Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 20 results.
-
Literature
Viseur-Sellers, Patricia - (Re) Considering Gender Jurisprudence
- Year
- 2018
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-17?rskey=WuLrl1&result=1
- Full reference
- Patricia Viseur Sellers, “(Re)Considering Gender Jurisprudence”, in Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca Haynes, and Nahla Valji (eds.), The Oxford Handbook of Gender and Conflict, Oxford University Press, 2018, pp. 211.224.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Viseur-Sellers, Patricia
-
Jurisprudence judicial mechanism
The Extraordinary African Chambers - Hissène Habré
- Country
- Senegal
- Keywords
- Rape Crimes Against Humanity Article 25 of the Rome Statute Political Leaders Chad
- Reference link
- https://www.hrw.org/sites/default/files/supporting_resources/arret_integral.pdf
- Type of mechanism
- Hybrid court
- Name of mechanism
- The Extraordinary African Chambers
- Name of accused
- Hissène Habré
- sentencing
- Habre was sentenced to life imprisonment on 27 April 2017.
-
Literature
Oosterveld, Valerie – Gender-Based Crimes against Humanity
- Year
- 2011
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
- Reference link
- http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1885721
- Full reference
- Valerie Oosterveld, “Gender-Based Crimes against Humanity”, in Leila N. Sadat (ed.), Forging a Convention for Crimes against Humanity, Cambridge University Press, 2011, pp. 78-101.
- Type of literature
- Chapter in Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Oosterveld, Valerie
-
Literature
Oosterveld, Valerie - Forced Marriage and the Special Court for Sierra Leone
- Year
- 2011
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Sierra Leone
- Keywords
- Forced Marriage Inhuman Treatment Enslavement Crimes Against Humanity International Criminal Law
- Reference link
- https://brill.com/abstract/journals/ihls/2/1/article-p127_4.xml
- Full reference
- Oosterveld, Valerie, "Forced Marriage and the Special Court for Sierra Leone: Legal Advances and Conceptual Difficulties", in International Humanitarian Legal Studies, 2011, vol. 2, no. 1, pp. 127-158.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Oosterveld, Valerie
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
-
Literature
Moshan, Brook S. - Women, War, and Words...
- Year
- 1998
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://pdfs.semanticscholar.org/b222/525366f03084fb524513e54a5194b6ea81f0.pdf
- Full reference
- Moshan, Brook Sari, "Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity", in Fordham International Law Journal, 1998, vol. 22, no.1, pp. 154-183.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Moshan, Brook S.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Jurisprudence judicial mechanism
Military Court of South Kivu, DRC - The Kavumu Trial
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Murder Rape Crimes Against Humanity Article 25 of the Rome Statute Acting with a Common Purpose Democratic Republic of Congo Armed Group
- Reference link
- https://trialinternational.org/wp-content/uploads/2017/12/Arr%C3%AAt-final_Kavumu_CM.pdf
- Type of mechanism
- Domestic court, Military Tribunal
- Name of mechanism
- The Military Court of South Kivu (Democratic Republic of Congo)
- Name of accused
- Frederic Rugimbanya Batumike and 19 others
- Charges
- 18 of the defendants were charged with rape as a crime against humanity, murder and organization of and participation in a militia.
- sentencing
- The court sentenced 11 of the defendants, including Batumike, to life imprisonment.
- Status
- 2715
- Case number
- RP0105/2017
-
Literature
Jain, Neha - Marriage as a Crime against Humanity...
- Year
- 2008
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Sierra Leone, Cambodia, Rwanda, Uganda
- Keywords
- Forced Marriage Inhuman Treatment Sexual Slavery Crimes Against Humanity Armed Conflict
- Reference link
- https://academic.oup.com/jicj/article-abstract/6/5/1013/835363?redirectedFrom=fulltext
- Full reference
- Jain, Neha, "Forced marriage as a Crime against Humanity: Problems of Definition and Prosecution", in J Int Criminal Justice, 2008, vol. 5, no. 5, pp. 1013-1032.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Jain, Neha
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
-
Jurisprudence judicial mechanism
ICTR - Ildephonse Nizeyimana
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Gang Rape Genocide Tutsi War Crimes
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-55c
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Ildephonse Nizeyimana
- Charges
- The charges concerned:Causing serious bodily or mental harm as genocide, rape as a crime against humanity and rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Articles 6(1) and 6(3) for: (i) ordering FAR soldiers, gendarmes and officers stationed at both Ngoma Camp and ESO to rape tutsi women and for the subsequent rapes (ordering); and for (ii) ordering or instigating soldiers from the FAR, ESO, Ngoma Camp, Butare Gendarmerie Camp and Interahamwe militia to rape Tutsi women at Butare Hospital, Butare University and at various locations in Butare prefecture, including the residence of Rosalie Gicanda, and for the subsequent rapes, including the multiple rapes and gang-rapes of MKA, ZBL, BUQ, BJW and DCO (ordering or instigating).
- Trial chamber verdict
- Although Nizeyimana was charged with sexual violence crimes, the Trial Chamber (on 19 June 2012) held that no factual allegations supporting Nizeyimana’s liability for these crimes had been proven. Therefore, the counts were dismissed.
- sentencing
- Nizeyimana was sentenced to 35 years’ imprisonment on 29 September 2014 (for other charges).
- Appeals chamber verdict
- The Prosecution partly appealed these findings on sexual violence. However, the Appeals Chamber found that the Prosecution had failed to show that the Trial Chamber erred in finding that the perpetrators of the rapes at Butare Hospital were not sufficiently identified as ESO soldiers and, therefore, that it could not hold Nizeyimana liable as a superior on this basis. For these reasons, the Appeals Chamber needed not to consider the Prosecution’s arguments on whether Nizeyimana failed to prevent or punish his subordinates for the rapes committed at Butare Hospital. Based on the foregoing, the Appeals Chamber dismissed the Prosecution’s ground of Appeal.
- Status
- 2715
- Case number
- ICTR-00-55C
-
Jurisprudence judicial mechanism
ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes
- Reference link
- Click here
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Casimir Bizimungu
- Charges
- Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
- Trial chamber verdict
- Mid-trial, in 2005, Bizimungu was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
- Appeals chamber verdict
- Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
-
Jurisprudence judicial mechanism
ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)
- Issues
- Modes of Liability
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes Rape as Crime Against Humanity
- Reference link
- Click here
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Aloys Ntabakuze
- Charges
- Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault 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: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
- Trial chamber verdict
- Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
- sentencing
- Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
- Appeals chamber verdict
- The acquittal for the sexual violence was not appealed by the Prosecution.
- Status
- 2715
- Case number
- ICTR-98-41
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