Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 4 results.

  • Jurisprudence non-judicial mechanisms

    Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)

    Country
    Democratic People’s Republic of Korea (DPRK)
    Keywords
    Enslavement Forced Abortion Murder Rape, Torture

    Reference link
    http://www.ohchr.org/EN/HRBodies/HRC/CoIDPRK/Pages/CommissionInquiryonHRinDPRK.aspx
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
    Status
    2715
    Findings
    On 17 February 2014, the COI reported on its findings and established that a wide array of crimes against humanity, including sexual violence, arising from “policies established at the highest level of State,” had been committed and continue to take place in the DPRK and called for urgent action by the international community to address the human rights situation in the country, including referral to the International Criminal Court. The report cites many incidents of sexual violence, which the COI finds to rise to the level of crimes against humanity. For example, it is stated that: “Although not endorsed as general policy and contrary to prison regulations, the frequent incidences of rape form part of the overall pattern of crimes against humanity. Like in the political prison camps, cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy. The forced abortions to which pregnant inmates have been subjected constitute a form of sexual violence of a gravity that meets the threshold required for crimes against humanity.” Also, it is held that the State systematically uses violence and punishment to deter its citizens from exercising their human right to leave the country. Persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion and other forms of sexual violence. According to the COI these crimes can be qualified as crimes against humanity and include extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.
    Recommendations
    The COI recommends specifically on sexual violence: (1) to take immediate measures to ensure gender equality in practice, such as by providing equal access for women in public life and employment; eradicate discriminatory laws, regulations and practices affecting women; take measures to address all forms of violence against women, including domestic violence, sexual and gender-based violence by State agents and/or within State institutions; and respond immediately and effectively to trafficking in women, and address the structural causes that make women vulnerable to such violations; and (2) abolish the de facto prohibition on foreign travel imposed on ordinary citizens; decriminalize illegal border crossings and introduce border controls that conform to international standards; renounce orders to shoot and kill at the border; cease to regard citizens repatriated from China as political criminals or to subject them to imprisonment, execution, torture, arbitrary detention, deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; and abolish the State’s compulsory designation of places of residence and employment, as well as the requirement to obtain a permit for domestic travel outside a person’s designated province.
    Date of report / release
    1914-02-17

  • Literature

    MacKenzie, Megan H. - Female Soldiers in Sierra Leone

    Year
    2012
    Issues
    Female Perpetrators of Sexual Violence
    Country
    Sierra Leone
    Keywords
    Rape Women as Combatants Murder Characteristic of Perpetrator

    Reference link
    https://muse.jhu.edu/book/17639
    Full reference
    MacKenzie, Megan H., Female Soldiers in Sierra Leone: Sex, Security, and Post-conflict Development, NYU Press, 2012.
    Type of literature
    Book
    Research focus
    Perpetrators and Prevention
    Author
    MacKenzie, Megan H.
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Literature

    MacKinnon, Catherine A. - Defining Rape Internationally...

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Murder Consent Penetration Invasion

    Reference link
    https://www.researchgate.net/publication/294239355_Defining_rape_internationally_A_comment_on_Akayesu
    Full reference
    MacKinnon, Catherine A., "Defining Rape Internationally: A Comment on Akayesu", Columbia Journal of Transnational Law, 2006, vol. 44, no. 3, pp. 940-958.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    MacKinnon, Catherine A.
    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

    Military Court of South Kivu, DRC - The Kavumu Trial

    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Murder Rape Crimes Against Humanity Article 25 of the Rome Statute Acting with a Common Purpose Democratic Republic of Congo Armed Group

    Reference link
    https://trialinternational.org/wp-content/uploads/2017/12/Arr%C3%AAt-final_Kavumu_CM.pdf
    Type of mechanism
    Domestic court, Military Tribunal
    Name of mechanism
    The Military Court of South Kivu (Democratic Republic of Congo)
    Name of accused
    Frederic Rugimbanya Batumike and 19 others
    Charges
    18 of the defendants were charged with rape as a crime against humanity, murder and organization of and participation in a militia.
    sentencing
    The court sentenced 11 of the defendants, including Batumike, to life imprisonment.
    Status
    2715
    Case number
    RP0105/2017

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