Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 46 results.
-
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
-
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
-
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
-
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)
-
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
-
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)
-
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
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