Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 46 results.
  • Literature

    Oosterveld, Valerie - Gender and the Charles Taylor Case...

    Year
    2012
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Outrages upon Personal Dignity Responsibility Enslavement

    Reference link
    https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1110&context=lawpub
    Full reference
    Oosterveld, Valerie, "Gender and the Charles Taylor Case at the Special Court for Sierra Leone", in Wm. & Mary J. Women & L., 2012-2013, vol. 19, no. 7, pp. 7-33.
    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)

  • Literature

    Oosterveld, Valerie – Gender-Based Crimes against Humanity

    Year
    2011
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes

    Reference link
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1885721
    Full reference
    Valerie Oosterveld, “Gender-Based Crimes against Humanity”, in Leila N. Sadat (ed.), Forging a Convention for Crimes against Humanity, Cambridge University Press, 2011, pp. 78-101.
    Type of literature
    Chapter in 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
    Author
    Oosterveld, Valerie

  • 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)

  • 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 - 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 - 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 - 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 - Charles Ghankay Taylor

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
    Country
    Sierra Leone
    Keywords
    Forced Marriage Aiding and Abetting Superior Responsibility Conjugal Slavery AFRC RUF

    Reference link
    http://www.rscsl.org/Taylor.html
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)
    Name of accused
    Charles Ghankay Taylor
    Charges
    Taylor faced an eleven count indictment, including; - crimes against humanity of rape and sexual slavery - war crime of outrages upon personal dignity. -war crime of committing acts of terror, carried out by, inter alia, sexual violence. He was not accused of carrying out these crimes himself; rather, he was charged with assisting and encouraging, acting in concert with, directing, controlling and/or being the superior of the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the joint RUF-AFRC junta and/or Liberian fighters.
    Trial chamber verdict
    On 26 April 2012 the Trial Chamber found Taylor guilty on all eleven counts charged, including the charges that incorporated sexual violence crimes, as an aider and abettor of crimes committed by rebel forces in Sierra Leone.
    sentencing
    Taylor was sentenced to 50 years’ imprisonment.
    Appeals chamber verdict
    The Appeals Chamber, on 26 September 2013, upheld Taylor’s conviction and 50 years’ sentence.
    Status
    2715
    Case number
    SCSL-03-01

  • 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 - 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

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