Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 23 results.
  • Jurisprudence judicial mechanism

    ICC - Colombia

    Issues
    Sexual Violence against Children Sexual Violence against Men Sexual Violence as a Weapon of War
    Country
    Colombia
    Keywords
    Crimes of Honor HIV Sexual Orientation Terrorism Threat of Rape Spoil of War Investigation Preliminary Investigation

    Reference link
    https://www.icc-cpi.int/colombia
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Charges
    Status
    2778
    Findings
    The Prosecution has determined that the information available provides a reasonable basis to believe that crimes against humanity have been committed in the situation in Colombia by different actors, since 1 November 2002, including rape and other forms of sexual violence as crimes against humanity. The Prosecution also held that there is a reasonable basis to believe that war crimes under article 8 of the Statute have been committed in the situation in Colombia since 1 November 2009, including rape and other forms of sexual violence under article 7(1)(g) of the Statute and rape and other forms of sexual violence under article 8(2)(e)(vi). The FARC, the ELN and paramilitaries have been held responsible for the commission of various forms of sexual violence, including: rape; torture and sexual mutilation; forced prostitution and sexual slavery; and other forms of sexual violence. Targeted victims of sexual violence include women and girls who have been forcibly recruited; women whose relatives are members of armed groups or are viewed as having contacts with members of an opposing group; women obstructing forced recruitment of their sons and daughters, particularly by the FARC and the paramilitaries; women belonging to indigenous communities; men and women whose sexual orientation or gender identity is questioned; alleged carriers of sexually transmissible diseases such as HIV/AIDS; women members of human rights organizations and activists; women who refuse to obey instructions of the FARC. Amnesty International identified the following motives behind the commission of sexual violence by armed groups: to sow terror within communities to ease military control; to force people to flee to facilitate acquisition of territory; to wreak revenge on adversaries; to accumulate trophies of war; to exploit victims as sexual slaves; to injure the “enemy’s honor.” According to the First Survey on the Prevalence of Sexual Violence against Women in the Context of the Colombian Armed Conflict 2001-2009, victims of some types of sexual violence were assaulted and victimized by the use of a weapon to threaten them, including knives and firearms.

  • Jurisprudence judicial mechanism

    ICC - Situation in Central African Republic II

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Role of Non-state Actors in Perpetrating Violence
    Country
    Central African Republic (CAR)
    Keywords
    Gang Rape Gender Jurisprudence Vulnerability Pregnant Victim Investigation

    Reference link
    https://www.icc-cpi.int/car
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Charges
    The information available provides a reasonable basis to believe that both the Seleka and the anti-balaka groups have committed crimes against humanity and war crimes, including: - Rape as a war crime (Article 8(2)(e)(vi)); - Rape as a crime against humanity; - Persecution as a crime against humanity in connection with alleged crimes of murder, rape and deportation or forcible transfer of population.
    Status
    2778
    Case number
    ICC-01/14

  • Jurisprudence judicial mechanism

    ICC - Situation in Georgia

    Country
    Georgia
    Keywords
    Investigation

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/ICC-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778
    Case number
    ICC-01/15

  • Jurisprudence judicial mechanism

    ICTR transfer - Laurent Bucyibaruta

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda, France
    Keywords
    Interahamwe Investigation Rape, Public Roadblocks

    Reference link
    http://www.unmict.org/en/cases/mict-13-44
    Type of mechanism
    Domestic court
    Name of accused
    Laurent Bucyibaruta
    Charges
    Bucyibaruta was charged with (in the indictment of 16 June 2005): - Rape as a crime against humanity under Article 6(1) (planning, instigating, ordering, committing or otherwise aiding and abetting and JCE) for: (i) the setting up of roadblocks where, where Tutsi girls and women were repeatedly raped by soldiers, Interahamwe and armed civilians, including at Kabeza Trading Centre and the entrance to the Murambi Technical School; (ii) the attack on Ecole des Filles de Kibeho by Gendarmes, Interahamwe and Hutu civilians and whereby many Tutsi girls were raped. In addition, under Article 6(3) (command responsibility) for rapes that were committed by his subordinates in and around Murambi, Munyinya, Nzega, Uwabahima and Rwigoma (including rapes in front of the women’s children and one rape in which the perpetrator said that the woman had earlier refused to marry a Hutu).
    Status
    2778
    Case number
    MICT-13-44

  • Literature

    SáCouto, Susana - Advances and Missed Opportunities...

