Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 31 results.

  • Literature

    Viseur-Sellers, Patricia and Okuizumi, Kaoru - Intentional Prosecution of Sexual Assault

    Year
    1997
    Issues
    Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Prosecution Evidence Humanitarian Law Command Responsibility

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/tlcp7&div=10&id=&page=
    Full reference
    Viseur-Sellers, Patricia and K. Okuizumi, "Intentional Prosecution of Sexual Assault", in Transnational Law and Contemporary Problems, 1997, vol. 7, pp.45-80.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Viseur-Sellers, Patricia and Okuizumi, Kaoru
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court

  • Jurisprudence judicial mechanism

    US Military Commission at Yokohama - General Soemu Toyoda

    Year
    1949
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Japan
    Keywords
    Acquittal Command Responsibility

    Reference link
    http://archiveswest.orbiscascade.org/ark:/80444/xv58850
    Type of mechanism
    Military Commission
    Name of mechanism
    US Military Commission in Tokyo
    Name of accused
    General Soemu Toyoda
    Charges
    Toyoda was charged with several war crimes, including rape, under command responsibility.
    Trial chamber verdict
    Toyoda was found not guilty and acquitted on 6 September 1949.
    Status
    2715

  • Literature

    Nordås, Ragnhild - Preventing Conflict-related Sexual Violence

    Year
    2013
    Issues
    Modes of Liability Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    https://www.prio.org/utility/DownloadFile.ashx?id=147&type=publicationfile
    Full reference
    Nordas, Ragnhild, Preventing Conflict-related Sexual Violence, PRIO Policy Brief, 02, 2013.
    Type of literature
    Grey Literature
    Research focus
    Perpetrators and Prevention
    Author
    Nordas, Ragnhild

  • Jurisprudence judicial mechanism

    Military Court in Kinshasa - Jerome Kakwavu

    Year
    2014
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Command Responsibility

    Reference link
    https://trialinternational.org/latest-post/jerome-kakwavu/
    Type of mechanism
    Military Tribunal
    Name of mechanism
    Military Court in Kinshasa
    Name of accused
    Jerome Kakwavu
    Charges
    Kakwavu was charged with war crimes, including rape, committed between 2003 and 2004, when Kakwavu led the Armed Forces of the Congolese People (FAPC), one of many militias fighting in the northeastern Ituri region from 1999 to 2007 over the division of natural resources.
    Trial chamber verdict
    On 7 November 2014, a Congolese military court found Kakwavu guilty for war crimes, including committing rape, namely the repeated rapes of two women.
    sentencing
    Kakwavu was sentenced to 10 years’ imprisonment.
    Status
    2715

  • Literature

    Lupig, Diane - Investigation and Prosecution of Sexual...

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Uganda
    Keywords
    Lord’s Resistance Army (LRA) Accountability Command Responsibility Gender-Based Crimes Investigation

    Reference link
    https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1030&context=jgspl
    Full reference
    Lupig, Diane, "Investigation and Prosecution of Sexual and Gender-Based Crimes before the International Criminal Court", in American University Journal of Gender, Social Policy & the Law, 2009, vol. 17, no. 2, pp. 431-496.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Lupig, Diane
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Literature

    Kortfält, Linnea - Sexual Violence and the Relevance of the Doctrine of Superior Responsibility

    Year
    2015
    Issues
    Modes of Liability

    Reference link
    http://www.jurinst.su.se/polopoly_fs/1.234402.1430219857!/menu/standard/file/Linnea_Korrtfalt_sexual_violence_Katanga.pdf
    Full reference
    Kortfält, Linnea, "Sexual Violence and the Relevance of the Doctrine of Superior Responsibility in the Light of the Katanga Judgment at the International Criminal Court", in Nordic Journal of International Law, 2015, vol. 84, no. 4, pp. 533-579.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kortfält, Linnea
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Jurisprudence judicial mechanism

    ICTY - Zejnil Delalic (Mucic et al. "Celebici Camp")

    Year
    2001
    Issues
    Modes of Liability Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Command Responsibility Prior Sexual Conduct Akayesu

