Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 22 results.

  • 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

  • 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

  • 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

  • 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

    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)

  • 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

    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

    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

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).