Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 25 of 25 results.

  • Jurisprudence judicial mechanism

    MICT - Protais Mpiranya

    Issues
    Sexual Violence against Children Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape with Foreign Objects Forced Nudity Desecration of Corpse

    Reference link
    http://www.unmict.org/en/cases/mict-12-02
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Protais Mpiranya
    Charges
    On the basis of the amended indictment of 3 August 2012 (made public on 4 June 2013), Mpiranya is charged with the following sexual violence crimes (as alleged in paragraphs 47-56 and 63 of the indictment, including the rapes of Tutsi women and children by soldiers of the Presidential Guard Battalion and members of the Interahamwe in the Kimihurura sector in Kigali and the desecration of Agathe Uwilingiyimana’s corpse by thrusting a bottle of soda into her vagina and leaving her naked body on display): - Genocide under Article 6(1) (JCE I) and Article 6(3) (command responsibility) [NB. It seems that only killing (Article 2(3)(a)) as genocide is charged, even though the rapes are also subsumed under the genocide charge]. - Complicity in genocide on the basis of Article 2(3)(e) (in the alternative of genocide) under Article 6(1) (JCE I) and 6(3). - Rape as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) and 6(3). - Persecution as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3). - Other inhumane acts as crimes against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3).
    Status
    2778
    Case number
    MICT-12-02

  • Jurisprudence non-judicial mechanisms

    Peruvian Truth and Reconciliation Commission

    Country
    Peru
    Keywords
    Forced Prostitution Forced Pregnancy Forced Nudity Rape Torture

    Research focus
    Inequality and Discrimination against Women during Armed Conflict
    Type of mechanism
    Truth Commission
    Name of mechanism
    Peruvian Truth and Reconciliation Commission
    Status
    2715
    Findings
    The TRC found that cases of sexual violence against women were significantly rarer than those of other human rights violations. As in South Africa, however, victims’ feelings of guilt and shame may have led to underreporting. Another reason for the underrepresentation was that much of the sexual violence occurred in the context of other human rights violations, such as massacres, arbitrary detentions, summary executions, and torture. Such abuses tend to overshadow cases of sexual violence, even where the sexual violence can be discerned. The TRC found no evidence of criminal prosecutions of members of the army or the police who committed sexual abuses; nor did it uncover information indicating that complaints filed by victims of sexual violence had been investigated. Sexually abused women often were discriminated against by their own communities and families. This hostile environment made it very difficult for victims to denounce the crimes.
    Recommendations
    It recommended that women who assumed leadership roles during the armed conflict should be recognized appropriately. Concerning health reparations, the TRC suggested that the state should identify the specific needs of women, especially in mental health. It also recommended that the impact of violence in families and gender relationships should be identified.
    Date of report / release
    1903-08-28
    Reparations / awards
    The final report included a comprehensive plan of reparations (PIR) for victims of the violence. The TRC recognized the importance of the gender perspective in the PIR and the need for equal participation of men and women in its implementation. The PIR included symbolic reparations like public gestures, acts of acknowledgement, memorials, and sites of memory. The TRC urged that abuses and crimes against women should be explicitly mentioned in all such events. Finally, the TRC proposed economic reparations for victims of rape and children born as a result of rape.

  • Literature

    Sivakumaran, Sandesh - Prosecuting Sexual Violence against Men and Boys

    Year
    2013
    Issues
    Sexual Violence against Men Female Perpetrators of Sexual Violence

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Sivakumaran, Sandesh, "Prosecuting Sexual Violence against Men and Boys", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 79-97.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Sivakumaran, Sandesh

  • Literature

    Sivakumaran, Sandesh - Sexual Violence Against Men in Armed Conflict

    Year
    2007
    Issues
    Sexual Violence against Men
    Country
    Iraq, Democratic Republic of Congo (DRC)
    Keywords
    Sexual Violence against Men/Boys Forced Sterilization Forced Nudity Homosexuality Forced Masturbation

    Reference link
    http://ejil.org/pdfs/18/2/224.pdf
    Full reference
    Sivakumaran, Sandesh, "Sexual Violence Against Men in Armed Conflict", in The European Journal of International Law, 2007, vol. 18, no. 2, pp. 253-276.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Sivakumaran, Sandesh

  • Jurisprudence judicial mechanism

    USA Court Martial - Lynndie R. England

    Year
    2005
    Issues
    Sexual Violence against Men Female Perpetrators of Sexual Violence
    Country
    United States of America
    Keywords
    Acts of a Sexual Nature Forced Nudity Humiliating and Degrading Treatment Prisoners of War

    Reference link
    https://trialinternational.org/latest-post/lynndie-r-england/
    Type of mechanism
    US courts-martial
    Name of mechanism
    USA Court Martial
    Name of accused
    Lynndie R. England
    Charges
    England was charged with seven counts of conspiracy, maltreatment and committing an indecent act of Iraqi prisoners, including an episode when she was photographed holding a strap tied as a leash around a naked detainee’s neck.
    Trial chamber verdict
    On 26 September 2005, England was found guilty of six out of seven counts of conspiracy, maltreatment and committing an indecent act. [Two others, including Private England’s former boyfriend Private Charles A. Graner Jr., who previously held the ranks of specialist and corporal, were convicted in trials, and the other six reached plea deals. Graner said that, at the time, he told officers about detainee maltreatment, which he claimed was done by order of military intelligence personnel. And at times, he said, military intelligence officers actually were present for the abuse.]
    sentencing
    England was sentenced to three years for her crimes and given a dishonorable discharge.
    Status
    2715

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