Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 13 results.
-
Literature
Weiner, Philipp - The Evolving Jurisprudence of the Crime of Rape...
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia, Sierra Leone
- Keywords
- Coercion Lack of Consent Elements of the Crime of Rape Prosecution Domestic Law
- Reference link
- https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3321&context=bclr
- Full reference
- Weiner, Philipp, "The Evolving Jurisprudence of the Crime of Rape in International Criminal Law", 36 B. C. Int’l & Comp. L. Rev., 2013, vol. 54, no.3, pp. 1207-1236.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Weiner, Philipp
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL)
-
Literature
Skinnider, Eileen et al. – The Trial of Rape
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- http://www2.unwomen.org/-/media/field%20office%20eseasia/docs/publications/2017/10/trial-of-rape_yc_27-sept-2017s.pdf?la=en&vs=2346
- Full reference
- Eileen Skinnider, Ruth Montgomery and Stephanie Garrett, The Trial of Rape: Understanding the Criminal Justice System Response to Sexual Violence in Thailand and Viet Nam, UN Women, New York, 2017.
- Type of literature
- Grey Literature
- 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
-
Literature
Sharratt, Sara – Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals
- Year
- 2011
- Issues
- Victims of Sexual Violence
- Reference link
- http://www.routledge.com/Gender-Shame-and-Sexual-Violence-The-Voices-of-Witnesses-and-Court-Members/Sharratt/p/book/9781409419990
- Full reference
- Sara Sharratt, Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals, Ashgate, Surrey, 2011.
- Type of literature
- Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Sexual Violence Data Collection
-
Literature
Seelinger, Kim T. - Domestic accountability for Sexual Violence...
- Year
- 2014
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Kenya, Liberia, Sierra Leone, Uganda
- Keywords
- Accountability Prosecution Gender-Based Violence Investigation Domestic Law
- Reference link
- https://www.icrc.org/en/download/file/12253/irrc-894-seelinger.pdf
- Full reference
- Seelinger, Kim Thuy, "Domestic accountability for Sexual Violence: The Potential of Specialized Units in Kenya, Liberia, Sierra Leone and Uganda", in International Review of the Red Cross, 2014, vol. 96, no. 894, pp. 539-564.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Seelinger, Kim Thuy
- Type of mechanism
- Domestic court, International Criminal Tribunal/Court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
-
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.”
-
Literature
Islam, M. Rafiqul - National Trials of International Crimes in Bangladesh
- Year
- 2019
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Bangladesh
- Keywords
- Domestic Law Transitional Justice International Criminal Law
- Reference link
- http://brill.com/abstract/title/39579?rskey=f8oyFJ&result=1
- Full reference
- M. Rafiqul Islam, National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments, Brill Nijhoff, Leiden, 2019.
- Type of literature
- Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Impacts of Sexual Violence Crimes Prosecutions
-
Literature
Hagay-Frey, Alona - Sex and Gender Crimes in the New International Law
- Year
- 2011
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- http://brill.com/view/title/18899?lang=en
- Full reference
- Alona Hagay-Frey, Sex and Gender Crimes in the New International Law, Brill Nijhoff, Leiden, 2011.
- Type of literature
- 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, Women and the Armed Conflict
-
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
-
Literature
Goldscheid, Julie - Gender Violence and Human Rights in an Era of Backlash
- Year
- 2018
- Issues
- Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- http://scholarship.law.wm.edu/wmjowl/vol24/iss3/5/
- Full reference
- Julie Goldscheid, “Gender Violence and Human Rights in an Era of Backlash”, in William & Mary Journal of Women and the Law, 2018, vol. 24, no. 3, pp. 559-591.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
-
Literature
Gaggioli, Gloria - Sexual Violence in Armed Conflicts...
- Year
- 2014
- Reference link
- https://www.iphr-ipdh.org/uploads/1/0/0/6/10064027/sexual_violence_in_armed_conflit_g._gagioli.pdf
- Full reference
- Gaggioli, Gloria, "Sexual Violence in Armed Conflicts: A Violation of International Humanitarian Law and Human Rights Law", in International Review of the Red Cross, 2014, vol. 96, no. 894, pp. 503-538.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Gaggioli, Gloria
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