Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 20 results.
  • Literature

    Amnesty International – We Will Destroy Everything

    Year
    2018
    Issues
    Definitions/Elements of Sexual Violence Crimes Victims of Sexual Violence
    Country
    Myanmar
    Keywords
    Rohingya Military Perpetrator Crimes Against Humanity Refugee Sexual Violence

    Reference link
    http://www.amnesty.org/download/Documents/ASA1686302018ENGLISH.PDF
    Full reference
    Amnesty International, We Will Destroy Everything-Military Responsibility for Crimes against Humanity in Rakhine State, Myanmar, Amnesty International, London, 2018.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence

  • Literature

    Bunting, Annie - Gender Politics and Geopolitics of International Criminal Law in Uganda

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    International Criminal Law International Criminal Court Crimes Against Humanity Transitional Justice Forced Marriage Gender Violence

    Reference link
    http://www.tandfonline.com/doi/full/10.1080/23269995.2018.1520010
    Full reference
    Annie Bunting, “Gender politics and geopolitics of international criminal law in Uganda”, in Global Discourse, 2018, vol. 8, no. 3, pp. 422-437.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Bunting, Annie

  • Literature

    Buss, Doris E. - Rethinking 'Rape as a Weapon of War'

    Year
    2009
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Feminist Approach Crimes Against Humanity Genocide

    Reference link
    https://link.springer.com/article/10.1007%2Fs10691-009-9118-5
    Full reference
    Buss, Doris E., "Rape as a Weapon of War", in Feminist Legal Studies, 2009, vol. 17, no. 2, pp. 145-163.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Buss, Doris E.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Askraba Dordislav

    Country
    Bosnia Herzegovina
    Keywords
    Rape Sexual Violence Enforced Disappearance Rape Camps Torture Rape as a Weapon of War War Crimes Crimes Against Humanity

    Reference link
    http://www.sudbih.gov.ba/predmet/2463/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Ratko Bundalo, Nedo Zeljaja, Dordislav Askraba
    Charges
    Ratko Bundalo and Nedo Zeljaja were charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:a) depriving another person of his life (murder),b) extermination,d) deportation or forcible transfer of population,e) imprisonment,f) torture,g) sexual violence, andk) other inhumane acts,in conjunction with Article 173 (1) (c), (e) and (f) of the CC BiH, all in conjunction with Article 180 (1) of the CC BiH.Dordislav Askraba is charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the CC BiH in conjunction with the following items:a) depriving another person of his life (murder),e) imprisonment,f) torture, andk) other inhumane actsin conjunction with Article 180 (1) of CC BiH.
    Trial chamber verdict
    On 21 December 2009, the Trial Panel reached the first-instance verdict finding the accused, Ratko Bundalo and Nedo Zeljaja guilty of crimes against humanity. The accused Ratko Bundalo was sentenced to 19 years of imprisonment, the accused Nedo Zeljaja was sentenced to 15 years of imprisonment, and the accused Dordislav Askraba was acquitted on all counts of the Indictment.
    sentencing
    The Trial Chamber sentenced Ratko Bundalo to 19 years of imprisonment and Nedo Zeljaja to 15 years of imprisonment. The Appeals Chamber found Dordislav Askraba guilty of war crimes and sentenced him to 7 years’ imprisonment.
    Appeals chamber verdict
    On 18 April 2012, the Panel of the Appellate pronounced the second instance verdict finding the accused Dordislav Askraba guilty of war crimes against civilians, committed in the manner described in the operative provision of the verdict, in violation of Article 142(1) of the Criminal Code of SFRY as adopted pursuant to the Law on Application of the Criminal Code of Bosnia and Herzegovina and the Criminal Code of the Socialist Federative Republic of Yugoslavia, in conjunction with Articles 22 and 24 of the same Code. The verdict sentenced the accused to imprisonment of 7 years.Following new appeals by the of Prosecutor's Office of Bosnia and Herzegovina and Defense Counsel for the Accused Dordislav Askraba, the Appeals Chamber upheld the second-instance verdict on 18 June 2013.
    Status
    2715
    Case number
    S1 1 K 005159 11 Kzz

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Milisavljevic Predrag et al.

