Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 14 results.
  • 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.

  • Literature

    Borch, Fred L. - Military Trials of War Criminals in the Netherlands East Indies 1946-1949

    Year
    2017
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Netherlands, Indonesia, Japan
    Keywords
    Forced Prostitution War Crimes World War II

    Reference link
    https://global.oup.com/academic/product/military-trials-of-war-criminals-in-the-netherlands-east-indies-1946-1949-9780198777168?cc=de&lang=en&
    Full reference
    Fred L. Borch, Military Trials of War Criminals in the Netherlands East Indies 1946-1949, Oxford University Press, 2017.
    Type of literature
    Book
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Borch, Fred L.

  • Literature

    Amicus Curiae Human Rights Center et al. - International Experts...

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Chad
    Keywords
    Forced Prostitution Sexual Slavery Inhuman Treatment Torture Rape, Outrages upon Personal Dignity Principle of Legality Criminalization

    Reference link
    https://www.law.berkeley.edu/wp-content/uploads/2015/04/MICUS-CURIAE-BRIEF-OF-THE-HUMAN-RIGHTS-CENTER-AT-THE-UNIVERSITY-OF-CALIFORNIA-BERKELEY-SCHOOL-OF-LAW-AND-INTERNATIONAL-EXPERTS-ON-SEXUAL-VIOLENCE-UNDER-INTERNATIONAL-CRIMINAL-LAW-Eng.pdf
    Full reference
    Amicus Curiae Human Rights Center, University of California, Berkeley, School of Law, and International Experts on Sexual Violence under International Criminal Law, "Rape and other forms of sexual violence as crimes against humanity, war crimes, and torture under customary international law", A filing before the Extraordinary African Chambers seated at the Court of Appeals, Dakar, Senegal, 8 December 2015.
    Type of literature
    Grey Literature
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Amicus Curiae Human Rights Center
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • 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

    Drinck, Barbara and Gross, Chung-Noh – Forced Prostitution in Wartime and Peacetime: Sexual Violence against Women and Girls

    Year
    2007
    Issues
    Sexual Violence against Children Socio-cultural Context of Sexual Violence Victims of Sexual Violence
    Country
    Bosnia, Kosovo, Japan
    Keywords
    Sexual Enslavement Comfort Women Forced Prostitution Sexual Slavery

    Reference link
    http://www.academia.edu/22417309/Forced_Prostitution_in_National_Socialist_Concentration_Camps_The_Example_Auschwitz
    Full reference
    Barbara Drinck, Chung-Noh Gross (eds.), Forced Prostitution in Wartime and Peacetime: Sexual Violence against Women and Girls, Kleine Verlag, Bielefeld, 2007.
    Type of literature
    Book
    Research focus
    Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict

  • Jurisprudence judicial mechanism

    ICTY - Dragoljub Prcac (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

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

    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
    Dragoljub Prcac
    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
    Prcac was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Prcac 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
    Prcac was sentenced to 5 years’ imprisonment.
    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 - 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

  • 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)

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