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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