Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 14 of 14 results.

  • 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

    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

  • 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).

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).