    Reference link
    http://www.icty.org/cases/party/676/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Zejnil Delalic
    Charges
    Delalic was charged with sexual violence as war crimes under Article 7(3) (command responsibility) – see the case of Zdravko Mucic for the crimes he was charged with as well (and even more).
    Trial chamber verdict
    Delalic was acquitted by the Trial Chamber of all charges on 16 November 1998, thus the sexual violence charges included, because it was not established that he had superior responsibility over Celebici prison-camp, its commander, deputy commander or guards.
    Appeals chamber verdict
    Delalic’s acquittal on all charges was affirmed by the Appeals Chamber on 20 February 2001.
    Status
    2715
    Case number
    IT-96-21

  • Jurisprudence judicial mechanism

    ICTY - Tihomir Blaskic

    Year
    2004
    Issues
    Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Acquittal Command Responsibility Effective Control Cumulative Conviction

    Reference link
    http://www.icty.org/cases/party/667/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Tihomir Blaskic
    Charges
    Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility), which included rapes of Bosnian Muslims detained by the HVO in Rotilj village (Kiseljak municipality) and in Dubravica primary school (Vitez municipality) and committed by the HVO soldiers and Military Police.
    Trial chamber verdict
    Blaskic was found guilty by the Trial Chamber on 3 March 2000 for the sexual violence charges.
    sentencing
    Blaskic was sentenced to 9 years’ imprisonment on 29 July 2004 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber on 29 July 2004 dismissed both convictions as the cruel treatment as a violation of the laws or customs of war as a war crime conviction was considered to be an impermissible cumulative conviction, while the inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime could not be sustained since Blaskic was held not have exercised effective control over his subordinates responsible for the rapes.
    Status
    2715
    Case number
    IT-95-14

  • Jurisprudence judicial mechanism

    ICTY - Dusko Sikirica (Sikirica et al. "Keraterm Camp")

    Year
    2001
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Camp Rape/Sexual Violence in Detention Aiding and Abetting Instigating Command Responsibility

    Reference link
    http://www.icty.org/cases/party/775/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dusko Sikirica
    Charges
    - Persecution as a crime against humanity under Article 7(3) (command responsibility) for sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs detained at the Keraterm camp.- Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as war crimes under Articles 7(1) (instigating, committing or aiding and abetting) and 7(3) (command responsibility) for sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs detained at the Keraterm camp.- Causing serious bodily or mental harm as genocide and complicity in genocide under Articles 7(1) and 7(3) for subjecting Bosnian Muslim and Bosnian Croat detainees at Keraterm camp to rapes and sexual assault.
    Trial chamber verdict
    Sikirica entered a guilty plea on 19 September 2001 and was found guilty by the Trial Chamber of: - Persecution as a crime against humanity As Sikirica entered a guilty plea to persecution as a crime against humanity only, the other sexual violence charges were withdrawn. Sikirica was therefore found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as war crimes - Causing serious bodily or mental harm as genocide and complicity in genocide
    sentencing
    Sikirica was sentenced to 15 years’ imprisonment by the Trial Chamber on 13 November 2001.
    Status
    2715
    Case number
    IT-95-8

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Renzaho

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Deficit in Pleading Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-97-31
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Renzaho
    Charges
    Genocide, rape as a crime against humanity and 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 his failure to prevent the rapes of Witnesses AWO, AWN and Witness AWN’s sister.
    Trial chamber verdict
    Renzaho was found guilty by the Trial Chamber (on 14 July 2009) for the sexual violence crimes.
    sentencing
    Renzaho received a sentence of life imprisonment on 1 April 2011 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber reversed the above convictions (on 1 April 2011), because it found that Renzaho’s reason to know of the rapes of Witness AWO, Witness AWN and Witness AWN’s sister was not pleaded in the indictment nor communicated by the Prosecution in a manner sufficient to give notice to Renzaho and that he was materially prejudiced by this defect.
    Status
    2715
    Case number
    ICTR-97-31

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).