Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 9 results.
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Jurisprudence judicial mechanism
Higher Regional Court of Stuttgart - Ignace Murwanashyaka (“Murwanashyaka and Musoni”)
- Year
- 2015
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Socio-cultural Context of Sexual Violence
- Country
- Democratic Republic of Congo (DRC), Germany
- Keywords
- Withdrawal of Charges Child Soldiers Gang Rape Traumatization Vulnerability
- Reference link
- Link 1 Link 2
- Type of mechanism
- Domestic court
- Name of mechanism
- Higher Regional Court of Stuttgart
- Name of accused
- Ignace Murwanashyaka
- Charges
- Murwanashyaka was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
- sentencing
- On 28 September 2015, Murwanashyaka was convicted for the remaining charges and received a sentence of 13 years in prison.
- Status
- 2715
-
Jurisprudence judicial mechanism
Higher Regional Court of Stuttgart - Straton Musoni (“Murwanashyaka and Musoni”)
- Year
- 2015
- Issues
- Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
- Country
- Democratic Republic of Congo (DRC), Germany
- Keywords
- Withdrawal of Charges Vulnerability Traumatization Gang Rape Child Soldiers
- Reference link
- Link 1 Link 2
- Type of mechanism
- Domestic court
- Name of mechanism
- Higher Regional Court of Stuttgart
- Name of accused
- Straton Musoni
- Charges
- Musoni was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
- sentencing
- On 28 September 2015, Musoni was convicted for the remaining charges and received a sentence of 8 years in prison.
- Status
- 2715
-
Jurisprudence judicial mechanism
Military Court in Bukavu - Bedi Mobuli Engangela
- Year
- 2014
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Witness Protection Gang Rape Militia
- Reference link
- https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15436&LangID=E
- Type of mechanism
- Military Tribunal
- Name of mechanism
- Military Court in Bukavu
- Name of accused
- Bedi Mobuli Engangela
- Charges
- Engangela was charged with crimes against humanity, including rape and sexual slavery for crimes committed in eastern DRC between 2005 and 2007 during which period he had deserted to lead a militia that attacked several villages.
- Trial chamber verdict
- On 15 December 2014, the military court found Engangela guilty of crimes against humanity, including (gang) rape and sexual slavery. A total of 80 victims testified in this trial, of which 31 were victims of sexual violence.
- sentencing
- Engangela was sentenced to life imprisonment (for murder, he received life imprisonment; for rape 20 years’ imprisonment; for sexual slavery and other inhuman actions 15 years’ imprisonment).
- Status
- 2715
-
Literature
Kramer, Sophie - Forced Marriage and the Absence of Gang Rape
- Year
- 2012
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Uganda
- Keywords
- Gang Rape Forced Marriage Soldiers Sexual War Violence Attack against a Civilian Population
- Reference link
- https://academiccommons.columbia.edu/doi/10.7916/D8QC01G1
- Full reference
- Kramer, Sophie, "Forced Marriage and the Absence of Gang Rape: Explaining Sexual Violence by the Lord’s Resistance Army in Northern Uganda", in The Journal of Politics and Society, 2012, vol. 23, no. 10, pp. 11-49.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Kramer, Sophie
-
Jurisprudence judicial mechanism
USA Court of Appeals for the Sixth Circuit - Steven D. Green (“Al-Mahmudiyah massacre”)
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- United States of America
- Keywords
- Rape War Crimes Child Sex Abuse/Molestation Children under 15 Children in Armed Conflict Civilian Gang Rape
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1197
- Type of mechanism
- Domestic court
- Name of mechanism
- USA Court of Appeals for the Sixth Circuit
- Name of accused
- Steven D. Green
- Charges
- Green was charged with several crimes of murder and aggravated sexual abuse (of a child) under the Military Extraterritorial Jurisdiction Act (MEJA).
- Trial chamber verdict
- On 7 May 2009, the jury found him guilty of rape and murder.
- sentencing
- Green received a life sentence without parole on 4 September 2009. he persuambly committed suicide and was found dead in his prison on 18 February 2014. [Of the four other soldiers involved in the crimes, three pleaded guilty in court-martial proceedings: Spc. James P. Barker and Sgt. Paul E. Cortez were sentenced to 90 and 100 years respectively, while Pfc. Bryan L. Howard, who had prior knowledge of the plans, was sentenced to 27 months in jail. The fourth, Pfc. Jesse V. Spielman, was convicted by a military jury and sentenced to 110 years.]
- Appeals chamber verdict
- The US Court of Appeals upheld his conviction on 16 August 2011.
- Status
- 2715
- Case number
- 09-6108/6123
-
Jurisprudence judicial mechanism
USA Supreme Court - Emmanuel Constant (“Doe v. Constant”)
- Year
- 2010
- Issues
- Sentencing and Reparations
- Country
- United States of America
- Keywords
- Forced to watch Rape Forced Rape of Family Members Gang Rape Terrorism
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1116
- Type of mechanism
- Domestic court
- Name of mechanism
- US Supreme Court
- Name of accused
- Emmanuel Constant
- Charges
- Torture, crimes against humanity and the systematic use of violence against women (including rape in 2006) under the Alien Tort Statute and the Torture Victim Protection Act.
