Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 22 results.

  • 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

  • Jurisprudence judicial mechanism

    SCSL - Alex Tamba Brima (Brima et al. "AFRC")

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Sierra Leone
    Keywords
    Forced Marriage Sexual Slavery Consent AFRC Duplicity of Charges Consent-Children Jus Cogens

    Reference link
    http://www.rscsl.org/AFRC.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Alex Tamba Brima
    Charges
    - Rape as a crime against humanity under Article 6(3) (command responsibility) - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) (planning the commission) for the crimes of rapes and sexual slavery committed in Bombali District and the Western Area. - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment 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 rapes and sexual slavery in Bombali District and the Western Area. - Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
    Trial chamber verdict
    Brima was found guilty by the Trial Chamber on 20 June 2007 of:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Brima was found not guilty by the Trial Chamber of:- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
    sentencing
    Brima was sentenced to 50 years’ imprisonment on 22 February 2008.
    Appeals chamber verdict
    The Appeals Chamber confirmed on 22 February 2008 the sexual violence convictions entered by the Trial Chamber.
    Status
    2715
    Case number
    SCSL-04-16

  • Literature

    MacKinnon, Catherine A. - Defining Rape Internationally...

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Murder Consent Penetration Invasion

    Reference link
    https://www.researchgate.net/publication/294239355_Defining_rape_internationally_A_comment_on_Akayesu
    Full reference
    MacKinnon, Catherine A., "Defining Rape Internationally: A Comment on Akayesu", Columbia Journal of Transnational Law, 2006, vol. 44, no. 3, pp. 940-958.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    MacKinnon, Catherine A.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • 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

  • Literature

    Kalosieh, Adrienne - Consent to Genocide?...

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Consent Ethnic Cleansing Coercion

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/worts24&div=15&id=&page=
    Full reference
    Kalosieh, Adrienne, "Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca", in 24 Women’s Rights Law Reporter, 2003, vol. 24, no. 121, pp. 121-135.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalosieh, Adrienne
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    ICTY - Radomir Kovac (Kunarac et al. "Foca")

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Penetration Consent Sexual Slavery Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/712/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radomir Kovac
    Charges
    - Enslavement as a crime against humanity, rape as a crime against humanity, rape as a violation of the laws or customs of war as a war crime and outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) (committing and aiding and abetting) for: (i) detaining FWS-75 and the 12-year-old girl A.B. in his apartment for about a week and FWS-87 and A.S. for about four months and for treating them as his property; (ii) raping FWS-75, FWS-87 and A.B. and for aiding and abetting the rapes of these women and of A.S. by allowing other soldiers to visit or stay in his apartment and to rape them or by encouraging the soldiers to do so, and by handing the girls over to other men with the knowledge that they would rape them: (iii) forcing FWS-87, A.S. and A.B. to strip and dance naked on a table while watching them; and (iv) selling A.B. for 200 Deutschmarks, FWS-87 and A.S. for 500 Deutschmarks each and for handing over FWS-75 to other men.
    Trial chamber verdict
    Kovac was found guilty by the Trial Chamber on 22 February 2001 of: - Enslavement as a crime against humanity - Rape as a crime against humanity - Rape as a violation of the laws or customs of war as a war crime - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Kovac was given a sentence of 20 years’ imprisonment on 12 June 2002.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 12 June 2002.
    Status
    2715
    Case number
    IT-96-23 and IT-96-23/1

  • Jurisprudence judicial mechanism

    ICTY - Zoran Vukovic (Kunarac et al. "Foca")

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Consent Penetration Sexual Slavery Sexual Assault/Attack/Abuse Vagina

    Reference link
    http://www.icty.org/cases/party/712/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Zoran Vukovic
    Charges
    - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for taking FWS-50, a 15-year-old girl, from Partizan Sport Hall to an apartment and raping her.
    Trial chamber verdict
    Vukovic was found guilty by the Trial Chamber on 22 February 2001 of: - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for taking FWS-50, a 15-year-old girl, from Partizan Sport Hall to an apartment and raping her. Vukovic was found not guilty by the Trial Chamber of: - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for raping FWS-75 and FWS-87 in a classroom in the Foca High School.
    sentencing
    Vukovic was given a sentence of 12 years' imprisonment on 12 June 2002.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 12 June 2002.
    Status
    2715
    Findings
    Case number
    IT-96-23 and IT-96-23/1

  • Jurisprudence judicial mechanism

    SPSC in East Timor - Francisco Soaeres

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Consent Threat of Rape Sexual Intercourse Physical Invasion Militia Rome Statute

    Reference link
    http://www.worldcourts.com/un_etta/eng/decisions/2002.09.12_Prosecutor_v_Soares.pdf
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Francisco Soaeres
    Charges
    Soaeres was indicted on 15 May 2001 for one count of rape, but rape as a domestic offence on the basis of section 9 of UNTAET Regulation 2000/15 (‘For the purposes of the present regulation, the provisions of the applicable Penal Code in East Timor shall, as appropriate, apply’) and Article 285 of the Indonesian Penal Code (‘Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, be punished by a maximum imprisonment of twelve years’). Soaeres was held to have travelled, on the morning of 12 September 1999, to the 744 Battalion Base and took victim X with him in order to transport her to Dili. Instead of going there he took X to Useleo Beach, where he proceeded to have sexual intercourse with X twice and then returned her to the Base. The Defense raised the issue of consent, which the victim denied.
    Trial chamber verdict
    On 12 September 2002, the Special Panel for Serious Crimes convicted Soaeres of rape.
    sentencing
    On 12 September 2002, the Special Panel for Serious Crimes sentenced him to 4 years’ imprisonment.
    Status
    2715
    Case number
    14/2001

  • 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

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