Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 5 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
IACtHR - Raquel Marti de Mejía v. Peru
- Year
- 1996
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Peru
- Keywords
- Discrimination Definition of Rape Outrages upon Personal Dignity Right to an Effective Remedy State Responsibility Rape, Torture Private Life
- Reference link
- http://cidh.org/annualrep/95eng/Peru10970.htm
- Type of mechanism
- Regional court
- Name of mechanism
- Inter-American Court of Human Rights
- Status
- 2715
- Findings
- The IACHR acknowledged that rape could rise to the level of torture, an aggravated form of inhumane treatment, which is prohibited by Article 5(2) of the ACHR. The Court held that rape constitutes torture, in line with the United Nations Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, if the rape was: “1) an intentional act through which physical and mental pain and suffering is inflicted on a person; 2) committed with a purpose; and 3) committed by a public official or by a private person acting at the instigation of the former.” As to the case of Mejía, the IACtHR established that rape as torture had been committed against her: “Raquel Mejía was a victim of rape, which caused her physical and mental pain and suffering (…) [She] was raped with the aim of punishing her personally and intimidating her (…) [T]he man who raped [her] was a member of the security forces.” The IACtHR thus concluded that the rape of Mejía amounted to torture and since an official of the Peruvian state perpetrated the rape, the IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation. In addition, the IACtHR also emphasized that rape not only constitutes a severe violation of Article 5 of the ACHR, but also amounts to a violation of Article 11 of the ACHR (the right to privacy by safeguarding the right to have “honor respected” and “dignity recognized”). The IACtHR explained that it “considers that sexual abuse (…) implies a deliberate outrage to [the victim’s] dignity. In this respect, it becomes a question that is included in the concept of “private life”. The IACtHR concluded that the offender abrogated Mejía’s right to privacy when he raped her. It attributed responsibility for the Article 11 violations to the Peruvian state because a public official perpetrated the rape and encouraged Peru to hold the offenders accountable. Lastly, the IACtHR held that Peru’s failure to act with due diligence in guaranteeing Mrs. Mejía’s right to an effective judicial recourse for the human rights violations she and her husband, Mr. Mejía, suffered constituted a violation of Articles 1(1) (Right to non-discrimination), 8(1) (Right to due process), and 25 (Right to an effective recourse) of the ACHR.
- Case number
- Case 10.970
- Reparations / awards
- The IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation.
-
Jurisprudence judicial mechanism
ICTR - Justin Mugenzi (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Insufficient Evidence Outrages upon Personal Dignity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-99-50
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Justin Mugenzi
- Charges
- Mugenzi was charged in the indictment with:Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).However, the charges were not substantiated with material facts related to the sexual violence.
- Trial chamber verdict
- Mid-trial, in 2005, Mugenzi was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugenzi was acquitted by the Trial Chamber (on 30 September 2011) on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
- Appeals chamber verdict
- Mugenzi was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
-
Jurisprudence judicial mechanism
ICTR - Prosper Mugiraneza (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Genocide Insufficient Evidence Outrages upon Personal Dignity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-99-50
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Prosper Mugiraneza
- Charges
- Mugiraneza was charged in the indictment with:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
- Trial chamber verdict
- The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Mugiraneza was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugiraneza was acquitted by the Trial Chamber on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
- Appeals chamber verdict
- Mugiraneza was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
-
Literature
Oosterveld, Valerie - Gender and the Charles Taylor Case...
- Year
- 2012
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes Modes of Liability
- Country
- Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage Outrages upon Personal Dignity Responsibility Enslavement
- Reference link
- https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1110&context=lawpub
- Full reference
- Oosterveld, Valerie, "Gender and the Charles Taylor Case at the Special Court for Sierra Leone", in Wm. & Mary J. Women & L., 2012-2013, vol. 19, no. 7, pp. 7-33.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Oosterveld, Valerie
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
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