Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 18 results.
-
Literature
Amicus Curiae Human Rights Center et al. - International Experts...
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Chad
- Keywords
- Forced Prostitution Sexual Slavery Inhuman Treatment Torture Rape, Outrages upon Personal Dignity Principle of Legality Criminalization
- Reference link
- https://www.law.berkeley.edu/wp-content/uploads/2015/04/MICUS-CURIAE-BRIEF-OF-THE-HUMAN-RIGHTS-CENTER-AT-THE-UNIVERSITY-OF-CALIFORNIA-BERKELEY-SCHOOL-OF-LAW-AND-INTERNATIONAL-EXPERTS-ON-SEXUAL-VIOLENCE-UNDER-INTERNATIONAL-CRIMINAL-LAW-Eng.pdf
- Full reference
- Amicus Curiae Human Rights Center, University of California, Berkeley, School of Law, and International Experts on Sexual Violence under International Criminal Law, "Rape and other forms of sexual violence as crimes against humanity, war crimes, and torture under customary international law", A filing before the Extraordinary African Chambers seated at the Court of Appeals, Dakar, Senegal, 8 December 2015.
- Type of literature
- Grey Literature
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Amicus Curiae Human Rights Center
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Jurisprudence judicial mechanism
ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes Rape as Crime Against Humanity
- Reference link
- Click here
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Anatole Nsengiyumva
- Charges
- Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault 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: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
- Trial chamber verdict
- Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
- sentencing
- Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
- Appeals chamber verdict
- The acquittal for the sexual violence was not appealed by the Prosecution.
- Status
- 2715
- Case number
- ICTR-98-41
-
Jurisprudence judicial mechanism
ICTR - Jean de Dieu Kamuhanda
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Inhuman Treatment Genocidal Rape
- Reference link
- http://www.unictr.org/en/cases/ictr-99-54a
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Jean de Dieu Kamuhanda
- Charges
- Rape as a crime against humanity, other inhumane acts as crimes against humanity, outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes and violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) and 6(3) (command responsibility), for the rapes of Tutsi women committed during various attacks, including on the school in Kikomero, in Kigali-rural prefecture, on or about 12 April 1994.
- Trial chamber verdict
- The Trial Chamber on 22 January 2004 found Kamuhanda not guilty of all sexual violence charges. The Trial Chamber held that there was insufficient evidence of the alleged sexual violence.
- sentencing
- Kamuhanda was sentenced to life imprisonment on 19 September 2005.
- Appeals chamber verdict
- The Prosecution did not appeal Kamuhanda’s acquittals for the sexual violence crimes.
- Status
- 2715
- Case number
- ICTR-99-54A
-
Jurisprudence judicial mechanism
ICTR - Simeon Nchamihigo
- Issues
- Sexual Violence against Men
- Country
- Rwanda
- Keywords
- Acquittal Castration Inhuman Treatment Sexual Violence against Men/Boys Genitalia
- Reference link
- http://unictr.unmict.org/en/cases/ictr-01-63
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Simeon Nchamihigo
- Charges
- Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) (ordering or instigating) for ordering or instigating Interahamwe to remove the genitals of a Tutsi man called Jean-Fidele Murekezi before killing him near Cyangugu prison on or about 16 April 1994.
- Trial chamber verdict
- No evidence was led on the charge (on the removal of body parts or organs) against Nchamihigo. Nchamihigo was therefore found not guilty by the Trial Chamber (on 12 November 2008) of other inhumane acts as crimes against humanity (and the matter was not part of the Appeal Judgment).
- sentencing
- Nchamihigo was sentenced to 40 years’ imprisonment on 18 March 2010.
- Status
- 2715
- Case number
- ICTR-01-63
-
Jurisprudence judicial mechanism
ICTR - Théoneste Bagosora (Bagasora et al. "Military I")
- Year
- 2011
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Rape with Foreign Objects Improper Charges Inhuman Treatment Conspiracy
- Reference link
- http://unictr.unmict.org/en/cases/ictr-98-41
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Théoneste Bagosora
- Charges
- - Causing serious bodily or mental harm as genocide under Article 6(3) (command responsibility) for ordering crimes at Kigali area roadblock, including rapes and other forms of sexual violence; and under Article 6(3) (command responsibility) for the rape of a woman and the stripping of female Tutsi refugees at the Saint Josephite Centre and the rapes and sexual violence in Gikondo parish.- Rape as a crime against humanity 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(3) (command responsibility) for the rapes committed at Kigali area roadblocks, the Saint Josephite centre and Gikondo parish. - Persecution as a crime against humanity under Article 6(3) (command responsibility) for ordering crimes at Kigali area roadblocks, which included rapes; and under Article 6(3) (command responsibility) for rapes committed at the Saint Josephite center and Gikondo parish. - Other inhumane acts as crimes against humanity under Article 6(3) (command responsibility) for the stripping of Tutsi female refugees at the Saint Josephite Centre and for the insertion of a bottle into Prime Minister Agathe Uwilingiyimana’s vagina after her death. - Violence to life, health and physical or mental well-being of persons as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault 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). - Conspiracy to commit genocide under Article 6(3) (command responsibility).
