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&=&context=jil&=&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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