Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 8 results.

  • Literature

    Askin, Kelly D. - A Decade of the Development of Gender Crimes...

    Year
    2004
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    NGO Torture Enslavement Sexual Violence against Men/Boys Rape with Foreign Objects

    Reference link
    https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=1370&context=hrbrief
    Full reference
    Askin, Kelly D, "A Decade of the Development of Gender Crimes in International Courts and Tribunals: 1993 to 2003", in Human Rights Brief, 2004, vol. 11, no. 3, pp. 16-19.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Askin, Kelly D.
    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

    ECCC - Kaing Guek Eav (“Duch”)

    Year
    2012
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Cambodia
    Keywords
    Penetration Reparation Vagina Rape/Sexual Violence in Detention Rape with Foreign Objects Joint Criminal Enterprise (JCE) Kunarac

    Reference link
    https://www.eccc.gov.kh/en/case/topic/90
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Kaing Guek Eav
    Charges
    Kaing was indicted on 8 August 2008 and the indictment was confirmed and partially amended on 5 December 2008 for crimes against humanity, including torture (which incorporated one instance of rape) and grave breaches of the 1949 Geneva Conventions (Articles 5, 6 and 29 (new) (JCE through ‘committing’) of the ECCC Law) committed in Phnom Penh and within the territory of Cambodia between 17 April 1975 and 6 January 1979. Kaing held a central leadership role at the Security Center S-21, which he abused by training, ordering, and supervising staff in the systematic torture and execution of prisoners deemed to be enemies of the Democratic Kampuchea regime.
    Trial chamber verdict
    On 26 July 2010, the Trial Chamber convicted Kaing for crimes against humanity, including torture (which included one instance of rape) and grave breaches of the 1949 Geneva Conventions under the JCE. The rape as torture conviction related to the incident where an S-21 staff member inserted a stick into the vagina of a detainee during an interrogation.
    sentencing
    Kaing was sentenced to 35 years’ imprisonment by the Trial Chamber. However, the Supreme Court quashed this decision and instead sentenced him to life imprisonment.
    Appeals chamber verdict
    On 6 July 6 2010, the Supreme Court confirmed and partly amended the conviction (the conviction for rape as torture as a crime against humanity remained standing). The Supreme Court stated the Trial Chamber had erred in law by attaching insufficient weight to the gravity of Kaing’s crimes as well as the aggravating circumstances in this case, and that that too much weight had been attached to the mitigating circumstances. Note that the Co-Prosecutors had requested that the Supreme Court Chamber cumulatively convict Kaing for both rape and torture as crimes against humanity. However, given the lack of support for the existence of rape as a distinct crime against humanity during the ECCC’s temporal jurisdiction, the Supreme Court Chamber found that the Trial Chamber erred in concluding that the incident that occurred at S-21 constituted rape as a crime against humanity. Accordingly, this part of the Co-Prosecutors’ appeal failed automatically. Rape was still charged and convicted as torture as a crime against humanity.
    Status
    2715
    Case number
    Case 001
    Reparations / awards
    The Trial Chamber admitted 64 applicants as Civil Parties and awarded them reparations, which included inclusion of the names and their deceased family members in the judgment and the compilation and publication of all statements of apology and acknowledgement of responsibility made by Duch on the ECCC website.

  • Jurisprudence judicial mechanism

    ICTR - Eliézer Niyitegeka

    Year
    2004
    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Sexual Violence against Men/Boys Rape with Foreign Objects Demasculinization/Castration Instigating

