Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 22 results.
-
Literature
Adams, Alexandra - The First Rape Prosecution before the ICC...
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Coercion Consent Actus Reus Universality
- Reference link
- https://brill.com/abstract/journals/icla/15/6/article-p1098_4.xml
- Full reference
- Adams, Alexandra, "The First Rape Prosecution before the ICC: Are the Elements of Crimes Based on a Source of International Law?", 1in International Criminal Law Review, 2015, vol. 15, no. 6, pp. 1098-1121.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Adams, Alexandra
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Literature
Aijazi, Omer and Baines, Erin - Relationality, Culpability and Consent in Wartime: Men’s Experiences of Forced Marriage
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes Socio-cultural Context of Sexual Violence
- Country
- Uganda
- Keywords
- Forced Marriage Men Coercion Consent Culpability LRA (Lord’s Resistance Army) Uganda
- Reference link
- https://academic.oup.com/ijtj/article-abstract/11/3/463/4103679
- Full reference
- Omer Aijazi, Erin Baines, “Relationality, Culpability and Consent in Wartime: Men’s Experiences of Forced Marriage”, in International Journal of Transitional Justice, 2017, vol. 11, no. 3, pp. 463-483.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Aijazi, Omer and Baines, Erin
-
Literature
Auchter, Jessica- Forced Male Circumcision: Gender-based Violence in Kenya
- Year
- 2017
- Issues
- Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes Socio-cultural Context of Sexual Violence
- Country
- Kenya
- Keywords
- Men Consent Coercion Emasculation Forced Male Circumcision
- Reference link
- https://academic.oup.com/ia/article-abstract/93/6/1339/4161587?redirectedFrom=fulltext
- Full reference
- Jessica Auchter, “Forced Male Circumcision: Gender-based Violence in Kenya”, in International Affairs, 2017, vol. 93, no.6, pp. 1339-1356.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Auchter, Jessica
-
Literature
Boon, Kristen - Rape and Forced Pregnancy...
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/colhr32&div=20
- Full reference
- Boon, Kristen, "Rape and Forced Pregnancy under the ICC Statute: Human Dignity, Autonomy, and Consent," in Columbia Human Rights Law Review, 2001, vol. 32, no. 625, pp. 624-675.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Boon, Kristen
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Radmilo Vukovic
- Year
- 2008
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Bosnia Herzegovina
- Keywords
- Consent Credibility or Character of the Victim Unreliable Testimony Forced Impregnation
- Reference link
- http://www.sudbih.gov.ba/?opcija=predmeti&id=35&jezik=e
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Radmilo Vukovic
- Charges
- Vukovic was charged in the indictment of 12 October 2006 (confirmed on 13 October 2006) with war crimes against civilians, in particular with the crime of rape as a war crime (in violation of Article 173(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH)). Vukovic allegedly raped a woman on several occasions in the municipality of Foca in southeastern Bosnia and Herzegovina. The woman gave birth to a child after she was expelled from the area.
- Trial chamber verdict
- On 16 April 2007, the Trial Panel found Vukovic guilty of war crimes against civilians, including rape, and sentenced him to 5,5 years’ imprisonment.
- Appeals chamber verdict
- On 31 August 2007, the Appellate Panel upheld the appeals filed, revoked the first-instance verdict, and ordered a re-trial. On 13 August 2008, the Appeals Panel of the War Crimes section of the Court of Bosnia and Herzegovina found Vukovic not guilty of all charges, including the charge of rape as a war crime, because the main piece of evidence provided by the victim and presented before the Appellate Panel contained inconsistencies. Therefore, it could not be established beyond reasonable doubt that Vukovic raped the woman.
- Status
- 2715
- Case number
- X-KRZ-05/217
-
Literature
De Brouwer, Anne-Marie - Supranational Criminal Prosecution...
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Consent Coercion Actus Reus Akayesu
- Reference link
- https://intersentia.be/nl/supranational-criminal-prosecution-of-sexual-violence.html
- Full reference
- De Brouwer, Anne-Marie, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR, Intersentia, Antwerp/Cambridge, 2005, pp. 103-136.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- De Brouwer, Anne-Marie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
-
Jurisprudence judicial mechanism
East Timor - Egidio Manek et al.
