Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 31 results.
  • Literature

    Barrett, Richard P. and Little Laura E. - Lessons of the Yugoslav Rape Trials...

    Year
    2003
    Issues
    Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Command Responsibility Conspiracy Mass Rape International Criminal Law

    Reference link
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1301584
    Full reference
    Barrett, Richard P. and Laura E. Little, "Lessons of the Yugoslav Rape Trials: A Role for Conspiracy Law in International Tribunals", in Minnesota Law Review, 2003, vol. 88, pp. 30-85.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Barrett, Richard P. and Little, Laura E.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Bassiouni, M. Cherif and McCormick, Marci - Sexual Violence: An Invisible Weapon of War

    Year
    1996
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Ethnic Cleansing Command Responsibility Media Responsibility Bosnian Muslim Population

    Reference link
    http://mcherifbassiouni.com/wp-content/uploads/Sexual-Violence-an-Invisible-Weapon-of-War.pdf
    Full reference
    Bassiouni, M. Cherif and Marci McCormick, Sexual Violence: An Invisible Weapon of War in the former Yugoslavia, Occasional Paper No. 1, Chicago, IL: International Human Rights Institute, 1996.
    Type of literature
    Grey Literature
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Bassiouni, M. Cherif and McCormick, Marci
    Type of mechanism
    Hybrid court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Cohen, Dara K. et al. - Wartime Sexual Violence...

    Year
    2013
    Issues
    Socio-cultural Context of Sexual Violence Sexual Violence against Men

    Reference link
    https://www.usip.org/sites/default/files/resources/SR323.pdf
    Full reference
    Cohen, Dara Kay, Amelia Hoover Green and Elisabeth Jean Wood, Wartime Sexual Violence: Misconceptions, Implications, and Ways Forward, United States Institute of Peace, Special Report, 2013.
    Type of literature
    Grey Literature
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence, Perpetrators and Prevention
    Author
    Cohen, Dara K.; Hoover Green, Amelia and Wood, Elisabeth J.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Stojan Perkovic

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Forced Penetration Rape Sexual Threats Sexual Violence Command Responsibility Plea Agreement

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1168
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Stojan Perkovic
    Charges
    Perkovic was charged on 20 April 2009 (confirmation indictment) with persecution as a crime against humanity, including rape (Article 172(1)(h) read together with subparagraph (g) of the Criminal Code of BiH), under Article 180(1) and (2) (individual and command criminal responsibility) of the Criminal Code of BiH, for crimes, including rape, committed against non-Serb civilians in the region of Rogatica Municipality. It was established, as laid out in the indictment, that in the period from summer until late 1992, Perkovic visited the village of Varosiste on several occasions, and by use of force and threats, forced a female person to sexual intercourse. Perkovic came armed in late evening hours to the house in which the female person was staying and threatened that he would kill her close family member unless she did what he asked her to do, and he vigorously pushed her forcing her to lie on the bed after which he would remove her lower pieces of clothes and rape her.
    Trial chamber verdict
    On 24 December 2009, the Trial Panel, following the plea agreement, in which Perkovic pleaded guilty to persecution as a crime against humanity, including rape.
    sentencing
    Perkovic was sentenced to 12 years’ imprisonment.
    Status
    2715
    Case number
    X-KR-09/662

  • Literature

    D’Aoust, Marie-Alice - Sexual and Gender-based Violence in International Criminal Law: A Feminist Assessment of the Bemba Case

    Year
    2017
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    International Criminal Court Feminism Bemba Command Responsibility

    Reference link
    http://booksandjournals.brillonline.com/content/journals/10.1163/15718123-01701006
    Full reference
    Marie-Alice D’Aoust, “Sexual and Gender-based Violence in International Criminal Law: A Feminist Assessment of the Bemba Case”, in International Criminal Law Review, 2017, vol. 17, no.1, pp. 208-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    D’Aoust, Marie-Alice
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Jurisprudence judicial mechanism

    ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Aloys Ntabakuze
    Charges
    Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
    Trial chamber verdict
    Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Anatole Nsengiyumva
    Charges
    Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
    Trial chamber verdict
    Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Augustin Bizimungu (Ndindiliyimana et al. "Military II")

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Command Responsibility Sexual Violence as Genocide Rape as Crime Against Humanity

    Reference link
    http://www.unictr.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Augustin Bizimungu
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(3) (command responsibility) for rapes committed at ESI, in the woods in Kabgayi and at TRAFIPRO. - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rapes committed at Cyangugu Stadium. -Rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for the rapes at ESI and in the woods of Kabgayi and at TRAFIPRO and the Cyangugu Stadium.
    Trial chamber verdict
    Bizimungu was found guilty by the Trial Chamber on 17 May 2011 of: - Causing serious bodily or mental harm as genocide - Rape as a crime against humanity -Rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
    sentencing
    Bizimungu was sentenced to 30 years' imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 30 June 2014 reversed several sexual violence convictions charged under the above three crimes (those that had taken place in the prefecture office and the Episopal church of Rwanda in Butare and at Musambira commune office and dispensary in Gitarama – already taken out above) as it held that it could not have been reasonably established that Bizimungu knew or had reason to know of these crimes. Otherwise, the Appeals Chamber confirmed the conviction for the sexual violence charges.
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Casimir Bizimungu
    Charges
    Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
    Trial chamber verdict
    Mid-trial, in 2005, Bizimungu was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
    Appeals chamber verdict
    Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Francois-Xavier Nzuwonemeye (Ndindiliyimana et al. “Military II”)

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Humiliating and Degrading Treatment War Crimes Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-56
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Francois-Xavier Nzuwonemeye
    Charges
    Rape as a crime against humanity and rape, humiliating and degrading treatment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes committed by soldiers from the A squad of the Reconnaissance battalion, led by Sagahutu and under the command of Major Nzuwonemeye in the kiosks at the entrance of the hospital of Kigali during April, May and June 1994
    Trial chamber verdict
    Nzuwonemeye was found not guilty by the Trial Chamber (on 17 May 2011) for the sexual violence charges.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.The Appeals Chamber acquitted Nzuwonemeye on all counts on 11 February 2014.
    Status
    2715
    Case number
    ICTR-00-56

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