Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 14 results.

  • Jurisprudence judicial mechanism

    The Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, Japan – Comfort Women Case

    Country
    Japan
    Keywords
    Comfort Women Sexual Slavery Forced Prostitution Rape Sexual Violence against Girls Women Rights World War II

    Reference link
    http://www.asser.nl/upload/documents/DomCLIC/Docs/NLP/Japan/Comfort_Women_Judgement_04-12-2001_part_1.pdf
    Type of mechanism
    Military Tribunal
    Name of mechanism
    Women’s International Tribunal on Japanese Military Sexual Slavery
    Name of accused
    Emperor Hirohito Showa, Ando Rikichi, Hata Shunroku, Itagaki Seishiro, Kobayashi Seizo, Matsui Iwane, Umezu Yoshijiro, Terauchi Hisaichi, Tojo Hideki, Yamashita Tomoyuki, The Government of Japan
    Charges
    Participating, aiding and abetting of the Japanese army’s so called “comfort system”. This allegedly state-sanctioned system included mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories.
    Trial chamber verdict
    The Tribunal found that due to its widespread and organised structure, the “comfort system” was facilitating rape and sexual slavery of tens of thousands of girls and women and essentially qualified as state-sanctioned system of rape and enslavement. The Trial furthermore concluded that all elements of a crime against humanity had been fulfilled.The Tribunal found all nine high-ranking military and government officials, as well as Emperor Hirohito, guilty of rape and sexual slavery as crimes against humanity. Emperor Hirohito was also found guilty by way of his superior responsibility for mass rape committed at a Filipino village. The Tribunal furthermore found the Japanese government responsible for the harm inflicted by the “comfort system”.
    sentencing
    All accused were already dead by the time the trial was held.
    Status
    2715
    Case number
    PT-2000-1-T
    Reparations / awards
    The Tribunal emphasised that while it has no power to enforce its judgment and consequently reparations and compensations, it does have moral authority, which should be enough to ensure enforcement by the national governments and the international community (paras. 1086-1088).

  • Literature

    Tarnaala, Elisa - Legacies of Violence and the Unfinished Past: Women in Post-Demobilization Colombia and Guatemala

    Year
    2019
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Colombia, Guatemala
    Keywords
    Demobilisation Historical Legacies Peacebuilding Transitional Justice Forced Prostitution

    Reference link
    http://www.tandfonline.com/doi/full/10.1080/21647259.2018.1469340
    Full reference
    Elisa Tarnaala, “Legacies of Violence and the Unfinished Past: Women in Post-Demobilization Colombia and Guatemala”, in Peacebuilding, 2019, vol. 7, no. 1, pp. 103-117.
    Type of literature
    Journal Article
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes

  • Literature

    Schabas, William A. - International Prosecution of Sexual and Gender-Based Crimes Perpetrated during the First World War

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://booksandjournals.brillonline.com/content/books/b9789004352063s018
    Full reference
    William A. Schabas, “International Prosecution of Sexual and Gender-Based Crimes Perpetrated During the First World War”, in Martin Böse, Michael Bohlander, André Klip and Otto Lagodny (eds.), Justice Without Borders: Essays in Honour of Wolfgang Schomburg, Brill Nijhoff, Leiden and Boston, 2018, pp. 395-410.
    Type of literature
    Chapter in Book
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Schabas, William A.

  • 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

  • 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 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

    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

    Oosterveld, Valerie - Sexual Slavery and the International Criminal Court...

    Year
    2003
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia, Sierra Leone
    Keywords
    Forced Prostitution Rome Statute Pecuniary Exchange

    Reference link
    https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=1264&context=mjil
    Full reference
    Oosterveld, Valerie, "Sexual Slavery and the International Criminal Court: Advancing International Law", in Mich. J. Int'l L., 2003, vol. 25, no. 3, pp. 605-651.
    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
    International Criminal Tribunal/Court, Hybrid court
    Name of mechanism
    International Criminal Court, International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    ICTY - Mlado Radic (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Nudity Joint Criminal Enterprise (JCE) Attempted Rape Threat of Rape Forced to watch Rape Forced Prostitution Akayesu Kunarac

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mlado Radic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE) for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a crime against humanity, rape as a crime against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp.
    Trial chamber verdict
    Radic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Radic was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime - Torture as a crime against humanity, - Rape as a crime against humanity and - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Radic received a sentence of 20 years’ imprisonment on 28 February 2005.
    Appeals chamber verdict
    The conviction was upheld by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milojica Kos
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    Trial chamber verdict
    Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
    Appeals chamber verdict
    No appeal in this case.
    Status
    2715
    Case number
    IT-98-30/1

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