Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • Jurisprudence judicial mechanism

    Bogota Justice and Peace Law (JPL) Tribunal - Salvatore Mancuso et al.

    Year
    2014
    Country
    Colombia
    Keywords
    Forced Abortion Forced Sterilization

    Reference link
    https://www.icc-cpi.int//Pages/item.aspx?name=2017-otp-rep-PE-Colombia
    Type of mechanism
    Domestic court
    Name of mechanism
    Bogota Justice and Peace Law (JPL) Tribunal
    Name of accused
    Salvatore Mancuso
    Charges
    175 charges of sexual crimes, including rape (‘acceso carnal violento’), sexual slavery, enforced prostitution, enforced sterilization, enforced abortion and sexual violence (‘actos sexuales abusivos’), affecting 2,906 victims.
    Trial chamber verdict
    In the November 2014 “macro-judgment”, paramilitary leader Salvatore Mancuso and other mid-level commanders were convicted for all the crimes they were charged with above.
    Appeals chamber verdict
    In October 2016, the Criminal Appellate Chamber of the Supreme Court upheld the “macro-judgment” against Salvatore Mancuso and other 11 mid-level commanders on 405 charges of forced displacement involving 6,845 victims, and several other crimes, such as acts of sexual violence.
    Status
    2715

  • 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

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