- Trial chamber verdict
- On 16 August 2006, the Court found Constant guilty of torture, crimes against humanity and the systematic use of violence against women (including rape in 2006).
- sentencing
- Appeals chamber verdict
- Constant appealed the decision to the U.S. Court of Appeals for the Second Circuit. On December 1, 2009, the Second Circuit rejected Constant’s appeal and upheld the $19 million judgment against him. Constant filed a petition for panel rehearing or rehearing en banc by the full Second Circuit Court of Appeals, which was denied on February 23, 2010. Finally, on October 4, 2010 the U.S. Supreme Court issued an order denying Constant’s petition for a writ of certiorari.
- Status
- 2715
- Case number
- 08-4827-cv
- Reparations / awards
- <span style="text-align: justify; line-height: 13.8px;">Constant was ordered to pay $19 million in compensatory and punitive damages to three women who survived the crimes committed under his control.</span>
-
Jurisprudence judicial mechanism
ICTY - Dusko Tadic (“Prijedor”)
- Year
- 2000
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Forced Oral Sex Mutilation Insufficient Evidence Gang Rape Aiding and Abetting Rape/Sexual Violence in Detention
- Reference link
- http://www.icty.org/cases/party/787/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dusko Tadic
- Charges
- - Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner.- Persecution as a crime against humanity as far as the sexual violence crimes were concerned.
- Trial chamber verdict
- Tadic was found guilty by the Trial Chamber on 7 May 1997 of:- Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity Tadic was found not guilty by the Trial Chamber of:- Persecution as a crime against humanity as far as the sexual violence crimes were concerned. According to the Trial Chamber there was insufficient evidence regarding Tadic’s participation in sexual assault and torture inflicted through gang-rapes.
- sentencing
- Tadic was sentenced to 20 years’ imprisonment on 26 January 2000.
- Appeals chamber verdict
- The Appeals Chamber found Tadic on 15 July 1999 additionally guilty of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner as it was not established that the victims were protected persons. Thus, for the same acts as he was found guilty by the Trial Chamber.
- Status
- 2715
- Case number
- IT-94-1
-
Jurisprudence judicial mechanism
ICC - Situation in Central African Republic II
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Role of Non-state Actors in Perpetrating Violence
- Country
- Central African Republic (CAR)
- Keywords
- Gang Rape Gender Jurisprudence Vulnerability Pregnant Victim Investigation
- Reference link
- https://www.icc-cpi.int/car
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Charges
- The information available provides a reasonable basis to believe that both the Seleka and the anti-balaka groups have committed crimes against humanity and war crimes, including: - Rape as a war crime (Article 8(2)(e)(vi)); - Rape as a crime against humanity; - Persecution as a crime against humanity in connection with alleged crimes of murder, rape and deportation or forcible transfer of population.
- Status
- 2778
- Case number
- ICC-01/14
-
Jurisprudence judicial mechanism
ICTR - Ildephonse Nizeyimana
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Gang Rape Genocide Tutsi War Crimes
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-55c
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Ildephonse Nizeyimana
- Charges
- The charges concerned:Causing serious bodily or mental harm as genocide, rape as a crime against humanity and rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Articles 6(1) and 6(3) for: (i) ordering FAR soldiers, gendarmes and officers stationed at both Ngoma Camp and ESO to rape tutsi women and for the subsequent rapes (ordering); and for (ii) ordering or instigating soldiers from the FAR, ESO, Ngoma Camp, Butare Gendarmerie Camp and Interahamwe militia to rape Tutsi women at Butare Hospital, Butare University and at various locations in Butare prefecture, including the residence of Rosalie Gicanda, and for the subsequent rapes, including the multiple rapes and gang-rapes of MKA, ZBL, BUQ, BJW and DCO (ordering or instigating).
- Trial chamber verdict
- Although Nizeyimana was charged with sexual violence crimes, the Trial Chamber (on 19 June 2012) held that no factual allegations supporting Nizeyimana’s liability for these crimes had been proven. Therefore, the counts were dismissed.
- sentencing
- Nizeyimana was sentenced to 35 years’ imprisonment on 29 September 2014 (for other charges).
- Appeals chamber verdict
- The Prosecution partly appealed these findings on sexual violence. However, the Appeals Chamber found that the Prosecution had failed to show that the Trial Chamber erred in finding that the perpetrators of the rapes at Butare Hospital were not sufficiently identified as ESO soldiers and, therefore, that it could not hold Nizeyimana liable as a superior on this basis. For these reasons, the Appeals Chamber needed not to consider the Prosecution’s arguments on whether Nizeyimana failed to prevent or punish his subordinates for the rapes committed at Butare Hospital. Based on the foregoing, the Appeals Chamber dismissed the Prosecution’s ground of Appeal.
- Status
- 2715
- Case number
- ICTR-00-55C
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