Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 13 results.
-
Literature
Bringedal Houge, Anette - Re-presentations of Defendant Perpetrators...
- Year
- 2015
- Issues
- Sexual Violence as a Weapon of War Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://doi.org/10.1093/bjc/azv065
- Full reference
- Bringedal Houge, Anette, "Re-presentations of Defendant Perpetrators in Sexual War Violence Cases before International and Military Criminal Courts", in Brit. J. Criminol., 2015, vol. 56, no.3, pp. 1-19.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Bringedal Houge, Anette
- Type of mechanism
- US courts-martial, International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
Boesten, Jelke - Sexual Violence during War and Peace...
- Year
- 2014
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Peru
- Keywords
- Impunity International Convention Humiliating and Degrading Treatment Peace
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/14616742.2015.1015795?journalCode=rfjp20
- Full reference
- Boesten, Jelke, Sexual Violence during War and Peace: Gender, Power, and Post-Conflict Justice in Peru, New York: Palgrave MacMillan and Unites States University of Peace Press, 2014.
- Type of literature
- Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Boesten, Jelke
-
Literature
Solangon, Sarah and Patel, Preeti - Sexual Violence Against Men...
- Year
- 2012
- Issues
- Sexual Violence against Men
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/14678802.2012.724794
- Full reference
- Solangon, Sarah, and Preeti Patel, "Sexual Violence Against Men in Countries Affected by Armed Conflict", in Conflict, Security & Development, 2012, vol. 12, no. 4, pp. 417-442.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Solangon, Sarah and Patel, Preeti
-
Literature
Chu, Sandra K.H. et al. - Survivors of Sexual Violence in Conflict...
- Year
- 2011
- Issues
- Socio-cultural Context of Sexual Violence
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Chu, Sandra Ka Hon, Anne-Marie de Brouwer and Renée Römkens, "Survivors of Sexual Violence in Conflict: Challenges in Prevention and International Criminal Prosecution", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 529-561.
- Type of literature
- Chapter in Book
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Chu, Sandra K.H.; De Brouwer, Anne-Marie and Römkens, Renée
-
Jurisprudence judicial mechanism
Oslo District Court - Mirsad Repak
- Year
- 2008
- Issues
- Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Norway
- Keywords
- Acquittal Domestic Law Humiliating and Degrading Treatment Rape/Sexual Violence in Detention Complicity Reparation Detention Centers Foreseeable Consequence
- Reference link
- http://www.internationalcrimesdatabase.org/Case/36
- Type of mechanism
- Domestic court
- Name of mechanism
- Oslo District Court
- Name of accused
- Mirsad Repak
- Charges
- Repak was charged with crimes against humanity and war crimes, which both included sexual violence (including of both women and men) under Article 97 of the Norwegian Constitution.
- Trial chamber verdict
- The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, including rape (paras. 158-164), but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992.
- sentencing
- Repak was sentenced to five years’ imprisonment.
- Appeals chamber verdict
- On 11 March 2010, the Norway Court of Appeal reduced Repak’s sentence from 5 to 4,5 years’ imprisonment. On 3 December 2010 the Supreme Court of Norway overturned the conviction against Repak and finally released him. The Supreme Court ruled that the Law on War Crimes of March 2008 could not be applied retroactively to acts committed in 1992. The Court concluded that the retroactive application of the Law on War Crimes would violate Article 97 of the Norwegian Constitution. He was thus acquitted for the charges of war crimes. However, on 14 April 2011, the Supreme Court of Norway found him guilty for unlawful deprivation of liberty and detention of civilians in violation of Section 223(1) and (2) of the 1905 Norwegian Penal Code and sentenced him to eight years in prison. Repak was found guilty on thirteen counts. The indictment charged him with taking part in depriving civilians of liberty and detaining them at the Dretelj detention camp and severe mistreatment of detainees, including sexual abuse, brutal violence, intimidation and humiliation, and deprivation of adequate access to food. The Court concluded that Repak had acted with intent or complicity in the offences, or alternatively could have foreseen the consequences regarding the atrocities suffered by the victims, a level sufficient to find guilt under Section 43 of the Penal Code. According to the sentencing Judge, Repak ‘played a central role in allowing the extensive and sometimes extremely brutal atrocities against the 13 victims to take place’.