    Issues
    Modes of Liability

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/mistjintl15&div=12&id=&page=
    Full reference
    SáCouto, Susana, "Advances and Missed Opportunities in the International Prosecution of Gender-Based Crimes", in Mich. St. J. Intl. L., 2007, vol. 15, pp. 137-156.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    SáCouto, Susana
    Type of mechanism
    International Criminal Tribunal/Court

  • Literature

    Amnesty International et al. - Monitoring and Investigating...

    Year
    2000
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Role of Non-state Actors in Perpetrating Violence

    Reference link
    https://www.codesria.org/IMG/pdf/sexual.pdf?887/...
    Full reference
    Amnesty International and Codesria, Monitoring and Investigating Sexual Violence, Amnesty International Dutch Section and African Books Collective, 2000.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Amnesty International and Codesria

  • Literature

    Kalra, Monika S. - Forced Marriage: Rwanda’s Secret Revealed...

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Forced Marriage Genocide Prosecution Investigation

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/ucdl7&div=12&id=&page=
    Full reference
    Kalra, Monika Satya, "Forced Marriage: Rwanda’s Secret Revealed", in U.C. Davis Journal of International Law and Policy, 2001, vo. 7, pp. 197-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalra, Monika S.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    RHRC - Gender-based Violence Tool Manual...

    Year
    2004
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions

    Reference link
    https://reliefweb.int/sites/reliefweb.int/files/resources/FC881A31BD55D2B3C1256F4F00461838-Gender_based_violence_rhrc_Feb_2004.pdf
    Full reference
    Reproductive Health Response in Conflict (RHRC) Consortium, Gender-based Violence Tool Manual: For Assessment & Program Design, Monitoring & Evaluation in Conflict-affected Settings, 2004.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Reproductive Health Response in Conflict (RHRC) Consortium

  • Literature

    World Health Organization - WHO Ethical and Safety Recommendations...

    Year
    2007
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions

    Reference link
    https://www.who.int/gender/documents/OMS_Ethics&Safety10Aug07.pdf
    Full reference
    World Health Organization, WHO Ethical and Safety Recommendations for Researching, Documenting and Monitoring Sexual Violence in Emergencies, World Health Organization, 2007.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    World Health Organization

  • Literature

    Beltz, Amanda - Prosecuting Rape in International Criminal Tribunals...

    Year
    2008
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Gender Violence Testimony Protective Measures Sexual War Violence Investigation

    Reference link
    https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1032&amp=&context=jcred&amp=&sei-redir=1&referer=https%253A%252F%252Fwww.bing.com%252Fsearch%253Fq%253DBeltz%252C%252BAmanda%252C%252BProsecuting%252BRape%252Bin%252BInternational%252BCriminal%252BTribunals%25253A%252BThe%252BNeed%252Bto%252BBalance%252BVictim%2525E2%252580%252599s%252BRights%252Bwith%252Bthe%252BDue%252BProcess%252BRights%252Bof%252Bthe%252BAccused%2526src%253DIE-TopResult%2526FORM%253DIETR02%2526conversationid%253D#search=%22Beltz%2C%20Amanda%2C%20Prosecuting%20Rape%20International%20Criminal%20Tribunals%3A%20Need%20Balance%20Victim%E2%80%99s%20Rights%20Due%20Process%20Rights%20Accused%22
    Full reference
    Beltz, Amanda, Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused, in Journal of Civil Rights and Economic Development, vol. 23, no. 1, 2008, pp. 167-209.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Beltz, Amanda
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

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