented by Party cadres at all administrative and military levels. The CPK designed this policy, replacing the role of parents in the selection of a suitable spouse, forcing couples to marry and forcing the production of children, for the purpose of increasing the country’s population within 10 to 15 years”.
    sentencing
    The Trial Chamber sentenced Nuon Chea to life imprisonment. Taking into consideration the already imposed life sentence on Nuon Chea in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

  • 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

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