Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 41 to 46 of 46 results.

  • Jurisprudence judicial mechanism

    ECCC - Meas Muth

    Country
    Cambodia
    Keywords
    Forced Marriage

    Reference link
    https://www.eccc.gov.kh/en/indicted-person/meas-muth
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Meas Muth
    Charges
    Meas Muth is charged with other inhumane acts as crimes against humanity, which includes forced marriage and rape. He was initially charged in absentia on 3 March 2015. On 14 December 2015, he appeared in person before the international Co-Investigating Judge and was charged with further alleged crimes, including the sexual violence charges outlined above.
    Status
    2715
    Case number
    Case 003

  • Jurisprudence judicial mechanism

    ECCC - Nuon Chea (“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 Detention Centers Forced Marriage Common Purpose Severance of Charges Systematic Attack

    Reference link
    https://www.eccc.gov.kh/en/indicted-person/nuon-chea
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Nuon Chea
    Charges
    Nuon Chea 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 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 Nuon Chea to life imprisonment. Taking into consideration the already imposed life sentence on Nuon Chea in Case 002/01, the Chamber merged the two sentences into a single term of life imprisonment.
    Status
    2715
    Case number
    Case 002

  • Jurisprudence judicial mechanism

    ECCC - Yim Tith

    Country
    Cambodia
    Keywords
    Forced Marriage

    Reference link
    https://www.eccc.gov.kh/en/indicted-person/yim-tith
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Yim Tith
    Charges
    Yim Tith’s initial appearance was on 9 December 2015, where he was formally charged in the case for crimes committed in the Southwest Zone and the Northwest Zone, including for: - Other inhumane acts as crimes against humanity, including forced marriage.
    Status
    2778
    Case number
    Case 004

  • 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

  • Jurisprudence judicial mechanism

    ICC - Nigeria

    Issues
    Sexual Violence against Children Socio-cultural Context of Sexual Violence
    Country
    Nigeria
    Keywords
    Forced Marriage Gender-Based Crimes Christians

    Reference link
    https://www.icc-cpi.int/nigeria
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

  • Literature

    O’Brien - Don’t Kill Them, Let’s Choose Them as Wives...

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia, Sierra Leone, Cambodia, Germany, Japan
    Keywords
    Forced Marriage Forced Prostitution Isolation

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/39739267/OBrien-_Forced_Marriage___Sexual_Slavery_IJHR_Online_First_2015.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1548934923&Signature=T6P6uzQhTF4nvzCOBvLiybBFrQk%3D&response-content-disposition=inline%3B%20filename%3DDont_kill_them_lets_choose_them_as_wive.pdf
    Full reference
    O’Brien, Melanie, "‘Don’t Kill Them, Let’s Choose Them as Wives’: The Development of the Crimes of Forced Marriage, Sexual Slavery and Enforced Prostitution in International Criminal Law", The International Journal of Human Rights, vol. 20, no. 3, 2015, pp. 1-21.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    O’Brien, Melanie
    Type of mechanism
    International Criminal Tribunal/Court, Military Tribunal, Hybrid court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL), Extraordinary Chambers of the Courts of Cambodia (ECCC), Nuremberg Trials, International Military Tribunal For The Far East (IMTFE)

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