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

  • Jurisprudence judicial mechanism

    SCSL - Issa Hassan Sesay (Sesay et al. "RUF")

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Forced Marriage Consent Terrorism AFRC Joint Criminal Enterprise (JCE) RUF

    Reference link
    http://www.rscsl.org/RUF.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Issa Hassan Sesay
    Charges
    - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- 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) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism 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) (JCE) for sexual violence crimes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.
    Trial chamber verdict
    Sesay was found guilty by the Trial Chamber on 2 March 2009 of: - Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - 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
    sentencing
    Sesay was sentenced to 52 years’ imprisonment on 26 October 2009.
    Appeals chamber verdict
    The convictions concerning sexual violence were upheld by the Appeals Chamber on 26 October 2009.
    Status
    2715
    Case number
    SCSL-04-15

  • Jurisprudence judicial mechanism

    SCSL - Morris Kallon (Sesay et al. "RUF")

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Forced Marriage Consent AFRC RUF Joint Criminal Enterprise (JCE) Lack of Consent

    Reference link
    http://www.rscsl.org/RUF.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Morris Kallon
    Charges
    - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery and forced marriages committed in Kissi Town in Kono District.- 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) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery and forced marriages committed in Kissi Town in Kono District.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery committed in Kissi Town in Kono District.
    Trial chamber verdict
    Kallon was found guilty by the Trial Chamber on 2 March 2009 of: - Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - 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 war crimes
    sentencing
    Kallon was sentenced to 40 years’ imprisonment.
    Appeals chamber verdict
    The convictions concerning sexual violence were upheld by the Appeals Chamber on 26 October 2009.
    Status
    2715
    Case number
    SCSL-04-15

  • Literature

    O'Byrne, Katie - Beyond Consent: Conceptualising Sexual Assault...

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Consent Coercion

    Reference link
    https://brill.com/abstract/journals/icla/11/3/article-p495_12.xml
    Full reference
    O’Byrne, Katie, "Beyond Consent: Conceptualising Sexual Assault in International Criminal Law", in International Criminal Law Review, 2011, vol. 11, no. 3, pp. 495-514.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    O’Byrne, Katie
    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

    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

    ICTY - Nebojsa Pavkovic (“Sainovic et al.; previously Milutinovic et al.”)

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Persecution on Sexual Grounds Joint Criminal Enterprise (JCE) Superior Responsibility Physical Integrity Consent Foreseeable Consequence Common Objective of JCE Kosovo Albanian Civilians Kunarac

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nebojsa Pavkovic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) for sexual assaults committed in Decani/Deçan and in Cirez/Qirez in the municipality of Srbica/Skenderaj by the VJ and MUP forces executing his orders. - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians.
    Trial chamber verdict
    Pavkovic was found guilty by the Trial Chamber on 26 February 2009 of: - Persecution as a crime against humanity Pavkovic was found not guilty by the Trial Chamber of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity
    sentencing
    Pavkovic was sentenced by the Appeals Chamber to 22 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Pavkovic not guilty for committing through his participation in a JCE III persecution, through sexual assaults, as a crime against humanity in Priština/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • 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

  • 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

  • Literature

    Lutz-Priefert, Megan - A Call for a More Permanent International...

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia, United States of America, Denmark
    Keywords
    Consent International Convention Prosecution Stare Decisis

    Reference link
    https://dspace2.creighton.edu/xmlui/bitstream/handle/10504/68995/Vol6No1(LutzPriefert).pdf?sequence=1
    Full reference
    Lutz-Priefert, Megan, "A Call for a More Permanent International Definition of Rape", in Crieghton International and Comparative Law Journal, 2015, vol. 6, pp. 85-101.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Lutz-Priefert, Megan
    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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