Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 7 results.
-
Literature
Bassiouni, M. Cherif and McCormick, Marci - Sexual Violence: An Invisible Weapon of War
- Year
- 1996
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Ethnic Cleansing Command Responsibility Media Responsibility Bosnian Muslim Population
- Reference link
- http://mcherifbassiouni.com/wp-content/uploads/Sexual-Violence-an-Invisible-Weapon-of-War.pdf
- Full reference
- Bassiouni, M. Cherif and Marci McCormick, Sexual Violence: An Invisible Weapon of War in the former Yugoslavia, Occasional Paper No. 1, Chicago, IL: International Human Rights Institute, 1996.
- Type of literature
- Grey Literature
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Bassiouni, M. Cherif and McCormick, Marci
- Type of mechanism
- Hybrid court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Jurisprudence judicial mechanism
Guatemala, High Impact Court ‘A’ - Efraín Ríos Montt (“Montt and Menchu”)
- Issues
- Socio-cultural Context of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Sexual Violence as a Weapon of War
- Country
- Guatemala
- Keywords
- Ethnic Cleansing Spoil of War Retrial Indigenous Population Mental Incapacity of Accused
- Reference link
- http://www.ijmonitor.org/2018/04/the-legacy-of-rios-montt-guatemalas-most-notorious-war-criminal/
- Type of mechanism
- Domestic court
- Name of mechanism
- Guatemalan High Impact Court 'A', Constitutional Court
- Name of accused
- Efraín Ríos Montt
- Charges
- Montt was charged with genocide and crimes against humanity, including sexual violence, under command responsibility.
- Trial chamber verdict
- On 10 May 2013 he was found guilty by a Guatemalan trial court (High Impact Court ‘A’) of genocide and crimes against humanity, including sexual violence, under command responsibility. The conviction was for crimes committed against Guatemala’s Maya Ixil indigenous population during Montt’s 17-month rule in 1982 and 1983. According to the Court, women were raped, not only as the ‘spoils of war’, but as part of the systematic and intentional plan to destroy the Ixil ethnic group by exercising violence on women’s bodies as a way to destroy the social fabric and thereby ensure the destruction of the Ixil population. Specific reference was made to the testimony of one woman, who narrated how she was raped by more than 20 soldiers while she was held prisoner in a military base. The tribunal noted that sexual violence results in pain and suffering that is still experienced by many of the women, and that the violence has an inter-generational effect, noting that women reproduce life as well as culture.
- sentencing
- At first instance only: Montt, 86 years old, was sentenced to 80 years in prison (50 years for genocide and 30 years for crimes against humanity, served consecutively). Furthermore, as part of the reparation requirements, the judges ordered personal apologies to be made to the survivors of sexual violence.
- Appeals chamber verdict
- However, on 20 May 2013, Guatemala’s Constitutional Court annulled the trial judgment on procedural grounds and a retrial was subsequently ordered. In 2014, the retrial was suspended when the defense sought the removal of one of the judges on the case. On 11 January 2016, the retrial was suspended again for the court to resolve outstanding legal petitions. The hearing was held behind closed doors and Montt did not attend because of ‘mental incapacity’, which the court had decided he was suffering from in 2015 already. On 1 April, 2018, the lawyer of Ríos Montt reported that he had died of a heart failure.
- Status
- 2715
- Case number
- Exp 1904-2013
-
Jurisprudence judicial mechanism
ICTY - Radislav Krstic (“Srebrenica-Drina Corps”)
- Year
- 2004
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Ethnic Cleansing Joint Criminal Enterprise (JCE) Mental Harm Genocide
- Reference link
- http://www.icty.org/cases/party/711/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Radislav Krstic
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE III) for the incidental rapes committed against the Bosnian Muslims as they were natural and foreseeable consequences of the joint criminal enterprise implemented at Potocari on 12 and 13 July 1995.
- Trial chamber verdict
- Krstic was found guilty by the Trial Chamber on 2 August 2001 of:- Persecution as a crime against humanity
- sentencing
- Krstic received a sentence of 35 years’ imprisonment on 19 April 2004.
- Appeals chamber verdict
- The Appeals Chamber upheld the conviction 19 April 2004.
- Status
- 2715
- Case number
- IT-98-33
-
Literature
Kalosieh, Adrienne - Consent to Genocide?...
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Genocidal Rape Consent Ethnic Cleansing Coercion
- Reference link
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/worts24&div=15&id=&page=
- Full reference
- Kalosieh, Adrienne, "Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca", in 24 Women’s Rights Law Reporter, 2003, vol. 24, no. 121, pp. 121-135.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Kalosieh, Adrienne
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
Nduwimana, Francoise - The Right to Survive: Sexual Violence...
- Year
- 2004
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Rwanda, Burundi, Sierra Leone, Democratic Republic of Congo (DRC)
- Keywords
- HIV Rape Ethnic Cleansing Survivor
- Reference link
- http://publications.gc.ca/collections/Collection/E84-13-2004E.pdf
- Full reference
- Nduwimana, Francoise, The Right to Survive: Sexual Violence, Women and HIV/AIDS, Rights and Democracy (International Centre for Human Rights and Democratic Development), 2004.
- Type of literature
- Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Nduwimana, Francoise
-
Literature
Salzman, Todd A. - Rape Camps as a Means of Ethnic Cleansing...
- Year
- 1998
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Ethnic Cleansing Rape as a Weapon of War Forced Pregnancy Genocidal Rape Camp
- Reference link
- https://www.jstor.org/stable/pdf/762769.pdf?seq=1#page_scan_tab_contents
- Full reference
- Salzman, Todd A., "Rape Camps as a Means of Ethnic Cleansing: Religious, Cultural, and Ethical Responses to Rape Victims in the former Yugoslavia", in Human Rights Quarterly, 1998, vol. 20, no. 2, pp. 348-378.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Salzman, Todd A.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
Short, Jonathan M.H. - Sexual Violence as Genocide...
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Forced Pregnancy Ethnic Cleansing Akayesu
- Reference link
- https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1177&context=mjrl
- Full reference
- Short, Jonathan M.H., "Sexual Violence as Genocide: The Developing Law of the International Criminal Tribunals and the International Criminal Court", in Michigan Journal of Race and Law, 2003, vol. 8, no. 2, pp. 503-527.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Short, Jonathan M.H.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Court
This is free software. Created with LinkAhead
and Django. Licenced under AGPL version 3.0 (Sources).