Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 6 results.

  • Literature

    Goldstone, Richard - Prosecuting Rape as a War Crime

    Year
    2002
    Issues
    Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Form of Aggression Akayesu Mass Rape Mental Harm Outrages upon Personal Dignity

    Reference link
    https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1461&amp=&context=jil&amp=&sei-redir=1&referer=https%253A%252F%252Fwww.bing.com%252Fsearch%253Fq%253DGoldstone%252C%252BRichard%252C%252B%252522Prosecuting%252BRape%252Bas%252Ba%252BWar%252BCrime%2526src%253DIE-TopResult%2526FORM%253DIETR02%2526conversationid%253D#search=%22Goldstone%2C%20Richard%2C%20Prosecuting%20Rape%20as%20War%20Crime%22
    Full reference
    Goldstone, Richard, "Prosecuting Rape as a War Crime", in Case Western Reserve Journal of International Law, 2002, vol. 34, no. 2, pp. 277-285.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Goldstone, Richard
    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

    ICTR - Emmanuel Rukundo

    Country
    Rwanda
    Keywords
    Genocide Mental Harm Rape, Opportunistic Crime Sexual Assault/Attack/Abuse Tutsi

    Reference link
    http://unictr.irmct.org/en/cases/ictr-01-70
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Emmanuel Rukundo
    Charges
    Causing serious mental harm as genocide under Article 6(1) (direct responsibility) (committing) for, inter alia, sexually assaulting Witness CCH, a young Tutsi woman, at the Saint Léon Minor Seminary.
    Trial chamber verdict
    Rukundo was found guilty by the Trial Chamber (on 27 February 2009), with Judge Ki Park dissenting, for causing serious mental harm as genocide.
    sentencing
    Rukundo was sentenced to 23 years’ imprisonment on 20 October 2010.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Pocar dissenting, reversed (on 20 October 2010) the above conviction as it held that the sexual act could be seen as an opportunistic crime that was not accompanied by the specific intent to commit genocide.
    Status
    2715
    Case number
    ICTR-01-70

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Kvocka (“Kvocka et al.”)

    Year
    2005
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Forced to watch Rape Forced Nudity Foreseeable Consequence Mental Harm Persecution on Sexual Grounds Kunarac

    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
    Miroslav Kvocka (“Kvocka et al.”)
    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
    Kvocka was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity. Kvocka 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 for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    sentencing
    Kvocka was sentenced by the Appeals Chamber to 7 years’ imprisonment on 28 February 2005 (for other charges).
    Appeals chamber verdict
    Although Kvocka was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    ICTY - Radislav Krstic (“Srebrenica-Drina Corps”)

    Year
    2004
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Ethnic Cleansing Joint Criminal Enterprise (JCE) Mental Harm Genocide

    Reference link
    http://www.icty.org/cases/party/711/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radislav Krstic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) for the incidental rapes committed against the Bosnian Muslims as they were natural and foreseeable consequences of the joint criminal enterprise implemented at Potocari on 12 and 13 July 1995.
    Trial chamber verdict
    Krstic was found guilty by the Trial Chamber on 2 August 2001 of:- Persecution as a crime against humanity
    sentencing
    Krstic received a sentence of 35 years’ imprisonment on 19 April 2004.
    Appeals chamber verdict
    The Appeals Chamber upheld the conviction 19 April 2004.
    Status
    2715
    Case number
    IT-98-33

  • Jurisprudence judicial mechanism

    ICTY - Zoran Zigic (“Kvocka et al.”)

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Foreseeable Consequence Forced Nudity Forced to watch Rape Mental Harm Persecution on Sexual Grounds Kunarac

    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
    Zoran Zigic (“Kvocka et al.”)
    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
    Zigic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity under Article 7(1) (JCE). Zigic 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
    Zigic was sentenced by the Appeals Chamber to 25 years’ imprisonment on 28 February 2005 (for other charges).
    Appeals chamber verdict
    Although Zigic was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Literature

    Oosterveld, Valerie - Prosecuting Gender-Based Persecution...

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Gender-Based Crimes Mental Harm

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Oosterveld, Valerie, "Prosecuting Gender-Based Persecution as an International Crime", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 57-78.
    Type of literature
    Chapter in Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Oosterveld, Valerie
    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

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