- Status
- 2715
- Case number
- 08-018985MED-OTIR/08
- Reparations / awards
- Repak was ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims. However, as far as compensation to victims of sexual violence is concerned, the Court ruled that “As regards compensation of economic loss, it is essential for the Court to emphasize that the defendant is only liable for damages where there is a causal relationship between the acts of the defendant and the damage. This means that the defendant is not liable to pay compensation for the extensive damage caused by rapes and gross violence committed by others.”
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Boban Simsic
- Year
- 2007
- Country
- Bosnia Herzegovina
- Keywords
- Detention Centers Humiliating and Degrading Treatment Persecution on Sexual Grounds Rape Sexual Violence, Persecution Sexual Violence, Torture Aiding
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1187
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Boban Simsic
- Charges
- Simsic was charged on 8 July 2005 (indictment confirmed) with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of Bosnia and Herzegovina) for: (i) in the second half of June 1992, at the Fire Brigade premises in Višegrad, together with two Serbian soldiers, taking part in the harassment and rapes of ten girls and women of Bosniak ethnicity; (ii) whenSimsic was a guard at the facility of the Hasan Veletovac elementary school during the second half of June 1992, when Bosniak civilians were detained at the school, Simsic either on his own or together with other members of the Serbian army, police and paramilitary formations took part in the rape of a number of girls and young women.
- Trial chamber verdict
- On 11 July 2006, the Court rendered the first instance verdict finding the accused guilty of persecution as a crime against humanity, including sexual violence and sentencing him to 5 years’ imprisonment. The panel found the accused guilty of aiding in the enforced disappearance and rape of Bosniak civilians in the Hasan Veletovac school premises in Visegrad, which occurred as part of a widespread and systematic attack by the Serb Army, police and paramilitary groups directed against the Bosniac civilian population in the area of Visegrad between April and July 1992. The panel, however, found the accused not guilty of participation in attacks on villages Zljieb, Velji Lug and Kuka (municipality of Visegrad), illegal arrests and confinement, murder, rape, torture and infliction of serious injury or physical suffering to, and seizure of property of confined Bosniak civilians in the area of Visegrad between April and July 1992.
- sentencing
- At first instance Simsic was sentenced to 5 years' imprisonment. This, however, was increased to 14 year by the Appellate Panel.
- Appeals chamber verdict
- On 5 January 2007, the Appellate Panel rendered a decision upholding the appeals filed by the Prosecutor’s Office of BiH and Defense and revoking the Trial Panel’s verdict. The same decision orders a retrial before the Appellate Panel. On 14 August 2007, the Appellate Panel handed down the final verdict finding Simsic guilty of persecution as a crime against humanity, including sexual violence and sentencing him to 14 years’ imprisonment. The Appellate Panel found that in the second half of June 1992, as a guard securing several hundred detained Bosniak civilians in the Hasan Veletovac Elementary School, together with other members of the Serb army, police, and paramilitary formations, Simsic participated in killings, enforced disappearance, and torture of detainees. He also aided in the coercing of girls and young women to sexual intercourse. In addition, on several occasions, Simsic took girls and younger women to other members of the Serb army who perpetrated multiple rapes, beatings and humiliation on them. Simsic was acquitted of the count which alleged that, on an undetermined date in the second half of June 1992, he took five girls and five younger women from the room in which Bosniak civilians were detained in the Fire Station in Visegrad, moving them to another room where, together with two Serb soldiers, he beat them and took turns raping them.
