Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 46 results.

  • Literature

    Jain, Neha - Marriage as a Crime against Humanity...

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone, Cambodia, Rwanda, Uganda
    Keywords
    Forced Marriage Inhuman Treatment Sexual Slavery Crimes Against Humanity Armed Conflict

    Reference link
    https://academic.oup.com/jicj/article-abstract/6/5/1013/835363?redirectedFrom=fulltext
    Full reference
    Jain, Neha, "Forced marriage as a Crime against Humanity: Problems of Definition and Prosecution", in J Int Criminal Justice, 2008, vol. 5, no. 5, pp. 1013-1032.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Jain, Neha
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    SCSL - Alex Tamba Brima (Brima et al. "AFRC")

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Sierra Leone
    Keywords
    Forced Marriage Sexual Slavery Consent AFRC Duplicity of Charges Consent-Children Jus Cogens

    Reference link
    http://www.rscsl.org/AFRC.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Alex Tamba Brima
    Charges
    - Rape as a crime against humanity under Article 6(3) (command responsibility) - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) (planning the commission) for the crimes of rapes and sexual slavery committed in Bombali District and the Western Area. - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for rapes and sexual slavery in Bombali District and the Western Area. - Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
    Trial chamber verdict
    Brima was found guilty by the Trial Chamber on 20 June 2007 of:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Brima was found not guilty by the Trial Chamber of:- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
    sentencing
    Brima was sentenced to 50 years’ imprisonment on 22 February 2008.
    Appeals chamber verdict
    The Appeals Chamber confirmed on 22 February 2008 the sexual violence convictions entered by the Trial Chamber.
    Status
    2715
    Case number
    SCSL-04-16

  • Jurisprudence judicial mechanism

    SCSL - Brima Bazzy Kamara (Brima et al. "AFRC")

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Sierra Leone
    Keywords
    Forced Marriage Forced Prostitution Jus Cogens AFRC Consent-Children Duplicity of Charges

    Reference link
    http://www.rscsl.org/AFRC.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Brima Bazzy Kamara
    Charges
    - Rape as a crime against humanity under Article 6(3) (command responsibility) and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) for the crimes of rapes committed in Bombali District and Freetown and sexual slavery in Kono.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for rapes in Bombali District and Freetown and sexual slavery in Kono.- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
    Trial chamber verdict
    Kamara was found guilty by the Trial Chamber on 20 June 2007 of:- Rape as a crime against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Kamara was found not guilty by the Trial Chamber of:- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity
    sentencing
    Kamara was sentenced to 45 years’ imprisonment on 22 February 2008.
    Appeals chamber verdict
    The Appeals Chamber confirmed on 22 February 2008 the convictions, but changed the mode of liability from Article 6(1) (direct responsibility) to Article 6(3) (command responsibility) for outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes for the crimes of rape committed in Bombali District and Freetown and sexual slavery in Kono.
    Status
    2715
    Case number
    SCSL-04-16

  • Jurisprudence judicial mechanism

    SCSL - Santigie Borbor Kanu (Brima et al. "AFRC")

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone
    Keywords
    Forced Marriage Forced Prostitution Consent-Children AFRC Jus Cogens

    Reference link
    http://www.rscsl.org/AFRC.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Santigie Borbor Kanu
    Charges
    - Rape as a crime against humanity under Article 6(3) (command responsibility) and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) (planning the commission) for the crimes of rapes and sexual slavery committed in Bombali District and the Western Area.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for rapes in Bombali District and Freetown and sexual slavery in Kono.- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
    Trial chamber verdict
    Kanu was found guilty by the Trial Chamber on 20 June 2007 of:- Rape as a crime against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Kanu was found not guilty by the Trial Chamber of:- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity
    sentencing
    Kanu received a sentence of 50 years’ imprisonment on 22 February 2008.
    Appeals chamber verdict
    The Appeals Chamber confirmed on 22 February 2008 the sexual violence convictions entered by the Trial Chamber.
    Status
    2715
    Case number
    SCSL-04-16

  • Literature

    Park, Augustine S.J. - Other Inhumane Acts...

    Year
    2006
    Issues
    Sexual Violence against Children Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone
    Keywords
    Child Soldiers, Girls Forced Marriage Child Soldiers, Sexual Purposes Prosecution Human Rights Abuses/Violations

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/16804049/Other_Inhumane_Acts.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1548936099&Signature=nl1rmvLtxeb7muvESP%2Fd7Pvx%2FEE%3D&response-content-disposition=inline%3B%20filename%3DOther_Inhumane_Acts_Forced_Marriage_Girl.pdf
    Full reference
    Park, Augustine S.J., "‘Other Inhumane Acts’: Forced Marriage, Girl Soldiers and the Special Court for Sierra Leone", in Social Legal Studies, 2006, vol. 15, no. 3, pp. 315-337.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Park, Augustine S.J.
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL), The Sierra Leone Truth and Reconciliation Commission