    Country
    Bosnia Herzegovina
    Keywords
    Enforced Disappearance Rape Torture Military Perpetrator Crimes Against Humanity

    Reference link
    http://www.sudbih.gov.ba/predmet/3013/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Milisavljevic Predrag, Pantelic Milos, Tasic Ljubomir
    Charges
    Crimes Against Humanity pursuant to Article 172 CC BiH, in conjunction with Article 180(1) CC of BiH.
    Trial chamber verdict
    On 28 October 2018, the Trial Panel of the Section I for War Crimes of the Court of Bosnia and Herzegovina found Predrag Milisavljevic and Milos Pantelic guilty of crimes against humanity in violation of Article 172(1) (h) as read with (a) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The Accused were sentenced to imprisonment of 20 years each. Predrag Milisavljevic was furthermore acquitted of the charges of crimes against humanity in violation of Article 172(1)(h), as read with (f) and (g) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina, all in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina. Milos Pantelic was also acquitted of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (e), (f), (h) and (k) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The trial Chamber acquitted Predrag Milisavljevic, Milos Pantelic and Ljubomir Tasic of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (d) and (e) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina.
    sentencing
    The Trial Chamber sentenced Predrag Milisavljevic to 20 years imprisonment and acquitted Ljubomir Tasic of all charges. The Appeals Chamber sentenced Milos Pantelic to 15 years imprisonment.
    Appeals chamber verdict
    On 23 July 2015, the Appellate Division Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina sent out the second-instance verdict of 2 June 2015 in the case of Predrag Milisavljevic et al., which, in their entirety, refused the appeals filed by the Prosecutor's Office of Bosnia and Herzegovina and by defense counsel for the accused Predrag Milisavljevic. The appeal filed by defense counsel for the accused Milos Pantelic was however, partly granted. Milos Pantelic, concerning the criminal offense of crimes against humanity, was accordingly sentenced to 15 (fifteen) years of imprisonment. The remaining part of the first-instance verdict was upheld.
    Status
    2715
    Case number
    S1 1 K 011128 12 Krz

  • Literature

    Doherty, Teresa - Jurisprudential Developments Relating to Sexual Violence...

    Year
    2013
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Rape Crimes Against Humanity

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Doherty, Teresa, "Jurisprudential Developments Relating to Sexual Violence: The Legacy of the Special Court for Sierra Leone", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 157-172.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Doherty, Teresa
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    ECCC - Im Chaem

    Country
    Cambodia
    Keywords
    Crimes Against Humanity Forced Marriage Sexual Violence

    Reference link
    https://www.eccc.gov.kh/en/case/topic/case0401
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Im Chaem
    Charges
    Im Chaem was initially charged with crimes against humanity and violations of the 1956 Penal Code. Additional allegations were however submitted in five supplementary submissions filed which included allegations of Forced Marriage and Sexual Violence.
    Status
    2778
    Case number
    004/1

  • Literature

    Gong-Gershowitz, Jennifer - Forced Marriage: A “New” Crime Against Humanity?

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia, Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Crimes Against Humanity

    Reference link
    https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1093&context=njihr
    Full reference
    Gong-Gershowitz, Jennifer, "Forced Marriage: A 'New' Crime Against Humanity?", in Nw. J. Int’l Hum. Rts., 2009, vol. 8, no. 1, pp. 53-76.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Gong-Gershowitz, Jennifer
    Type of mechanism
    International Criminal Tribunal/Court, Truth Commission, Hybrid court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), The Sierra Leone Truth and Reconciliation Commission, Special Court for Sierra Leone (SCSL)

  • Literature

    Haenen, Iris - Force & Marriage. The Criminalisation of Forced Marriage...

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    United Kingdom, Sierra Leone, Cambodia, Netherlands
    Keywords
    Forced Marriage Genocide Rome Statute Domestic Law Crimes Against Humanity

    Reference link
    https://pure.uvt.nl/ws/portalfiles/portal/12533518/Haenen_Force_24_06_2014_emb_tot_25_06_2016_zonder_titpag.pdf
    Full reference
    Haenen, Iris, Force & Marriage. The Criminalisation of Forced Marriage in Dutch, English and International Criminal Law, Intersentia, Cambridge/Antwerp, 2014.
    Type of literature
    Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Haenen, Iris
    Type of mechanism
    International Criminal Tribunal/Court, Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL), Extraordinary Chambers of the Courts of Cambodia (ECCC), International Criminal Court

  • Jurisprudence judicial mechanism

    ICTR - Alfred Musema

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Akayesu Crimes Against Humanity Genocidal Rape Mutilation

    Reference link
    http://www.unictr.org/en/cases/ictr-96-13
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Alfred Musema
    Charges
    Causing serious bodily and mental harm as genocide under Article 6(1) (committing and aiding and abetting), including raping a young Tutsi woman named Nyiramusugi, and rape as a crime against humanity under Article 6(1) (committing) for raping Nyiramusugi.
    Trial chamber verdict
    Musema was convicted by the Trial Chamber (on 27 January 2000) for causing serious bodily and mental harm as genocide.
    sentencing
    The Appeals Chamber confirmed the sentence of life imprisonment.
    Appeals chamber verdict
    The convictions were reversed on appeal. The Appeals Chamber heard out-of-court statements of Witnesses CB and EB. It held that if these testimonies had been available at trial, there would have been a reasonable doubt as to the guilt of Musema with respect to the rape of Nyiramusugi. It thus found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity.
    Status
    2715
    Case number
    ICTR-96-13

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