Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 6 results.
  • Literature

    Cohen, Dara K. and Nordas, Ragnhild - Do States Delegate Shameful Violence to Militias?

    Year
    2015
    Issues
    Socio-cultural Context of Sexual Violence

    Reference link
    https://projects.iq.harvard.edu/files/wcfia/files/Cohen_StatesDelegate.pdf
    Full reference
    Cohen, Dara Kay and Ragnhild Nordås, "Do States Delegate Shameful Violence to Militias? Patterns of Sexual Violence in Recent Armed Conflicts", in Journal of Conflict Resolution, 2015, vol. 59, no. 5, pp. 1-22.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Cohen, Dara K. and Nordas, Ragnhild

  • Jurisprudence judicial mechanism

    Military Court in Bukavu - Bedi Mobuli Engangela

    Year
    2014
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Witness Protection Gang Rape Militia

    Reference link
    https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15436&LangID=E
    Type of mechanism
    Military Tribunal
    Name of mechanism
    Military Court in Bukavu
    Name of accused
    Bedi Mobuli Engangela
    Charges
    Engangela was charged with crimes against humanity, including rape and sexual slavery for crimes committed in eastern DRC between 2005 and 2007 during which period he had deserted to lead a militia that attacked several villages.
    Trial chamber verdict
    On 15 December 2014, the military court found Engangela guilty of crimes against humanity, including (gang) rape and sexual slavery. A total of 80 victims testified in this trial, of which 31 were victims of sexual violence.
    sentencing
    Engangela was sentenced to life imprisonment (for murder, he received life imprisonment; for rape 20 years’ imprisonment; for sexual slavery and other inhuman actions 15 years’ imprisonment).
    Status
    2715

  • Literature

    Eriksson Baaz, Maria and Stern, Maria - Making Sense of Violence...

    Year
    2008
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Attack against a Civilian Population Stereotype Hatred Militia Soldiers

    Reference link
    https://faculty.polisci.wisc.edu/schatzberg/ps455/Baaz2008.pdf
    Full reference
    Baaz, Maria Eriksson and Maria Stern, "Making Sense of Violence: Voices of Soldiers in the Congo (DRC)", in The Journal of Modern African Studies, 2008, vol. 46, no. 1, pp. 57-86.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Eriksson Baaz, Maria and Stern, Maria

  • Literature

    Gallimore, Rangira B. - Militarism, Ethnicity and Sexual Violence...

    Year
    2008
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Rwanda
    Keywords
    Rape Hutu Militia Masculinity Ethnicity

    Reference link
    http://www.agi.uct.ac.za/sites/default/files/image_tool/images/429/feminist_africa_journals/archive/10/fa_10_feature_article_1.pdf
    Full reference
    Gallimore, Rangira Béa, "Militarism, Ethnicity and Sexual Violence in the Rwandan Genocide", in Feminist Africa, 2008, vol. 10, pp. 9-29.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Gallimore, Rangira B.

  • Jurisprudence judicial mechanism

    SPSC in East Timor - Francisco Soaeres

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Consent Threat of Rape Sexual Intercourse Physical Invasion Militia Rome Statute

    Reference link
    http://www.worldcourts.com/un_etta/eng/decisions/2002.09.12_Prosecutor_v_Soares.pdf
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Francisco Soaeres
    Charges
    Soaeres was indicted on 15 May 2001 for one count of rape, but rape as a domestic offence on the basis of section 9 of UNTAET Regulation 2000/15 (‘For the purposes of the present regulation, the provisions of the applicable Penal Code in East Timor shall, as appropriate, apply’) and Article 285 of the Indonesian Penal Code (‘Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, be punished by a maximum imprisonment of twelve years’). Soaeres was held to have travelled, on the morning of 12 September 1999, to the 744 Battalion Base and took victim X with him in order to transport her to Dili. Instead of going there he took X to Useleo Beach, where he proceeded to have sexual intercourse with X twice and then returned her to the Base. The Defense raised the issue of consent, which the victim denied.
    Trial chamber verdict
    On 12 September 2002, the Special Panel for Serious Crimes convicted Soaeres of rape.
    sentencing
    On 12 September 2002, the Special Panel for Serious Crimes sentenced him to 4 years’ imprisonment.
    Status
    2715
    Case number
    14/2001

  • Jurisprudence judicial mechanism

    ICTR - Omar Serushago

    Year
    2000
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Tutsi Militia Plea Agreement Genocide Genocidal Rape

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-39
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Omar Serushago
    Charges
    Serushago was charged with genocide and murder, extermination, torture and rape as crimes against humanity. With regard to rape as a crime against humanity he was charged under Article 6(3) (command responsibility) for: (i) the rape of a Tutsi victim at the Commune Rouge in Gisenyi by Bernard Munyagishari in the presence of Serushago at the end of April 1994; and (ii) between April and July 1994, subordinates of Serushago, including Damas, Michel and Migendo, raped or sexually assaulted Tutsi women with the knowledge of Serushago.
    Trial chamber verdict
    As Serushago pleaded guilty, the Trial Chamber found him guilty of genocide and murder, extermination and torture as crimes against humanity.
    sentencing
    Serushago received a sentence of 15 years’ imprisonment on 14 February 2000. He was granted early release on 13 December 2012.
    Appeals chamber verdict
    The Appeals Chamber dismissed both ground of Appeal (Failure to give due weight to the mitigating factors in his case Manifestly excessive sentence) and upheld the Trial Chamber's sentence.
    Status
    2715
    Case number
    ICTR-98-39-T

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