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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