Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 13 results.

  • 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

  • Jurisprudence judicial mechanism

    ICTR - Innocent Sagahutu (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
    Innocent Sagahutu
    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
    Sagahutu was found not guilty by the Trial Chamber (on 17 May 2011)for the sexual violence charges.
    sentencing
    Sagahutu was sentenced to 15 years’ imprisonment on 11 February 2014 by the Appeals Chamber (for other charges).
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.
    Status
    2715
    Case number
    ICTR-00-56

  • Jurisprudence non-judicial mechanisms

    International Commission of Inquiry on Guinea

    Country
    Guinea
    Keywords
    Rape Humiliating and Degrading Treatment Forced Nudity Sexual Slavery Killings

    Reference link
    www.legal-tools.org/en/browse/record/c5939f/
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Guinea
    Status
    2715
    Findings
    On 28 September 2009, the red berets and gendarmes surrounded the stadium, blocked the exits, stormed through the main gates, fired tear gas and set about killing or wounding the demonstrators or subjecting them to sexual assault. In under two hours, hundreds of civilians had died or been seriously wounded, stripped in public and subjected to widespread sexual abuse, being unable to flee as the exits from the stadium had been blocked. The authorities then began an organized attempt to cover up the crimes and, as a result, at least 89 persons have been reported missing, some are suffering from permanent injuries, while others will be afflicted with long-term physical and mental suffering. Among the many crimes the COI confirmed (e.g. killings), it also confirmed that at least 109 women were subjected to (gang) rape and other sexual violence, including sexual mutilation and sexual slavery. Several women died of their wounds following particularly cruel sexual attacks. Women were subjected to collective rape, often involving the use of objects, in public places, and all these acts were committed over a period of less than two hours, mainly in one place, in full view and with the full knowledge of all those who were present.
    Recommendations
    On 18 December 2009, the COI recommended, <i>inter alia</i>, that the Guinean Government should be strongly urged to provide the families concerned with all relevant information on the case of persons who have disappeared, that the International Criminal Court should be asked to investigate the persons alleged to have committed crimes against humanity, that adequate reparation should be made to the victims and that targeted sanctions should be imposed against the principal perpetrators of the violations.&nbsp; <b>The COI qualified the acts committed as: (1) violations of human rights and (2) violations of international criminal law.</b> As for the violations of human rights it held that the sexual slavery to which a number of women were subjected constitutes, <i>inter alia</i>, a <i>violation of the prohibition against holding anyone in slavery or servitude </i>(Article 8 of the ICCPR). The at least 109 women who were found subjected to sexual violence were held to be grave violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, i.e. <i>torture</i> (Article 1). These acts inflicted “severe pain or suffering” in order to punish the victims for an act which they had committed (participation in a demonstration prohibited by the Government) and to intimidate them, particularly to deter them from demonstrating against the authorities in the future. The persons responsible for these acts were soldiers, gendarmes, policemen and militiamen. The latter clearly acted “at the instigation of [a public official] or with the consent or acquiescence [of a public official]” since they were operating in conjunction with the security forces which were engaged in repression. Some of these acts, such as stripping women naked in public or certain less severe types of aggression, may be categorized as <i>cruel, inhuman or degrading treatment</i>, the COI stated. These acts of sexual violence were also considered <i>violations of the Convention on the Elimination of All Forms of Discrimination against Women</i>, since they were clearly directed against women as such. As for the violations of international criminal law, the COI held that it was established that <i>crimes against humanity</i> had been committed, <i>including rape, sexual slavery and sexual violence</i>. The COI referred to the Rome Statute for the prohibition of rape and other forms of sexual violence as a crime against humanity (Article 7(1)(g)).
    Date of report / release
    1909-12-18
    Reparations / awards
    <p style="text-align:justify; line-height:115%"><span lang="EN-US">As for the reparations, specific mention was made of the victims of sexual violence. It was held that victims should receive, e.g.: </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(1) medical treatment and adequate care, in particular for the victims of sexual violence, who should be given treatment for HIV/AIDS and other sexually transmitted diseases; and </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(2) psychological counselling, particularly for victims of gender-based violence, especially rape and sexual violence.</span></p>

  • Jurisprudence non-judicial mechanisms

    South African Truth and Reconciliation Commission

    Country
    South Africa
    Keywords
    Rape Threat of Rape Sexual Abuse Humiliating and Degrading Treatment

    Research focus
    Inequality and Discrimination against Women during Armed Conflict
    Type of mechanism
    Truth Commission
    Name of mechanism
    South African Truth and Reconciliation Commission
    Status
    2715
    Findings
    There, the TRC concludes that the state was responsible for the severe ill treatment of women in custody through harassment and the deliberate withholding of medical attention, food, and water. Women were abused by the security forces in ways that specifically exploited their vulnerabilities as women, such as rape or threats of rape and other forms of sexual abuse, threats against family and children, removal of children from their care, false stories about illness or death of family members and children, and humiliation and abuse surrounding biological functions such as menstruation and childbirth.
    Recommendations
    Among their recommendations and proposals of reconciliation, the TRC stressed the importance of being sensitive to the needs of groups that have been particularly disadvantaged in the past, notably women and children. The recommendations of the final report related to specific areas in the public and private sectors that the TRC believed could assist in the consolidation of democracy, the building of a culture of human rights, and the reconciliation process. The TRC recommended, for example, that government should pay more attention to the transformation of education, the provision of shelter, access to clean water and health services, and the creation of job opportunities. It will be impossible to create a meaningful human rights culture, the TRC argued, without high priority to economic justice. Moreover, the TRC urged that human rights curricula be introduced in formal education, specialized education, and the training of law enforcement personnel. Issues such as racism, gender discrimination, conflict resolution, and the rights of children should be included in such curricula. Concerning the administration of justice, the TRC recommended training in human rights principles and issues, including gender-specific abuse and appropriate responses. It also urged that imbalances in the racial and gender composition of judges on the high court be urgently addressed and that a fast-track judicial training program be introduced for black and female advocates, attorneys, and academics who aspired to judicial appointment. The TRC also suggested that the media intensify programs of affirmative action and empowerment of women to ensure better gender balance.
    Date of report / release
    2098-10-28

  • 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

    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

  • 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

    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.”

  • 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

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