Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 7 results.
-
Jurisprudence judicial mechanism
ICTR - Alfred Musema
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Acquittal Akayesu Crimes Against Humanity Genocidal Rape Mutilation
- Reference link
- http://www.unictr.org/en/cases/ictr-96-13
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Alfred Musema
- Charges
- Causing serious bodily and mental harm as genocide under Article 6(1) (committing and aiding and abetting), including raping a young Tutsi woman named Nyiramusugi, and rape as a crime against humanity under Article 6(1) (committing) for raping Nyiramusugi.
- Trial chamber verdict
- Musema was convicted by the Trial Chamber (on 27 January 2000) for causing serious bodily and mental harm as genocide.
- sentencing
- The Appeals Chamber confirmed the sentence of life imprisonment.
- Appeals chamber verdict
- The convictions were reversed on appeal. The Appeals Chamber heard out-of-court statements of Witnesses CB and EB. It held that if these testimonies had been available at trial, there would have been a reasonable doubt as to the guilt of Musema with respect to the rape of Nyiramusugi. It thus found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity.
- Status
- 2715
- Case number
- ICTR-96-13
-
Jurisprudence judicial mechanism
ICTY - Dusko Tadic (“Prijedor”)
- Year
- 2000
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Forced Oral Sex Mutilation Insufficient Evidence Gang Rape Aiding and Abetting Rape/Sexual Violence in Detention
- Reference link
- http://www.icty.org/cases/party/787/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dusko Tadic
- Charges
- - Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner.- Persecution as a crime against humanity as far as the sexual violence crimes were concerned.
- Trial chamber verdict
- Tadic was found guilty by the Trial Chamber on 7 May 1997 of:- Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity Tadic was found not guilty by the Trial Chamber of:- Persecution as a crime against humanity as far as the sexual violence crimes were concerned. According to the Trial Chamber there was insufficient evidence regarding Tadic’s participation in sexual assault and torture inflicted through gang-rapes.
- sentencing
- Tadic was sentenced to 20 years’ imprisonment on 26 January 2000.
- Appeals chamber verdict
- The Appeals Chamber found Tadic on 15 July 1999 additionally guilty of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner as it was not established that the victims were protected persons. Thus, for the same acts as he was found guilty by the Trial Chamber.
- Status
- 2715
- Case number
- IT-94-1
-
Literature
Oosterveld, Valerie - Sexual Violence Directed against Men and Boys...
- Year
- 2014
- Issues
- Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1109&context=lawpub
- Full reference
- Oosterveld, Valerie, "Sexual Violence Directed against Men and Boys in Armed Conflict or Mass Atrocity: Addressing a Gendered Harm in International Criminal Tribunals", in Journal of international Law & International Relations, 2014, vol. 10, pp. 107-128.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Oosterveld, Valerie
-
Literature
Prescott, Jordan A. and Madsen, Adrian M. - Sexual Violence in Africa’s Conflict Zones
- Year
- 2011
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- https://www.worldcat.org/title/sexual-violence-in-africas-conflict-zones/oclc/688559387
- Full reference
- Prescott, Jordan A. and Adrian M. Madsen, Sexual Violence in Africa’s Conflict Zones, Nova Science Publisher’s 2011.
- Type of literature
- Book
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Prescott, Jordan A. and Madsen, Adrian M.
-
Literature
Solangon, Sarah and Patel, Preeti - Sexual Violence Against Men...
- Year
- 2012
- Issues
- Sexual Violence against Men
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/14678802.2012.724794
- Full reference
- Solangon, Sarah, and Preeti Patel, "Sexual Violence Against Men in Countries Affected by Armed Conflict", in Conflict, Security & Development, 2012, vol. 12, no. 4, pp. 417-442.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Solangon, Sarah and Patel, Preeti
-
Literature
Stemer Carlson, Eric - The Hidden Prevalence of Male Sexual Assault...
- Year
- 2006
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Forced Oral Sex Mutilation Rape with Foreign Objects Rape/Sexual Violence in Prison Psychosocial Trauma
- Reference link
- https://academic.oup.com/bjc/article-abstract/46/1/16/430333
- Full reference
- Carlson, Eric Stener, "The Hidden Prevalence of Male Sexual Assault During War", in British Journal of Criminology, 2006, vol. 46, no. 1, pp. 16-25.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Stemer Carlson, Eric
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Jurisprudence non-judicial mechanisms
The Sierra Leone Truth and Reconciliation Commission
- Country
- Sierra Leone
- Keywords
- Killings Mutilation
- Research focus
- Women and the Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- The Sierra Leone Truth and Reconciliation Commission
- Status
- 2715
- Recommendations
- The TRC made specific recommendations to redress the marginalization of women in education and in political and social life. One recommendation was women’s representation in public offices and as candidates in national and local government elections. The TRC also called on communities to make special efforts to encourage acceptance of the survivors of rape and sexual violence. The Ministry of Social Welfare and Gender Affairs was urged to establish a directory of donors and service providers for women. The government as a whole was urged to provide free psychological support and reproductive health services to affected women, while relief agencies were asked to provide female ex-combatants with skills training and other assistance to advance their social reintegration. The TRC urged reforms in Sierra Leone's legal, judicial, and police systems to make it easier for women to report cases of sexual and domestic violence. Laws that linked the prosecution of sexual offences to the moral character of the complainant were to be repealed. The government was urged to harmonize the national laws of Sierra Leone with the provisions of the Rome Statute of the International Criminal Court. The TRC recommended that the government should launch a campaign to end the customary practice of compelling women and girls who have been raped to marry the offender. The TRC called on community leaders to discourage the practice of accepting monetary compensation for the crimes of rape and sexual violence as an alternative to reporting the cases for criminal prosecution. It also called for the repeal of laws and customs that discriminate against women in marriage, inheritance, divorce, and property ownership. The TRC recommended that UNICEF participate in efforts to improve women's social status, including skills training, adult education, HIV/AIDS education, abolition of harmful customary practices, and leadership programs. To enhance women's role in decision-making, the TRC recommended that political parties ensure that at least 30 percent of their candidates for public offices should be women, and that the government should work to achieve a similar ratio in the cabinet and other political posts. The TRC recommended that microcredit schemes should target female ex-combatants, internally displaced women, female heads of households, and war widows. Concerning education, the TRC recommended that the government should strive to provide free and compulsory education and to end the practice of expelling from educational institutions girls who become pregnant. The TRC highlighted the difficult situation of war widows, many of whom were barred by tradition and custom from owning property, accessing land, and inheriting property from their husbands. In certain ethnic groups, the estate of a deceased man is passed on to the closest male relative. The TRC recommended the repeal of all laws, customs, and practices that discriminate against widows and prevent them from owning or holding land.
- Date of report / release
- 1904-10-05
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