Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 6 results.
  • Literature

    Bassiouni, M. Cherif and McCormick, Marci - Sexual Violence: An Invisible Weapon of War

    Year
    1996
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Ethnic Cleansing Command Responsibility Media Responsibility Bosnian Muslim Population

    Reference link
    http://mcherifbassiouni.com/wp-content/uploads/Sexual-Violence-an-Invisible-Weapon-of-War.pdf
    Full reference
    Bassiouni, M. Cherif and Marci McCormick, Sexual Violence: An Invisible Weapon of War in the former Yugoslavia, Occasional Paper No. 1, Chicago, IL: International Human Rights Institute, 1996.
    Type of literature
    Grey Literature
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Bassiouni, M. Cherif and McCormick, Marci
    Type of mechanism
    Hybrid court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Green, Llezlie L. - Gender Hate Propaganda and Sexual Violence...

    Year
    2002
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Rwanda
    Keywords
    Media Racist Propaganda Genocide

    Reference link
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2272193
    Full reference
    Green, Llezlie L., "Gender Hate Propaganda and Sexual Violence in the Rwandan Genocide: An Argument for Intersectionality in International Law", in Columbia Human Rights Law Review, 2002, vol. 33, no. 733, pp. 733-776.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Green, Llezlie L.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    ICTR - Nahimana et al. (Media Case)

    Year
    2007
    Issues
    Role of Non-state Actors in Perpetrating Violence
    Country
    Rwanda
    Keywords
    Media Incitement Ethnic Hatred Prevention or Punishment

    Reference link
    http://www.unictr.org/en/cases/ictr-99-52
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Ferdinand Nahimana, Jean Bosco Barayagwiza, Hassan Ngeze
    Charges
    Persecution as a crime against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) for advocating ethnic hatred or inciting violence against the Tutsi population through RTLM broadcasts in 1994, including articulating a framework that negatively portrayed Tutsi women, making sexual attacks against Tutsi women a foreseeable consequence of the role attributed to them.Direct and public incitement to commit genocide under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) as far as the sexual violence crimes are concerned.
    Trial chamber verdict
    Nahimana was found guilty by the Trial Chamber of:- persecution and Extermination as crimes against humanity- genocide- conspiracy to committ genocide- direct and public incitement to committ genocide Nahimana was found not guilty by the Trial Chamber of:- complicity to committ genocide- murder as crime against humanity Ngeze was found guilty by the Trial Chamber of:- conspiracy to committ genocide- genocide- direct and public incitement to committ genocide- extermination as crime against humanity Ngeze was found not guilty by the Trial Chamber of:- complicity in genocide- murder as crime against humanity Barayagwiza was found guilty by the Trial Chamber of:- persecution as crime against humanity- Extermination as crime against humanity- Direct and public incitement to committ genocide- conspiracy to genocide- genocide Barayagwiza was found not guilty by the Trial Chamber of:- serious violations of Art. 3 common to the Geneva Conventions and AP II- complicity in genocide- murder as crime against humanity
    sentencing
    Nahimana was sentenced to 30 years’ imprisonment.Ngeze was sentenced to 35 years' imprisonment.barayagwiza was sentenced to 32 years' imprisonment.
    Appeals chamber verdict
    The Appeals Chamber (on 28 November 2007), however, reversed Nahimana’s above conviction for persecution as a crime against humanity under Article 6(1) for RTLM broadcasts after 6 April 1994, but affirmed, Judge Meron dissenting, Nahimana’s conviction for persecution as a crime against humanity under Article 6(3), because it found that Nahimana did not take the necessary and reasonable measures to prevent or punish the acts of persecution and instigation to persecution committed by RTLM staff after 6 April 1994. It also upheld the conviction for direct and public incitement to commit genocide.The Appeals Chamber affirmed Barayagwiza's conviction for both, persecution and murder as crimes against humanity, with Judge Güney dissenting, and genocide. However, under Art. 6(1) of the Statute it set aside the conviction for conspiracy to commit genocide and convictions relating the Broadcasts.With regard to Ngeze's work at the newspaper, the Appeals Chamber set aside his conviction for genocide and persecution as crime against humanity, however it upheld the convictions for direct and public incitement to commit genocide. Regarding its responsibility for act committed in Gisenyi, the Appeals Chamber upheld Ngeze's convictions for genocide and extermination as a crime against humanity.
    Status
    2715
    Case number
    ICTR-99-52

  • Literature

    Koomen, Janneke - Without These Women, the Tribunal Cannot Do Anything...

    Year
    2013
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Testimony Mass Rape Witness Isolation Media

    Reference link
    https://www.jstor.org/stable/10.1086/667200?seq=1#page_scan_tab_contents
    Full reference
    Koomen, Janneke, “Without These Women, the Tribunal Cannot Do Anything: The Politics of Witness Testimony on Sexual Violence at the International Criminal Tribunal for Rwanda", in Signs: Journal of Women in Culture and Society, 2013, vol. 38, no. 2, pp. 253-277.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Koomen, Janneke
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Ward, Jeanne and Marsh, Mendy - Sexual Violence against Women and Girls in War...

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Former Yugoslavia, Rwanda
    Keywords
    Rape Torture Armed Conflict Media

    Reference link
    http://www.operationspaix.net/DATA/DOCUMENT/1045~v~Sexual_Violence_Against_Women_and_Girls_in_War_and_Its_Aftermath___Realities_Responses_and_Required_Resources.pdf
    Full reference
    Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, United Nations Population Fund (UNFPA), 2006.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Ward, Jeanne and Marsh, Mendy

  • Literature

    Zarkov, Dubravka - The Body of the Other Man - Sexual Violence...

    Year
    2001
    Issues
    Sexual Violence against Men
    Country
    Croatia, Serbia
    Keywords
    Rape Media Masculinity Castration Denial

    Reference link
    https://www.press.uchicago.edu/ucp/books/book/distributed/V/bo20852839.html
    Full reference
    Zarkov, Dubravka, "‘The Body of the Other Man' - Sexual Violence and the Construction of Masculinity, Sexuality and Ethnicity in the Croatian Media”, in C.O.N. Moser and F.C. Clark (eds.), Victims, Perpetrators or Actors? Gender, Armed Conflict and Political Violence, Zed Books, London/New York, 2001.
    Type of literature
    Chapter in Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Zarkov, Dubravka

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