Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 8 results.
-
Literature
De Brouwer, Anne-Marie - Gacumbitsi Judgement
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Gacumbitsi International Criminal Law Elements of the Crime of Rape Lack of Consent
- Reference link
- https://intersentia.be/nl/annotated-leading-cases-of-international-criminal-tribunals-volume-24.html
- Full reference
- De Brouwer, Anne-Marie, "Gacumbitsi Judgement", in Goran Sluiter and André Klip (eds.), Annotated Leading Cases of International Criminal Tribunals: The International Criminal Tribunal for Rwanda 2005-2006, Volume 24, Intersentia, Antwerp/Oxford/ Portland, 2009, pp. 583-594.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- De Brouwer, Anne-Marie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
-
Jurisprudence judicial mechanism
ICTR - Sylvestre Gacumbitsi
- Year
- 2006
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Genocidal Rape Lack of Consent Coercion
- Reference link
- http://unictr.unmict.org/en/cases/ictr-01-64
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Sylvestre Gacumbitsi
- Charges
- -Causing serious or bodily mental harm as genocide and rape as a crime against humanity under Article 6(1) (direct responsibility) (instigating) for the rapes of Witness TAQ and seven other Tutsi women and girls by attackers.
- Trial chamber verdict
- Gacumbitsi was found guilty by the Trial Chamber (on 17 June 2004) of:- Causing serious or bodily mental harm as genocide and rape as a crime against humanity
- sentencing
- Gacumbitsi was sentenced to life imprisonment.
- Appeals chamber verdict
- The Appeals Chamber upheld the sexual violence convictions on 7 July 2006
- Status
- 2715
- Case number
- ICTR-01-64
-
Jurisprudence judicial mechanism
ICTY - Dragoljub Kunarac (Kunarac et al. "Foca")
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Penetration Sexual Slavery Lack of Consent Aiding and Abetting Vagina Rape as Crime Against Humanity Kunarac
- Reference link
- http://www.icty.org/cases/party/712/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragoljub Kunarac
- Charges
- - Torture as a crime against humanity, rape as a crime against humanity, 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) (committing and aiding and abetting) for: (i) taking FWS-75 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped D.B. and aided and abetted the gang-rape of FWS-75 by several soldiers; (ii) taking FWS-87, FWS-75, FWS-50 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped FWS-87 and aided and abetted the torture and rapes of FWS-87, FWS-75 and FWS-50 by soldiers; (iii) transferring FWS-95 from Partizan Sports Hall to his headquarters at Ulica Osmana Ðikica no. 16, where he raped her; (iv) taking FWS-87 to a room on the upper floor of Karaman’s house in Miljevina, where he raped her; (v) threatening to kill FWS-183 and her son while he tried to obtain information or a confession from FWS-183 concerning her alleged sending of messages to the Muslim forces and information about the whereabouts of her valuables and for raping her on that occasion; and (vi) raping FWS-191 and aiding and abetting the rape of FWS-186 by soldiers in an abandoned house in Trnovace.- Enslavement as a crime against humanity under Article 7(1) (committing and aiding and abetting) for the enslavement of FWS-186 and FWS-191 for a period of six months in a house in Trnovace and for treating them as his property.- Torture as a crime against humanity, rape as a crime against humanity, 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 taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48.- Outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) for taking FWS-186, FWS-191 and J.G. from the house Ulica Osmana Ðikica no. 16 to the abandoned house of Halid Cedic in Trnovace, where they were raped, and for raping FWS-191 approximately 6 months and treating FWS-186 and FWS-191 as his personal property.
- Trial chamber verdict
- Kunarac was found guilty by the Trial Chamber on 22 February 2001 of: - Torture as a crime against humanity - Rape as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime - Rape as a violation of the laws or customs of war as a war crime - Enslavement as a crime against humanity Kunarac was found not guilty by the Trial Chamber of: - Torture as a crime against humanity, rape as a crime against humanity, 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 for taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48. - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Kunarac received a sentence of 28 years’ imprisonment on 12 June 2002.
- Appeals chamber verdict
- The convictions by the Trial Chamber were upheld by the Appeals Chamber on 12 June 2002.
- Status
- 2715
- Case number
- IT-96-23 and IT-96-23/1
-
Literature
Schomburg, Wolfgang and Peterson, Ines - Genuine Consent to Sexual Violence...
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Coercion Lack of Consent Gacumbitsi Akayesu Elements of the Crime of Rape
- Reference link
- https://www.cambridge.org/core/journals/american-journal-of-international-law/article/genuine-consent-to-sexual-violence-under-international-criminal-law/D74FB865DA704502D663E57D4D20B3A9
- Full reference
- Schomburg, Wolfgang and Ines Peterson, "Genuine Consent to Sexual Violence under International Criminal Law", in American Journal of International Law, 2007, vol. 101, no.1, pp. 121-140.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Schomburg, Wolfgang and Peterson, Ines
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Jurisprudence judicial mechanism
SCSL - Augustine Gbao (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage AFRC RUF Lack of Consent Joint Criminal Enterprise (JCE) Rape
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Augustine Gbao
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- Outrages upon personal dignity 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) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism 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) (JCE) for sexual violence crimes committed in Kailahun District.
- Trial chamber verdict
- Gbao was found guilty by the Trial Chamber on 2 March 2009 of:- Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes
- sentencing
- Gbao was sentenced to 25 years’ imprisonment on 26 October 2009.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
-
Jurisprudence judicial mechanism
SCSL - Morris Kallon (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Forced Marriage Consent AFRC RUF Joint Criminal Enterprise (JCE) Lack of Consent
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Morris Kallon
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery and forced marriages committed in Kissi Town in Kono District.- 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(1) (direct responsibility) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery and forced marriages committed in Kissi Town in Kono District.- Acts of terrorism 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) (JCE) for sexual violence crimes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District, and under Article 6(3) (command responsibility) for the crimes of sexual slavery committed in Kissi Town in Kono District.
- Trial chamber verdict
- Kallon was found guilty by the Trial Chamber on 2 March 2009 of: - Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes
- sentencing
- Kallon was sentenced to 40 years’ imprisonment.
- Appeals chamber verdict
- The convictions concerning sexual violence were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
-
Literature
Viseur-Sellers, Patricia - The Prosecution of Sexual Violence in Conflict...
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia, East Timor, Cambodia, Sierra Leone
- Keywords
- Lack of Consent Coercion Elements of the Crime of Rape Gacumbitsi
- Reference link
- http://www.peacewomen.org/assets/file/Resources/Academic/paperprosecution_sexualviolence.pdf
- Full reference
- Viseur Sellers, Patricia, The Prosecution of Sexual Violence in Conflict: The Importance of Human Rights as Means of Interpretation, 2007.
- Type of literature
- Grey Literature
- 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 Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court, Special Panels for Serious Crime Panels in East Timor (SPSC), Extraordinary Chambers of the Courts of Cambodia (ECCC), Special Court for Sierra Leone (SCSL)
-
Literature
Weiner, Philipp - The Evolving Jurisprudence of the Crime of Rape...
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia, Sierra Leone
- Keywords
- Coercion Lack of Consent Elements of the Crime of Rape Prosecution Domestic Law
- Reference link
- https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=3321&context=bclr
- Full reference
- Weiner, Philipp, "The Evolving Jurisprudence of the Crime of Rape in International Criminal Law", 36 B. C. Int’l & Comp. L. Rev., 2013, vol. 54, no.3, pp. 1207-1236.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Weiner, Philipp
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL)
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