Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 8 results.
-
Literature
Askin, Kelly D. - A Decade of the Development of Gender Crimes...
- Year
- 2004
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- NGO Torture Enslavement Sexual Violence against Men/Boys Rape with Foreign Objects
- Reference link
- https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=1370&context=hrbrief
- Full reference
- Askin, Kelly D, "A Decade of the Development of Gender Crimes in International Courts and Tribunals: 1993 to 2003", in Human Rights Brief, 2004, vol. 11, no. 3, pp. 16-19.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Askin, Kelly D.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
Bunting, Annie - 'Forced Marriage' in Conflict Situations...
- Year
- 2012
- Country
- Sierra Leone, Rwanda, Uganda, Liberia, Democratic Republic of Congo (DRC)
- Keywords
- Forced Marriage Enslavement International Criminal Law Civilian
- Reference link
- http://preventgbvafrica.org/wp-content/uploads/2014/04/Bunting-Forced-Marriage-in-Conflict-Situations_Canadian-Journal-of-Human-Rights.pdf
- Full reference
- Bunting, Annie, "‘Forced Marriage’ in Conflict Situations: Researching and Prosecuting Old Harms and New Crimes", in Can. J. Hum. Rts., 2012, vol.1, no. 1, pp. 165-185.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Bunting, Annie
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
-
Jurisprudence non-judicial mechanisms
Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
- Country
- Democratic People’s Republic of Korea (DPRK)
- Keywords
- Enslavement Forced Abortion Murder Rape, Torture
- Reference link
- http://www.ohchr.org/EN/HRBodies/HRC/CoIDPRK/Pages/CommissionInquiryonHRinDPRK.aspx
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Type of mechanism
- Commission of Inquiry
- Name of mechanism
- Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
- Status
- 2715
- Findings
- On 17 February 2014, the COI reported on its findings and established that a wide array of crimes against humanity, including sexual violence, arising from “policies established at the highest level of State,” had been committed and continue to take place in the DPRK and called for urgent action by the international community to address the human rights situation in the country, including referral to the International Criminal Court. The report cites many incidents of sexual violence, which the COI finds to rise to the level of crimes against humanity. For example, it is stated that: “Although not endorsed as general policy and contrary to prison regulations, the frequent incidences of rape form part of the overall pattern of crimes against humanity. Like in the political prison camps, cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy. The forced abortions to which pregnant inmates have been subjected constitute a form of sexual violence of a gravity that meets the threshold required for crimes against humanity.” Also, it is held that the State systematically uses violence and punishment to deter its citizens from exercising their human right to leave the country. Persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion and other forms of sexual violence. According to the COI these crimes can be qualified as crimes against humanity and include extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.
- Recommendations
- The COI recommends specifically on sexual violence: (1) to take immediate measures to ensure gender equality in practice, such as by providing equal access for women in public life and employment; eradicate discriminatory laws, regulations and practices affecting women; take measures to address all forms of violence against women, including domestic violence, sexual and gender-based violence by State agents and/or within State institutions; and respond immediately and effectively to trafficking in women, and address the structural causes that make women vulnerable to such violations; and (2) abolish the de facto prohibition on foreign travel imposed on ordinary citizens; decriminalize illegal border crossings and introduce border controls that conform to international standards; renounce orders to shoot and kill at the border; cease to regard citizens repatriated from China as political criminals or to subject them to imprisonment, execution, torture, arbitrary detention, deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; and abolish the State’s compulsory designation of places of residence and employment, as well as the requirement to obtain a permit for domestic travel outside a person’s designated province.
- Date of report / release
- 1914-02-17
-
Literature
Haenen, Iris - The Parameters of Enslavement...
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Sierra Leone
- Keywords
- Enslavement Sexual Slavery Forced Marriage Rape
- Reference link
- https://pure.uvt.nl/ws/portalfiles/portal/1531745/ICLA_2013_final.pdf
- Full reference
- Haenen, Iris, The Parameters of Enslavement and the Act of Forced Marriage, in International Criminal Law Review, 2013, vol. 13, no. 4, pp. 895-915.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Haenen, Iris
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
-
Jurisprudence judicial mechanism
ICC - Dominic Ongwen
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Uganda
- Keywords
- Forced Marriage Severance of Charges Enslavement Amended Indictment Rape as Crime Against Humanity
- Reference link
- https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/ICC-02_04-01_15/Pages/default.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Dominic Ongwen
- Charges
- The arrest warrant of 2005 does not charge Ongwen with sexual violence crimes. However, the Prosecution formally requested, on 24 September 2015, to bring additional charges against Ongwen, including sexual and gender based crimes. The confirmation of charges hearing is schedule for 26 January 2016 and then the Chamber will decide upon this request. The additional sexual and gender based crimes brought against Ongwen include: - Forced marriage, an inhumane act of a character similar to the acts set out in articles 7(1)(a)-(j), as a crime against humanity, pursuant to articles 7(1)(k), and 25(3)(a), or (b)or(d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a crime against humanity, pursuant to articles 7(1)(f) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a war crime, pursuant to articles 8(2)(c)(i) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a crime against humanity, pursuant to articles 7(1) (g) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a crime against humanity, pursuant to articles 7(1)(g) and25(3)(a), or (b)or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; and - Enslavement as a crime against humanity, pursuant to articles 7(1)(c) and25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005 (see paras. 32-35 of Public redacted version of “Notice of intended charges against Dominic Ongwen”, 18 September 2015, ICC-02/04-01/15-305-Conf).
- Status
- 2778
- Case number
- ICC-02/04-01/15
-
Literature
Mibenge, Chiseche S. - Investigating Outcomes of a Limited Gender Analysis of Enslavement...
- Year
- 2010
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://journals.sagepub.com/doi/pdf/10.1080/15423166.2010.213451362255
- Full reference
- Mibenge, Chiseche, "Investigating Outcomes of a Limited Gender Analysis of Enslavement in Post-conflict Justice Processes", in Journal of Peacebuilding & Development, 2010, vol. 5, no. 3, pp. 34-46.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Mibenge, Chiseche S.
-
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
Oosterveld, Valerie - Gender and the Charles Taylor Case...
- Year
- 2012
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes Modes of Liability
- Country
- Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage Outrages upon Personal Dignity Responsibility Enslavement
- Reference link
- https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1110&context=lawpub
- Full reference
- Oosterveld, Valerie, "Gender and the Charles Taylor Case at the Special Court for Sierra Leone", in Wm. & Mary J. Women & L., 2012-2013, vol. 19, no. 7, pp. 7-33.
- 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)
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