Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 31 results.
-
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
-
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
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
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
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.
-
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
ICTR - Idelphonse Hategekimana
- Year
- 2012
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Genocidal Rape Tutsi Acquittal Command Responsibility Genocidal Intent
- Reference link
- http://www.unictr.org/en/cases/ictr-00-55b
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Idelphonse Hategekimana
- Charges
- - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rape of Nura Sezirahiga by a soldier from Ngoma Military Camp, during an attack led by Hategekimana.- Causing serious bodily or mental harm as genocide under Article 6(1) (JCE) for the sexual violence.
- Trial chamber verdict
- Hategekimana was found guilty by the Trial Chamber on 6 December 2010 of: - Rape as a crime against humanity Hategekimana was found not guilty by the Trial Chamber of: - Causing serious bodily or mental harm as genocide as the Trial Chamber found that the evidence did not establish that Nura Sezirahiga was a Tutsi or that she was raped with genocidal intent.
- sentencing
- Hategekimana was sentenced to life imprisonment.
- Appeals chamber verdict
- Hategekimana’s acquittal for genocide was not appealed by the prosecution. The Appeals Chamber on 8 May 2012 confirmed the conviction for sexual violence by the Trial Chamber.
- Status
- 2715
- Case number
- ICTR-00-55B
-
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
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
-
Jurisprudence judicial mechanism
ICTR - Gratien Kabiligi (Bagasora et al. "Military I")
- Year
- 2008
- Issues
- Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Persecution on Sexual Grounds Tutsi Military
- Reference link
- http://unictr.irmct.org/en/cases/ictr-98-41
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Gratien Kabiligi
- Charges
- Kabiligi 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; and (ii) the sexual assault of Prime Minister Agathe Uwilingiyimana.
- Trial chamber verdict
- Kabiligi was acquitted by the Trial Chamber on 18 December 2008 on all counts, thus including the sexual violence charges. The Trial Chamber did not find that he was directly involved in any of the specific criminal events alleged. In addition, the evidence did not show that his subordinates committed crimes when Kabiligi exercised effective control over them.
- Appeals chamber verdict
- The Prosecution did not appeal these sexual violence acquittals.
- Status
- 2715
- Case number
- ICTR-98-41
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