Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 24 of 24 results.

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Saddam Hussein Al Majeed (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Sexual Violence Use of Euphemistic Language Shame Rape/Sexual Violence in Prison

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Saddam Hussein Al Majeed
    Charges
    Hussein was indicted on 31 July 2005 for committing different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Saddam Hussein was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity]
    sentencing
    Hussein received a death sentence by hanging.
    Status
    2715
    Case number
    1/C 1/2005

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Taha Yassin Ramadan (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Joint Criminal Enterprise (JCE) Use of Euphemistic Language Shame

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Taha Yassin Ramadan
    Charges
    Ramadan was indicted on 31 July 2005 for committing (via a JCE) different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Ramadan was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity]
    sentencing
    Ramadan received a death sentence by hanging.
    Status
    2715
    Case number
    1/E First/2005

  • Literature

    Montañez, Paloma S. et al. - The Prosecution of Sexual and Gender Crimes in the National Courts of Argentina

    Year
    2017
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Argentina
    Keywords
    Gender Violence Detention Centers Argentina

    Reference link
    https://muse.jhu.edu/article/666336/summary
    Full reference
    Paloma S. Montañez, Viviana Waisman and Keina Yoshida, “The Prosecution of Sexual and Gender Crimes in the National Courts of Argentina”, in Human Rights Quarterly, 2017, vol. 39, no. 3, pp. 680-706.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Impacts of Sexual Violence Crimes Prosecutions, Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Montañez, Paloma S.; Waisman, Viviana and Yoshida, Keina

  • Jurisprudence judicial mechanism

    Oslo District Court - Mirsad Repak

    Year
    2008
    Issues
    Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Norway
    Keywords
    Acquittal Domestic Law Humiliating and Degrading Treatment Rape/Sexual Violence in Detention Complicity Reparation Detention Centers Foreseeable Consequence

    Reference link
    http://www.internationalcrimesdatabase.org/Case/36
    Type of mechanism
    Domestic court
    Name of mechanism
    Oslo District Court
    Name of accused
    Mirsad Repak
    Charges
    Repak was charged with crimes against humanity and war crimes, which both included sexual violence (including of both women and men) under Article 97 of the Norwegian Constitution.
    Trial chamber verdict
    The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, including rape (paras. 158-164), but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992.
    sentencing
    Repak was sentenced to five years’ imprisonment.
    Appeals chamber verdict
    On 11 March 2010, the Norway Court of Appeal reduced Repak’s sentence from 5 to 4,5 years’ imprisonment. On 3 December 2010 the Supreme Court of Norway overturned the conviction against Repak and finally released him. The Supreme Court ruled that the Law on War Crimes of March 2008 could not be applied retroactively to acts committed in 1992. The Court concluded that the retroactive application of the Law on War Crimes would violate Article 97 of the Norwegian Constitution. He was thus acquitted for the charges of war crimes. However, on 14 April 2011, the Supreme Court of Norway found him guilty for unlawful deprivation of liberty and detention of civilians in violation of Section 223(1) and (2) of the 1905 Norwegian Penal Code and sentenced him to eight years in prison. Repak was found guilty on thirteen counts. The indictment charged him with taking part in depriving civilians of liberty and detaining them at the Dretelj detention camp and severe mistreatment of detainees, including sexual abuse, brutal violence, intimidation and humiliation, and deprivation of adequate access to food. The Court concluded that Repak had acted with intent or complicity in the offences, or alternatively could have foreseen the consequences regarding the atrocities suffered by the victims, a level sufficient to find guilt under Section 43 of the Penal Code. According to the sentencing Judge, Repak ‘played a central role in allowing the extensive and sometimes extremely brutal atrocities against the 13 victims to take place’.
    Status
    2715
    Case number
    08-018985MED-OTIR/08
    Reparations / awards
    Repak was ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims. However, as far as compensation to victims of sexual violence is concerned, the Court ruled that “As regards compensation of economic loss, it is essential for the Court to emphasize that the defendant is only liable for damages where there is a causal relationship between the acts of the defendant and the damage. This means that the defendant is not liable to pay compensation for the extensive damage caused by rapes and gross violence committed by others.”

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