- Trial chamber verdict
- Bagasora was found guilty by the Trial Chamber on 18 December 2008 of: - Causing serious bodily or mental harm as genocide - Rape as a crime against humanity and outrages upon personal dignity - Persecution as a crime against humanity - Other inhumane acts as crimes against humanity Bagasora was found not guilty by the Trial Chamber of: - Violence to life, health and physical or mental well-being of persons as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Conspiracy to commit genocide as the Prosecution had not proven beyond reasonable doubt that the accused (besides Bagasora, Kabiligi, Ntabakuze and Nsengiyumva) had conspired among themselves or with others to commit genocide before it started.
- sentencing
- Bagasora was sentenced to 35 years’ imprisonment.
- Appeals chamber verdict
- The Appeals Chamber on 14 December 2011 reversed the finding of the Trial Chamber, with Judge Pocar dissenting, that Bagasora was guilty of other inhumane acts as crimes against humanity under Article 6(3) (command responsibility) for the insertion of a bottle into Prime Minister Agathe Uwilingiyimana’s vagina after her death, as this was not properly charged (charged was that the Prime Minister was first sexually assaulted and then killed). In addition, the Appeals Chamber held that the ordering of the sexual violence crimes at the roadblocks in Kigali area where all done under Article 6(3) and not also under Article 6(1), as previously held by the Trial Chamber. The other sexual violence convictions were upheld by the Appeals Chamber.
- Status
- 2715
- Case number
- ICTR-98-41
-
Jurisprudence judicial mechanism
ICTY - Bruno Stojic (“Prlic et al.”)
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- War Crimes Inhuman Treatment Imprisonment HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Bruno Stojic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
- Trial chamber verdict
- Stojic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Stojic was sentenced to 20 years’ imprisonment on 29 May 2013.
- Appeals chamber verdict
- The Appeals Chamber confirmed the charges and convictions made by the Trial Chamber on 29 November 2017.
- Status
- 2715
- Case number
- IT-04-74
-
Jurisprudence judicial mechanism
ICTY - Jadranko Prlic (“Prlic et al.”)
- Year
- 2013
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Sexual Violence Inhuman Treatment War Crimes Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Jadranko Prlic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes [add factual incidents for this case and co-accused].
- Trial chamber verdict
- Prlic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Prlic was sentenced to 25 years’ imprisonment on 29 May 2013.
- Appeals chamber verdict
- The Appeals Chamber on 29 November 2017 confirmed the convictions and charges by the Trial Chamber.
- Status
- 2715
- Case number
- IT-04-74
-
Jurisprudence judicial mechanism
ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milojica Kos
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
- Appeals chamber verdict
- No appeal in this case.
- Status
- 2715
- Case number
- IT-98-30/1
-
Jurisprudence judicial mechanism
ICTY - Mladen Naletilic (“Naletilic & Martinovic” Tuta and Stela)
- Year
- 2006
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Sexual Violence against Men/Boys Genitalia Inhuman Treatment
- Reference link
- http://www.icty.org/cases/party/752/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Mladen Naletilic
- Charges
- - Wilfully 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) (committing) for beating a young man named Zilic on the genitals with his hand at the Tobacco Institute in Mostar on 10 May 1993.
- Trial chamber verdict
- Naletilic was found guilty by the Trial Chamber on 31 March 2003 of: - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime
- sentencing
- Naletilic was sentenced to 20 years’ imprisonment on 3 May 2006.
- Appeals chamber verdict
- The Appeals Chamber affirmed the conviction of the Trial Chamber on 3 May 2006.
- Status
- 2715
- Case number
- IT-98-34
-
Jurisprudence judicial mechanism
ICTY - Stevan Todorovic (“Bosanski Šamac”)
- Year
- 2001
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Rape Rape/Sexual Violence in Prison Forced Oral Sex Sexual Violence against Men/Boys Inhuman Treatment
- Reference link
- http://www.icty.org/cases/party/790/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Stevan Todorovic
- Charges
- - Persecution as a crime against humanity under Article 7(1) (ordering) for ordering six men to perform fellatio on each other at the police station in Bosanski Šamac on three different occasions in May and June 1992.- Rape as a crime against humanity, humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for forcing or ordering prisoners to perform acts of fellatio upon each other, sometimes in the presence of several other prisoners and guards, on various occasions.
- Trial chamber verdict
- Todorovic entered a guilty plea on 13 December 2000 and was found guilty by the Trial Chamber on 19 January 2001 of: - Persecution as a crime against humanity As Todorovic entered a guilty plea to persecution as a crime against humanity only, the other sexual violence charges were withdrawn. Todorovic was therefore found not guilty of: - Rape as a crime against humanity, humiliating and degrading treatment as a violation of the laws or customs of war as a war crime and torture or inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime
- sentencing
- Todorovic received a prison sentence of 10 years by the Trial Chamber on 31 July 2001.
- Status
- 2715
- Case number
- IT-95-9/1
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