Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 46 results.

  • 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

  • Jurisprudence judicial mechanism

    ICC - Mathieu Ngudjolo Chui

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Forced Marriage Forced Nudity Severance of Charges Withdrawal of Charges

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Mathieu Ngudjolo Chui
    Charges
    Initially, Chui was charged (together with Katanga) 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 Chui (and Katanga) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(a), 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
    On 18 December 2012, Trial Chamber II acquitted Chui of the charges of war crimes and crimes against humanity. It was found not proven beyond a reasonable doubt that Chui was the commander of the Lendu combatants during the attack on Bogoro in Ituri, Eastern DRC on 24 February 2003, as charged by the ICC. Rather, the evidence supported the finding that he held the role of a commander in March 2003, after the February attack on Bogoro.
    Appeals chamber verdict
    On 21 December 2012, Chui was released from custody. On 27 February 2015, the Appeals Chamber confirmed, by majority, Trial Chamber II’s decision of 18 December 2012 acquitting Chui.
    Status
    2715
    Case number
    ICC-01/04-02/12

  • 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

    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)

  • Literature

    Jalloh, Charles C. - The Sierra Leone Special Court and its Legacy

    Year
    2015
    Issues
    Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Special Court for Sierra Leone Forced Marriage International Criminal Law Sexual Violence

    Reference link
    http://www.cambridge.org/de/academic/subjects/law/humanitarian-law/sierra-leone-special-court-and-its-legacy-impact-africa-and-international-criminal-law?format=PB
    Full reference
    Charles C. Jalloh (ed.), The Sierra Leone Special Court and its Legacy- The Impact for Africa and International Criminal Law, Cambridge University Press, Cambridge, 2015.
    Type of literature
    Book
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes

  • 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)

  • Literature

    Kramer, Sophie - Forced Marriage and the Absence of Gang Rape

    Year
    2012
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Uganda
    Keywords
    Gang Rape Forced Marriage Soldiers Sexual War Violence Attack against a Civilian Population

    Reference link
    https://academiccommons.columbia.edu/doi/10.7916/D8QC01G1
    Full reference
    Kramer, Sophie, "Forced Marriage and the Absence of Gang Rape: Explaining Sexual Violence by the Lord’s Resistance Army in Northern Uganda", in The Journal of Politics and Society, 2012, vol. 23, no. 10, pp. 11-49.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Kramer, Sophie

  • 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)

  • Literature

    Oosterveld, Valerie - Forced Marriage During Conflict and Mass Atrocity

    Year
    2018
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone, Cambodia
    Keywords
    Forced Marriage International Criminal Law

    Reference link
    http://www.oxfordhandbooks.com/abstract/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-19?rskey=ylTliS&result=1
    Full reference
    Valerie Oosterveld, “Forced Marriage During Conflict and Mass Atrocity”, in Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca Haynes, and Nahla Valji (eds.), The Oxford Handbook of Gender and Conflict, Oxford University Press, 2018, pp. 240-252.
    Type of literature
    Chapter in Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Oosterveld, Valerie
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL), Extraordinary Chambers of the Courts of Cambodia (ECCC)

  • Literature

    Oosterveld, Valerie - Forced Marriage and the Special Court for Sierra Leone

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone
    Keywords
    Forced Marriage Inhuman Treatment Enslavement Crimes Against Humanity International Criminal Law

    Reference link
    https://brill.com/abstract/journals/ihls/2/1/article-p127_4.xml
    Full reference
    Oosterveld, Valerie, "Forced Marriage and the Special Court for Sierra Leone: Legal Advances and Conceptual Difficulties", in International Humanitarian Legal Studies, 2011, vol. 2, no. 1, pp. 127-158.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Oosterveld, Valerie
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

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