Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 14 of 14 results.

  • 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

  • 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)

  • 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.

  • 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).

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