Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 22 results.
  • 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

  • Jurisprudence judicial mechanism

    ECCC - Nuon Chea (“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 Detention Centers Forced Marriage Common Purpose Severance of Charges Systematic Attack

    Reference link
    https://www.eccc.gov.kh/en/indicted-person/nuon-chea
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Nuon Chea
    Charges
    Nuon Chea 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 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 Nuon Chea to life imprisonment. Taking into consideration the already imposed life sentence on Nuon Chea in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

  • 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

    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

  • 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)

  • 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

  • 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)

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