- Status
- 2715
- Case number
- X-KRZ-05/04
-
Jurisprudence judicial mechanism
ICTY - Dragan Zelenovic (“Foca”)
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Sexual Assault/Attack/Abuse Humiliating and Degrading Treatment Aiding and Abetting Co-perpetration
- Reference link
- http://www.icty.org/cases/party/794/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragan Zelenovic
- Charges
- - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rape of witness FWS-75 (aiding and abetting) and for raping Witness FWS-87 (committing). - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rapes of witness FWS-87 and two unidentified women (co-perpetration) and for raping Witnesses FWS-75 and FWS-87 three times (committing). - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rape of witness FWS-87 (committing).-Rape as a crime against humanity under Article 7(1) for the rapes of witness FWS-75 and two unidentified women (co-perpetration) and for raping Witness FWS-87 (committing).
- Trial chamber verdict
- Zelenovic entered a guilty plea to several counts in the indictment on 17 January 2007, which included several charges related to sexual violence. Zelenovic was therefore found guilty of: - (a) Torture as a crime against humanity and rape as a crime against humanity. - (b) Torture as a crime against humanity and rape as a crime against humanity. - (c) Torture as a crime against humanity and rape as a crime against humanity . - (d) Rape as a crime against humanity. Zelenovic was therefore found not guilty of: - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (a) above. - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (b) above. - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (c) above. - Rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (d) above.
- sentencing
- Zelenovic was sentenced to 15 years’ imprisonment on 31 October 2007.
- Status
- 2715
- Case number
- IT-96-23/2
-
Jurisprudence judicial mechanism
USA Court Martial - Lynndie R. England
- Year
- 2005
- Issues
- Sexual Violence against Men Female Perpetrators of Sexual Violence
- Country
- United States of America
- Keywords
- Acts of a Sexual Nature Forced Nudity Humiliating and Degrading Treatment Prisoners of War
- Reference link
- https://trialinternational.org/latest-post/lynndie-r-england/
- Type of mechanism
- US courts-martial
- Name of mechanism
- USA Court Martial
- Name of accused
- Lynndie R. England
- Charges
- England was charged with seven counts of conspiracy, maltreatment and committing an indecent act of Iraqi prisoners, including an episode when she was photographed holding a strap tied as a leash around a naked detainee’s neck.
- Trial chamber verdict
- On 26 September 2005, England was found guilty of six out of seven counts of conspiracy, maltreatment and committing an indecent act. [Two others, including Private England’s former boyfriend Private Charles A. Graner Jr., who previously held the ranks of specialist and corporal, were convicted in trials, and the other six reached plea deals. Graner said that, at the time, he told officers about detainee maltreatment, which he claimed was done by order of military intelligence personnel. And at times, he said, military intelligence officers actually were present for the abuse.]
- sentencing
- England was sentenced to three years for her crimes and given a dishonorable discharge.
- Status
- 2715
-
Literature
Goldstein, Anne T. - Recognizing Forced Impregnation as a War Crime...
- Year
- 1993
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://www.worldcat.org/title/recognizing-forced-impregnation-as-a-war-crime-under-international-law-a-special-report-of-the-international-program/oclc/32804993?referer=di&ht=edition
- Full reference
- Goldstein, Anne T., Recognizing Forced Impregnation as a War Crime Under International Law, The Center for Reproductive Law and Policy, 1993.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Goldstein, Anne T.
-
Jurisprudence judicial mechanism
ICTR - Francois-Xavier Nzuwonemeye (Ndindiliyimana et al. “Military II”)
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Humiliating and Degrading Treatment War Crimes Rape as Crime Against Humanity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-56
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Francois-Xavier Nzuwonemeye
- Charges
- Rape as a crime against humanity and rape, humiliating and degrading treatment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes committed by soldiers from the A squad of the Reconnaissance battalion, led by Sagahutu and under the command of Major Nzuwonemeye in the kiosks at the entrance of the hospital of Kigali during April, May and June 1994
- Trial chamber verdict
- Nzuwonemeye was found not guilty by the Trial Chamber (on 17 May 2011) for the sexual violence charges.
- Appeals chamber verdict
- The Prosecution did not appeal the acquittals for sexual violence.The Appeals Chamber acquitted Nzuwonemeye on all counts on 11 February 2014.
- Status
- 2715
- Case number
- ICTR-00-56
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