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- East Timor
- Keywords
- Aiding and Abetting Definition of Rape Consent Accused at large
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1061/Manek-et-al/
- Type of mechanism
- District Court
- Name of mechanism
- Special Panels for Serious Crime Panels in East Timor (SPSC)
- Name of accused
- Egidio Manek et al.
- Charges
- Of the 14 indicted, four individuals were charged with rape as a crime against humanity (Section 5(1)(g) UNTAET Regulation 2000/15), namely Egidio Manek (Deputy Commander), Olivio Tatoo Bau (member of the Laksaur militia, Tilomar/Salele), Americo Bau (or Mali) (idem), and Gabriel Nahak (member of the Laksaur militia, Leogore, Suai Kota). All under Section 14 UNTAET Regulation 2000/15 (committing, ordering, soliciting or inducing, aiding, abetting or otherwise assisting). However, the indictment never led to any trial before a court in East Timor, owing to the continued absence of the accused from the country. Accused at large. There is no final decision in this case and the Special Panel was closed down in 2005.
- Status
- 2715
- Case number
- 09/CG/TDD/2003
-
Jurisprudence judicial mechanism
ECCC - Ieng Sary (“Nuon Chea et al.”)
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Cambodia
- Keywords
- Aiding and Abetting Coercion Common Purpose Consent Forced Marriage Death of Accused Ordering/Instigating Severance of Charges
- Reference link
- https://www.eccc.gov.kh/en/indicted-personpage/ieng-sary
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Ieng Sary
- Charges
- Ieng Sary was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
- Trial chamber verdict
- However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. The proceedings against Ieng Sary were, however, terminated on 14 March 2013, following his death the same day.
- Status
- 2715
- Case number
- Case 002
-
Jurisprudence judicial mechanism
ECCC - Ieng Thirith (“Nuon Chea et al.”)
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Female Perpetrators of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Cambodia
- Keywords
- Aiding and Abetting Coercion Common Purpose Consent Death of Accused Ordering/Instigating Severance of Charges
- Reference link
- https://www.eccc.gov.kh/en/indicted-personpage/ieng-thirith
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Ieng Thirith
- Charges
- Ieng Thirith was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29 (new) of the ECCC Law.
- Trial chamber verdict
- However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. However, Ieng Thirith was found unfit to stand trial, and the Trial Chamber stayed the proceedings against her. She was released from provisional detention on 16 September 2012. The Supreme Court Chamber subsequently imposed a regime of judicial supervision. Ieng Thirith died on 22 August 2015.
- Status
- 2715
- Case number
- Case 002
-
Jurisprudence judicial mechanism
ECCC - Khieu Samphan (“Nuon Chea et al.”)
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Cambodia
- Keywords
- Acts of a Sexual Nature Coercion Consent Common Purpose Detention Centers Forced Marriage Severance of Charges Systematic Attack
- Reference link
- http://www.eccc.gov.kh/en/indicted-person/khieu-samphan
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Khieu Samphan
- Charges
- Khieu Samphan was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage and rape. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
- Trial chamber verdict
- However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity (under other inhumane acts), as decided per the Trial Chamber’s decision of 4 April 2014 (thus the charges were (geographically) expanded in the sense that forced marriage and rape were now charged nationwide, which was not the case before). Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. On 16 November 2018, the Trial Chamber of the court announced its judgment convicting former Khmer Rouge senior leaders Khieu Samphan and Nuon Chea and of genocide, crimes against humanity (including the specific crime of other inhumane acts through conduct characterised as forced marriage and rape in the context of forced marriage), and grave breaches of the Geneva Convention. In the judgment the Chamber found that “there existed a nationwide policy to regulate family-building and marriage, which was implemented by Party cadres at all administrative and military levels. The CPK designed this policy, replacing the role of parents in the selection of a suitable spouse, forcing couples to marry and forcing the production of children, for the purpose of increasing the country’s population within 10 to 15 years”.
- sentencing
- The Trial Chamber sentenced the accused, Khieu Samphan to life imprisonment. Taking into consideration the already imposed life sentence on Samphan in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
- Status
- 2715
- Case number
- Case 002
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