Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 18 results.

  • 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

  • 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

  • Literature

    Oosterveld, Valerie - Sexual Violence Directed against Men and Boys...

    Year
    2014
    Issues
    Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes

    Reference link
    https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1109&context=lawpub
    Full reference
    Oosterveld, Valerie, "Sexual Violence Directed against Men and Boys in Armed Conflict or Mass Atrocity: Addressing a Gendered Harm in International Criminal Tribunals", in Journal of international Law & International Relations, 2014, vol. 10, pp. 107-128.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Oosterveld, Valerie

  • 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

    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

  • Literature

    Merope, Sienna - Recharacterizing the Lubanga Case...

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Sexual Slavery Inhuman Treatment Prosecution Recharacterization

    Reference link
    https://link.springer.com/article/10.1007/s10609-011-9143-3
    Full reference
    Merope, Sienna, "Recharacterizing the Lubanga Case: Regulation 55 and the Consequences for Gender Justice at the ICC", in Criminal Law Forum, 2011, vol. 22, pp.311-346.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Merope, Sienna
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Literature

    Oosterveld, Valerie - Forced Marriage and the Special Court for Sierra Leone

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone
    Keywords
    Forced Marriage Inhuman Treatment Enslavement Crimes Against Humanity International Criminal Law

    Reference link
    https://brill.com/abstract/journals/ihls/2/1/article-p127_4.xml
    Full reference
    Oosterveld, Valerie, "Forced Marriage and the Special Court for Sierra Leone: Legal Advances and Conceptual Difficulties", in International Humanitarian Legal Studies, 2011, vol. 2, no. 1, pp. 127-158.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Oosterveld, Valerie
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Literature

    Viseur-Sellers, Patricia - Wartime Female Slavery: Enslavement?

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia, Sierra Leone, Japan
    Keywords
    Comfort Women Forced Conjugal Partners Forced Marriage Inhuman Treatment

    Reference link
    https://www.lawschool.cornell.edu/research/ILJ/upload/Sellers-final-4.pdf
    Full reference
    Viseur Sellers, Patricia, "Wartime Female Slavery: Enslavement?", in Cornell International Law Journal, 2011, vol. 44, no. 1, pp. 115-145.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Viseur-Sellers, Patricia
    Type of mechanism
    International Criminal Tribunal/Court, Hybrid court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL), International Military Tribunal For The Far East (IMTFE)

  • Literature

    Jain, Neha - Marriage as a Crime against Humanity...

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Sierra Leone, Cambodia, Rwanda, Uganda
    Keywords
    Forced Marriage Inhuman Treatment Sexual Slavery Crimes Against Humanity Armed Conflict

    Reference link
    https://academic.oup.com/jicj/article-abstract/6/5/1013/835363?redirectedFrom=fulltext
    Full reference
    Jain, Neha, "Forced marriage as a Crime against Humanity: Problems of Definition and Prosecution", in J Int Criminal Justice, 2008, vol. 5, no. 5, pp. 1013-1032.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Jain, Neha
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • 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

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