Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 46 results.

  • 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

  • Jurisprudence judicial mechanism

    ICC - Germain Katanga

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Common Purpose Forced Marriage Forced Nudity Definition of Rape Withdrawal of Charges Severance of Charges

    Reference link
    https://www.icc-cpi.int/drc/katanga
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Germain Katanga
    Charges
    Initially, Katanga was charged (together with Chui) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution’s Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Katanga (and Chui) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(d), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
    Trial chamber verdict
    The Judgement against Katanga was pronounced on 7 March 2014 and although he was convicted for several other crimes against humanity and war crimes under Article 25(3)(d), he was acquitted for the sexual violence charges. The Chamber unanimously found Katanga not guilty of contributing to the acts of sexual violence as they did not believe these crimes formed part of the common purpose of the attack, unlike the crimes of directing an attack against a civilian population, pillage, murder and destruction of property as war crimes/crimes against humanity.
    sentencing
    A total sentence of 12 years’ imprisonment was given on 23 May 2014 (for other charges).
    Appeals chamber verdict
    On 13 November 2015, a Panel of three Judges of the Appeals Chamber, specifically appointed by the Appeals Chamber, reviewed Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence was set to 18 January 2016. Decisions on possible victim reparations, which might have an impact on victims of sexual violence, will be rendered later.
    Status
    2715
    Case number
    ICC-01/04-01/07

  • Literature

    Doherty, Teresa - Jurisprudential Developments Relating to Sexual Violence...

    Year
    2013
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Rape Crimes Against Humanity

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Doherty, Teresa, "Jurisprudential Developments Relating to Sexual Violence: The Legacy of the Special Court for Sierra Leone", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 157-172.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Doherty, Teresa
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    ECCC - Ieng Sary (“Nuon Chea et al.”)

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Aiding and Abetting Coercion Common Purpose Consent Forced Marriage Death of Accused Ordering/Instigating Severance of Charges

    Reference link
    https://www.eccc.gov.kh/en/indicted-personpage/ieng-sary
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Ieng Sary
    Charges
    Ieng Sary was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
    Trial chamber verdict
    However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. The proceedings against Ieng Sary were, however, terminated on 14 March 2013, following his death the same day.
    Status
    2715
    Case number
    Case 002

  • 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)

  • Literature

    Mibenge, Chiseche S. - Sex and International Tribunals...

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Sierra Leone
    Keywords
    Forced Marriage Sexual Slavery Impartiality Universality Prosecution Feminist Approach Mass Rape

    Reference link
    https://muse.jhu.edu/book/24977#info_wrap
    Full reference
    Mibenge, Chiseche Salome, Sex and International Tribunals: The Erasure of Gender from the War Narrative, University of Pennsylvania Press, 2013.
    Type of literature
    Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Mibenge, Chiseche S.
    Type of mechanism
    International Criminal Tribunal/Court, Truth Commission
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), The Sierra Leone Truth and Reconciliation Commission, Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    SCSL - Charles Ghankay Taylor

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
    Country
    Sierra Leone
    Keywords
    Forced Marriage Aiding and Abetting Superior Responsibility Conjugal Slavery AFRC RUF

    Reference link
    http://www.rscsl.org/Taylor.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Charles Ghankay Taylor
    Charges
    Taylor faced an eleven count indictment, including; - crimes against humanity of rape and sexual slavery - war crime of outrages upon personal dignity. -war crime of committing acts of terror, carried out by, inter alia, sexual violence. He was not accused of carrying out these crimes himself; rather, he was charged with assisting and encouraging, acting in concert with, directing, controlling and/or being the superior of the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the joint RUF-AFRC junta and/or Liberian fighters.
    Trial chamber verdict
    On 26 April 2012 the Trial Chamber found Taylor guilty on all eleven counts charged, including the charges that incorporated sexual violence crimes, as an aider and abettor of crimes committed by rebel forces in Sierra Leone.
    sentencing
    Taylor was sentenced to 50 years’ imprisonment.
    Appeals chamber verdict
    The Appeals Chamber, on 26 September 2013, upheld Taylor’s conviction and 50 years’ sentence.
    Status
    2715
    Case number
    SCSL-03-01

  • Literature

    Studzinsky, Silke - Challenges of Rights to Participation and Protection

    Year
    2013

    Reference link
    https://intersentia.be/nl/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Studzinsky, Silke, "Victims of Sexual and Gender-Based Crimes Before the Extraordinary Chambers in the Courts of Cambodia: Challenges of Rights to Participation and Protection", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 173-186.
    Type of literature
    Chapter in Book
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Studzinsky, Silke

  • Literature

    Studzinsky, Silke - Victims of Sexual and Gender-Based Crimes

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
    Country
    Cambodia
    Keywords
    Forced Marriage Gender-Based Crimes Prosecution Mass Violence Khmer Rouge

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Studzinsky, Silke, "Victims of Sexual and Gender-Based Crimes before the Extraordinary Chambers in the Courts of Cambodia: Challenges of Rights to Participation and Protection", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 173-186.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Studzinsky, Silke
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)

  • 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)

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