  • Jurisprudence judicial mechanism

    SCSL - Moinina Fofana (“Fofana & Kondewa”)

    Year
    2003
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Charges Filed too Late Forced Marriage

    Reference link
    http://www.rscsl.org/CDF.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Moinina Fofana
    Charges
    Fofana was not charged with sexual violence in the indictment. However, the Prosecution requested, before the start of the trial, the inclusion of sexual violence charges, i.e. rape, sexual slavery and other inhumane acts (e.g. forced marriage) as crimes against humanity and outrages upon personal dignity as a war crime. The request was dismissed by the Trial Chamber before the start of the trial. On appeal, the Prosecution alleged that the Trial Chamber committed an error of law and fact. As a remedy, the Prosecution sought a reversal by the Appeals Chamber of the Trial Chamber’s legal reasoning and a declaration to that effect only. The Prosecution did not request the Appeals Chamber to substitute any additional conviction or to order any trial proceedings. The Appeals Chamber (on 28 May 2003) held that the Prosecution’s request was an academic exercise only (with dissenting opinion Judge Winter).
    Trial chamber verdict
    At trial, the Trial Chamber did not allow evidence of sexual violence because these crimes were not specifically pleaded in the indictment. This would infringe upon the rights of the Accused. The Appeals Chamber, however, held that evidence of sexual violence was relevant to charges in the indictment and that the Trial Chamber had erred in denying such evidence. In addition, the accused was put on notice of such evidence.
    sentencing
    In light of the above developments, Fofana was ultimately not charged and convicted for sexual violence crimes. He received a sentence of 15 years’ imprisonment on 28 May 2003.
    Status
    2715
    Case number
    SCSL-04-14

  • Literature

    Kalra, Monika S. - Forced Marriage: Rwanda’s Secret Revealed...

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Forced Marriage Genocide Prosecution Investigation

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/ucdl7&div=12&id=&page=
    Full reference
    Kalra, Monika Satya, "Forced Marriage: Rwanda’s Secret Revealed", in U.C. Davis Journal of International Law and Policy, 2001, vo. 7, pp. 197-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalra, Monika S.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    ECCC - Ao An

    Country
    Cambodia
    Keywords
    Forced Marriage Rape

    Reference link
    http://www.eccc.gov.kh/en/case/topic/1691
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Ao An
    Charges
    In the indictment of 14 March 2016, Ao An was charged with: (1) Genocide of the Cham.(2) Crimes against Humanity, namely murder; extermination; enslavement; imprisonment; torture; persecution against the so-called “17 April people”, former Lon Nol soldiers, Central (Old North) Zone cadres, their families and subordinates, people from the East Zone, and other “bad elements” and “internal enemies”; persecution against Cham and Vietnamese people; and other inhumane acts including forced marriage, rape, enforced disappearances, physical abuse, forced labour, and inhumane conditions of detention. (3) Violations of the 1956 Cambodian Penal Code, namely premeditated homicide.
    Status
    2778
    Case number
    004/02

  • Jurisprudence judicial mechanism

    ECCC - Im Chaem

    Country
    Cambodia
    Keywords
    Crimes Against Humanity Forced Marriage Sexual Violence

    Reference link
    https://www.eccc.gov.kh/en/case/topic/case0401
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Im Chaem
    Charges
    Im Chaem was initially charged with crimes against humanity and violations of the 1956 Penal Code. Additional allegations were however submitted in five supplementary submissions filed which included allegations of Forced Marriage and Sexual Violence.
    Status
    2778
    Case number
    004/1

  • Jurisprudence judicial mechanism

    ECCC - Khieu Samphan (“Nuon Chea et al.”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Acts of a Sexual Nature Coercion Consent Common Purpose Detention Centers Forced Marriage Severance of Charges Systematic Attack

    Reference link
    http://www.eccc.gov.kh/en/indicted-person/khieu-samphan
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Khieu Samphan
    Charges
    Khieu Samphan 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 and rape. 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 (under other inhumane acts), as decided per the Trial Chamber’s decision of 4 April 2014 (thus the charges were (geographically) expanded in the sense that forced marriage and rape were now charged nationwide, which was not the case before). Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. On 16 November 2018, the Trial Chamber of the court announced its judgment convicting former Khmer Rouge senior leaders Khieu Samphan and Nuon Chea and of genocide, crimes against humanity (including the specific crime of other inhumane acts through conduct characterised as forced marriage and rape in the context of forced marriage), and grave breaches of the Geneva Convention. In the judgment the Chamber found that “there existed a nationwide policy to regulate family-building and marriage, which was implemented by Party cadres at all administrative and military levels. The CPK designed this policy, replacing the role of parents in the selection of a suitable spouse, forcing couples to marry and forcing the production of children, for the purpose of increasing the country’s population within 10 to 15 years”.
    sentencing
    The Trial Chamber sentenced the accused, Khieu Samphan to life imprisonment. Taking into consideration the already imposed life sentence on Samphan in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

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