Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 46 results.
-
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
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
-
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
Gong-Gershowitz, Jennifer - Forced Marriage: A “New” Crime Against Humanity?
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia, Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage Crimes Against Humanity
- Reference link
- https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1093&context=njihr
- Full reference
- Gong-Gershowitz, Jennifer, "Forced Marriage: A 'New' Crime Against Humanity?", in Nw. J. Int’l Hum. Rts., 2009, vol. 8, no. 1, pp. 53-76.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Gong-Gershowitz, Jennifer
- Type of mechanism
- International Criminal Tribunal/Court, Truth Commission, Hybrid court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), The Sierra Leone Truth and Reconciliation Commission, Special Court for Sierra Leone (SCSL)
-
Jurisprudence judicial mechanism
SCSL - Augustine Gbao (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage AFRC RUF Lack of Consent Joint Criminal Enterprise (JCE) Rape
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Augustine Gbao
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Kailahun District.
- Trial chamber verdict
- Gbao was found guilty by the Trial Chamber on 2 March 2009 of:- Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes
- sentencing
- Gbao was sentenced to 25 years’ imprisonment on 26 October 2009.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
-
Jurisprudence judicial mechanism
SCSL - Issa Hassan Sesay (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Forced Marriage Consent Terrorism AFRC Joint Criminal Enterprise (JCE) RUF
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Issa Hassan Sesay
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- 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) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism 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) (JCE) for sexual violence crimes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.
- Trial chamber verdict
- Sesay was found guilty by the Trial Chamber on 2 March 2009 of: - Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes 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
- sentencing
- Sesay was sentenced to 52 years’ imprisonment on 26 October 2009.
- Appeals chamber verdict
- The convictions concerning sexual violence were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
-
Jurisprudence judicial mechanism
SCSL - Morris Kallon (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Forced Marriage Consent AFRC RUF Joint Criminal Enterprise (JCE) Lack of Consent
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Morris Kallon
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery and forced marriages committed in Kissi Town in Kono District.- 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) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery and forced marriages committed in Kissi Town in Kono District.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery committed in Kissi Town in Kono District.
- Trial chamber verdict
- Kallon was found guilty by the Trial Chamber on 2 March 2009 of: - Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes 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 war crimes
- sentencing
- Kallon was sentenced to 40 years’ imprisonment.
- Appeals chamber verdict
- The convictions concerning sexual violence were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
This is free software. Created with LinkAhead
and Django. Licenced under AGPL version 3.0 (Sources).