Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 18 results.

  • 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 - 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

    IMTFE Judgment

    Year
    1948
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Japan
    Keywords
    Inhuman Treatment Ill Treatment Family Honor Rape of Nanking Comfort Women

    Reference link
    http://werle.rewi.hu-berlin.de/tokio.pdf
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Military Tribunal For The Far East (IMTFE)
    Name of accused
    General Iwane Matsui, Commander Shunroku Hata and Foreign Minister Hirota
    Charges
    - Rape as a war crime committed by persons under the accused persons' authority (command responsibility).
    Trial chamber verdict
    General Iwane Matsui, Commander Shunroku Hata and Foreign Minister Hirota were convicted for crimes, including rape as a war crime.
    sentencing
    Matsui and Hirota were sentenced to death and imprisonment for life (Hata) in November 1948.
    Status
    2715

  • Literature

    Meron, Theodor - Rape as a Crime under International Humanitarian Law

    Year
    1993
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia, Germany
    Keywords
    Inhuman Treatment Humanitarian Law

    Reference link
    https://www.jstor.org/stable/2203650?seq=1#page_scan_tab_contents
    Full reference
    Meron, Theodor, "Rape as a Crime under International Humanitarian Law", in American Journal of International Law , 1993, vol. 87, no. 3, pp. 424-428.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Meron, Theodor
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY), Nuremberg Trials

  • 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 - 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

  • 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

  • Literature

    Stover, Eric - The Witnesses: War Crimes and the Promise of Justice...

    Year
    2005
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Killings Forced Expulsion Inhuman Treatment Imprisonment

    Reference link
    https://www.degruyter.com/viewbooktoc/product/454112
    Full reference
    Stover, Eric, The Witnesses: War Crimes and the Promise of Justice in The Hague, University of Pennsylvania Press, Philadelphia, 2005.
    Type of literature
    Book
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Stover, Eric
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • 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

  • 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)

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