Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 24 of 24 results.

  • Jurisprudence judicial mechanism

    ECCC - Khieu Samphan (“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 Common Purpose Detention Centers Forced Marriage Severance of Charges Systematic Attack

    Reference link
    http://www.eccc.gov.kh/en/indicted-person/khieu-samphan
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Khieu Samphan
    Charges
    Khieu Samphan 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 of the court 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 the accused, Khieu Samphan to life imprisonment. Taking into consideration the already imposed life sentence on Samphan 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

    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 - Goran Hadzic

    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Detention Centers Ill-health Ordering/Instigating Psychological Impact

    Reference link
    http://www.icty.org/cases/party/694/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Goran Hadzic
    Charges
    Hadzic is charged with sexual violence crimes in the indictment (of 22 July 2001) and includes persecution as a crime against humanity, torture as a crime against humanity, inhumane acts as crimes against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Articles 7(1) (committing in concert with others, planning, instigating, ordering, and/or aiding and abetting) and 7(3) (command responsibility) for imposing on Croat and other non-Serb civilian detainees living conditions in various detention facilities in the SAO SBWS characterized by, inter alia, inhumane treatment and constant physical and psychological assault, including sexual assault.
    Status
    2715
    Case number
    IT-04-75

  • Jurisprudence non-judicial mechanisms

    International Commission of Inquiry on Syrian Arab Republic

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Syrian Arab Republic
    Keywords
    Forced Oral Sex Detention Centers Cigarette Burns Electroshock ISIS

    Reference link
    www.ohchr.org/EN/HRBodies/HRC/IICISyria/Pages/IndependentInternationalCommission.aspx
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Syrian Arab Republic
    Status
    2778
    Findings
    In its first report on 23 November 2011, the COI held that “several methods of torture, including sexual torture, were used by the military and the security forces in detention facilities across the country. Torture victims had scars and bore other visible marks. Detainees were also subjected to psychological torture, including sexual threats against them and their families and by being forced to worship President Al Assad instead of their god.” And: “several testimonies reported the practice of sexual torture used on male detainees. Men were routinely made to undress and remain naked. Several former detainees testified reported beatings of genitals, forced oral sex, electroshocks and cigarette burns to the anus in detention facilities. Several of the detainees were repeatedly threatened that they would be raped in front of their family and that their wives and daughters would also be raped. Testimonies were received from several men who stated they had been anally raped with batons and that they had witnessed the rape of boys. One man stated that he witnessed a 15-year-old boy being raped in front of his father. One 20-year-old university student told the commission that he was subjected to sexual violence in detention, adding that “if my father had been present and seen me, I would have had to commit suicide”. Another man confided while crying, “I don’t feel like a man any more”. Several women testified that they were threatened and insulted during house raids by the military and security forces. Women felt dishonored by the removal of their head scarves and the handling of their underwear during raids of their homes, which often occurred at night. Defectors from the military and the security forces indicated that they had been present in places of detention where women were sexually assaulted; the commission, however, received limited evidence to that effect. This may be due in part to the stigma that victims would endure if they came forward.” “Numerous testimonies indicated that boys were subjected to sexual torture in places of detention in front of adult men.” On the basis of the information and evidence collected, the commission has reached conclusions with regard to a number of serious violations of international human rights law. The major conclusions are summarized below. As for the sexual violence, the COI held: “Information received demonstrates patterns of continuous and widespread use of torture across the Syrian Arab Republic where protests have taken place. The pervasive nature, recurrence and reported readiness of Syrian authorities to use torture as a tool to instill fear indicate that State officials have condoned its practice. Information from military and security forces defectors indicates that they received orders to torture. The commission is particularly disturbed over the extensive reports of sexual violence, principally against men and boys, in places of detention. The commission concludes that the extensive practices of torture indicate a State sanctioned policy of repression, which manifestly violates the State’s obligations under article 7 of the International Covenant on Civil and Political Rights, the Convention against Torture, and article 37 of the Convention on the Rights of the Child. In addition, rape or other forms of sexual violence as crimes against humanity was also found to have occurred. In a preliminary report of 26 June 2012 again many instances of sexual violence are included. The COI held: “The CoI recognises the difficulties in collecting evidence in cases of sexual violence in the Syrian Arab Republic due to cultural, social and religious beliefs related to marriage and sexuality. This includes a victim’s understandable reluctance to disclose information due to the trauma, shame and stigma linked to sexual assault. Regarding one incident, the CoI was informed that the rape victim had subsequently been killed by her brother-in-law to “preserve the honor of the family”. The silence surrounding rape and other forms of sexual violence appears to have existed prior to the conflict as well. Nevertheless, interviews collected by the CoI indicate that crimes of sexual violence - against men, women and children - have continued to take place in the Syrian Arab Republic during the reporting period. The CoI conducted 23 interviews relating to allegations of sexual violence in this period, including with one victim. Information collected thus far indicates that rape and other forms of sexual violence occurred in two distinct circumstances. The first is during the searches of houses as Government forces entered towns and villages; the second, during interrogations in detention. Following the Government forces “move into the Baba Amr neighbourhood of Homs in February 2012, and the commencement of house searches, the CoI received multiple reports of rape and sexual assaults taking place. In one incident, an interviewee stated that 40-50 men stormed into the family house, destroying and stealing property as the search took place. In his testimony, he described being forced to watch as his wife and two of his daughters were raped by three of the men involved. Afterwards, he stated, he, too, was raped while his family was made to watch. In a separate incident, a soldier with the Syrian army described seeing three of his colleagues sexually assault a 15-year-old girl during a house search in Zabadani in February 2012. According to the interviewee, he attempted to prevent the assault but he was threatened and beaten by the other soldiers, so he fled. The CoI also received corroborated reports of women being forced at gunpoint to walk naked in the streets of the Karm alZeytoun neighbourhood of Homs, again in February 2012. The CoI heard from an eye-witness a report on the gang-rape of a female activist during an interrogation at the military security building in Dara’a in late May 2012. The victim was reportedly found unconscious in the streets of Dara’a two days later. The eyewitness also reported being a victim of a sexual assault during the same interrogation. The CoI has received multiple, uncorroborated reports of incidences of rape and sexual assault of men and women while detained. The fear of rape and sexual assault has restricted the freedom of movement of women and young girls and has adversely affected the right to education of female students. One girl told the CoI that, since 24 April 2012, female students in Latakia governate were not attending school due to fear of such assaults. It was also apparent to the CoI that many of the women interviewed who had sought refuge in neighbouring countries had done so because they feared sexual assault. The CoI also notes the lack of medical or psychological services available to victims who suffer sexual violence.” Rape can constitute torture and the definition of rape based on the ICC EoC is cited. The list is endless. In its 10th report which was published on 13 August 2015, the COI concluded with regard to sexual violence that: (1) Government forced have committed crimes against humanity, including rape; (2) government forces have committed gross violations of human rights and war crimes, including rape and sexual violence; (3) ISIS has committed rape, sexual slavery and sexual violence amounting to crimes against humanity; (4) ISIS has committed rape and sexual violence as war crimes. The COI recommended with regard to sexual violence as follows: (1) that all parties prohibit and prevent absolutely torture or other cruel, inhuman or degrading treatment, including sexual violence.
    Date of report / release
    1915-08-13

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