Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 24 results.

  • Literature

    Kalosieh, Adrienne - Consent to Genocide?...

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Consent Ethnic Cleansing Coercion

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/worts24&div=15&id=&page=
    Full reference
    Kalosieh, Adrienne, "Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca", in 24 Women’s Rights Law Reporter, 2003, vol. 24, no. 121, pp. 121-135.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalosieh, Adrienne
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Miller, Alexandra A. - From the International Criminal Tribunal for Rwanda...

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Genocide Akayesu

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/dlr108&div=25&id=&page=
    Full reference
    Miller, Alexandra A., "From the International Criminal Tribunal for Rwanda to the International Criminal Court: Expanding the Definition of Genocide to Include Rape", in Penn State Law Review, 2003, vol. 108, pp. 349-373.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Miller, Alexandra A.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Court

  • Literature

    Russel-Brown, Sherrie L. - Rape as an Act of Genocide

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Genocidal Rape Akayesu War Crimes

    Reference link
    https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1241&context=bjil
    Full reference
    Russell-Brown, Sherrie L., "Rape as an Act of Genocide", in Berkeley Journal of International Law, 2003, vol. 21, no. 2, pp. 350-374.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Russell-Brown, Sherrie L.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Milos Jokic

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Genocidal Rape

    Reference link
    http://www.balkaninsight.com/en/article/serbs-acquitted-of-war-rapes-in-kosovo
    Type of mechanism
    District Court
    Name of mechanism
    Gjilan/Gnjilane District Court
    Name of accused
    Milos Jokic
    Charges
    Jokic was charged with genocide, including with: - the rape of a Kosovo Albanian female on 30 May 1999. On the first day of trial the prosecutor filed an amended indictment which included this allegation of rape.
    Trial chamber verdict
    The trial took place in Gjilan/Gnjilane District Court, between 15 May and 20 September 2000, before a majority local panel (with one international judge), and with a local public prosecutor, which convicted Jokic of war crimes, including rape, FRY Criminal Code 142, and sentenced him to 20 years’ imprisonment.
    Appeals chamber verdict
    On 26 April 2001 the Supreme Court reversed the conviction on the grounds that the District Court had failed to consider the evidence carefully and had failed to call Defense witnesses. The case was remanded back to the Gjilan/Gnjilane District Court. A majority international UNMIK panel and an international UNMIK prosecutor handled the retrial of the case. On 3 May 2002, the panel found Jokic not guilty on all counts on the grounds that the eye-witness identification was not credible.
    Status
    2715

  • Jurisprudence judicial mechanism

    ICTR - Alfred Musema

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Akayesu Crimes Against Humanity Genocidal Rape Mutilation

    Reference link
    http://www.unictr.org/en/cases/ictr-96-13
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Alfred Musema
    Charges
    Causing serious bodily and mental harm as genocide under Article 6(1) (committing and aiding and abetting), including raping a young Tutsi woman named Nyiramusugi, and rape as a crime against humanity under Article 6(1) (committing) for raping Nyiramusugi.
    Trial chamber verdict
    Musema was convicted by the Trial Chamber (on 27 January 2000) for causing serious bodily and mental harm as genocide.
    sentencing
    The Appeals Chamber confirmed the sentence of life imprisonment.
    Appeals chamber verdict
    The convictions were reversed on appeal. The Appeals Chamber heard out-of-court statements of Witnesses CB and EB. It held that if these testimonies had been available at trial, there would have been a reasonable doubt as to the guilt of Musema with respect to the rape of Nyiramusugi. It thus found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity.
    Status
    2715
    Case number
    ICTR-96-13

  • Literature

    Copelon, Ronda - Gender Crimes as War Crimes...

    Year
    2000
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Japan, Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Comfort Women Gender Violence NGO Prosecution

    Reference link
    https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Ficcwomen.org%2Fpublications%2Farticles%2Fdocs%2FGender_Crimes_as_War_Crimes.doc
    Full reference
    Copelon, Ronda, "Gender Crimes as War Crimes: Integrating Crimes against Women into International Criminal Law", in McGill Law Journal, vol. 46, no. 1, 2000, pp. 217-240.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Copelon, Ronda
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    ICTR - Omar Serushago

    Year
    2000
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Tutsi Militia Plea Agreement Genocide Genocidal Rape

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-39
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Omar Serushago
    Charges
    Serushago was charged with genocide and murder, extermination, torture and rape as crimes against humanity. With regard to rape as a crime against humanity he was charged under Article 6(3) (command responsibility) for: (i) the rape of a Tutsi victim at the Commune Rouge in Gisenyi by Bernard Munyagishari in the presence of Serushago at the end of April 1994; and (ii) between April and July 1994, subordinates of Serushago, including Damas, Michel and Migendo, raped or sexually assaulted Tutsi women with the knowledge of Serushago.
    Trial chamber verdict
    As Serushago pleaded guilty, the Trial Chamber found him guilty of genocide and murder, extermination and torture as crimes against humanity.
    sentencing
    Serushago received a sentence of 15 years’ imprisonment on 14 February 2000. He was granted early release on 13 December 2012.
    Appeals chamber verdict
    The Appeals Chamber dismissed both ground of Appeal (Failure to give due weight to the mitigating factors in his case Manifestly excessive sentence) and upheld the Trial Chamber's sentence.
    Status
    2715
    Case number
    ICTR-98-39-T

  • Literature

    Karagiannakis, Magdalini - The Definition of Rape and Its Characterization...

    Year
    1999
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Akayesu

    Reference link
    https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/case-analysis-the-definition-of-rape-and-its-characterization-as-an-act-of-genocide-a-review-of-the-jurisprudence-of-the-international-criminal-tribunals-for-rwanda-and-the-former-yugoslavia/345293F0173D281436533267A9085638
    Full reference
    Karagiannakis, Magdalini, "The Definition of Rape and Its Characterization as an Act of Genocide – A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the former Yugoslavia", in Leiden Journal of International Law, 1999, vol. 12, no. 2, pp. 479-490.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Karagiannakis, Magdalini
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Salzman, Todd A. - Rape Camps as a Means of Ethnic Cleansing...

    Year
    1998
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Ethnic Cleansing Rape as a Weapon of War Forced Pregnancy Genocidal Rape Camp

    Reference link
    https://www.jstor.org/stable/pdf/762769.pdf?seq=1#page_scan_tab_contents
    Full reference
    Salzman, Todd A., "Rape Camps as a Means of Ethnic Cleansing: Religious, Cultural, and Ethical Responses to Rape Victims in the former Yugoslavia", in Human Rights Quarterly, 1998, vol. 20, no. 2, pp. 348-378.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Salzman, Todd A.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Fischer, Siobhan K. - Occupation of the Womb: Forced Impregnation as Genocide

    Year
    1996
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Genocidal Rape Forced Impregnation Humanitarian Law Ethnicity

    Reference link
    https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=3320&context=dlj
    Full reference
    Fischer, Siobhan K., Occupation of the Womb: Forced Impregnation as Genocide, in Duke Law Journal, 1996, vol. 46, no. 1, pp. 91-133.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Fischer, Siobhan K.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

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