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

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