    Reference link
    http://www.unictr.org/en/cases/ictr-96-14
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Eliézer Niyitegeka
    Charges
    - Other inhumane acts as crimes against humanity under Article 6(1) for the castration of a man and hanging his genitals on a spike after he had been killed (aiding and abetting) and for ordering Interahamwe to insert a sharp piece of wood into a Tutsi woman’s vagina after she had been killed (ordering). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) and Article 6(3) (command responsibility). - Violence to life, health and physical or mental well-being of persons as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) (committing) and Article 6(3) (command responsibility).
    Trial chamber verdict
    Niyitegeka was found guilty by the Trial Chamber (on 16 May 2003) of: - Other inhumane acts as crimes against humanity Niyitegeka was found not guilty by the Trial Chamber of: - Rape as a crime against humanity because there was insufficient evidence that Niyitegeka raped a young girl on 20 May 1994 near the Gisovu-Kibuye road. - Violence to life, health and physical or mental well-being of persons as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as these charges had already been withdrawn by the Prosecution in its final trial brief.
    sentencing
    Niyitegeka received a sentence of life imprisonment.
    Appeals chamber verdict
    The conviction was affirmed by the Appeals Chamber on 9 July 2004.
    Status
    2715
    Case number
    ICTR-96-14

  • Jurisprudence judicial mechanism

    ICTR - Théoneste Bagosora (Bagasora et al. "Military I")

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Rape with Foreign Objects Improper Charges Inhuman Treatment Conspiracy

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-41
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Théoneste Bagosora
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(3) (command responsibility) for ordering crimes at Kigali area roadblock, including rapes and other forms of sexual violence; and under Article 6(3) (command responsibility) for the rape of a woman and the stripping of female Tutsi refugees at the Saint Josephite Centre and the rapes and sexual violence in Gikondo parish.- 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 a war crime under Article 6(3) (command responsibility) for the rapes committed at Kigali area roadblocks, the Saint Josephite centre and Gikondo parish. - Persecution as a crime against humanity under Article 6(3) (command responsibility) for ordering crimes at Kigali area roadblocks, which included rapes; and under Article 6(3) (command responsibility) for rapes committed at the Saint Josephite center and Gikondo parish. - Other inhumane acts as crimes against humanity under Article 6(3) (command responsibility) for the stripping of Tutsi female refugees at the Saint Josephite Centre and for the insertion of a bottle into Prime Minister Agathe Uwilingiyimana’s vagina after her death. - Violence to life, health and physical or mental well-being of persons as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility). - Conspiracy to commit genocide under Article 6(3) (command responsibility).
    Trial chamber verdict
    Bagasora was found guilty by the Trial Chamber on 18 December 2008 of: - Causing serious bodily or mental harm as genocide - Rape as a crime against humanity and outrages upon personal dignity - Persecution as a crime against humanity - Other inhumane acts as crimes against humanity Bagasora was found not guilty by the Trial Chamber of: - Violence to life, health and physical or mental well-being of persons as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime - Conspiracy to commit genocide as the Prosecution had not proven beyond reasonable doubt that the accused (besides Bagasora, Kabiligi, Ntabakuze and Nsengiyumva) had conspired among themselves or with others to commit genocide before it started.
    sentencing
    Bagasora was sentenced to 35 years’ imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 14 December 2011 reversed the finding of the Trial Chamber, with Judge Pocar dissenting, that Bagasora was guilty of other inhumane acts as crimes against humanity under Article 6(3) (command responsibility) for the insertion of a bottle into Prime Minister Agathe Uwilingiyimana’s vagina after her death, as this was not properly charged (charged was that the Prime Minister was first sexually assaulted and then killed). In addition, the Appeals Chamber held that the ordering of the sexual violence crimes at the roadblocks in Kigali area where all done under Article 6(3) and not also under Article 6(1), as previously held by the Trial Chamber. The other sexual violence convictions were upheld by the Appeals Chamber.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTY - Blagoje Simic ("Simic et al.")

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Acquittal Forced Oral Sex Forced Nudity Rape with Foreign Objects Urination

    Reference link
    http://www.icty.org/cases/party/779/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Blagoje Simic (“Simic et al.”)
    Charges
    Persecution as a crime against humanity under Article 7(1) (JCE I), which included sexual assaults of detainees (constituting beatings and torture) of Bosnian Croat, Bosnian Muslim and non-Serb civilians in the municipality of Bosanski Samac.
    Trial chamber verdict
    Simic was found guilty by the Trial Chamber on 17 October 2003 of persecution as a crime against humanity under Article 7(1) (JCE I).
    sentencing
    Simic was sentenced by the Appeals Chamber to 15 years’ imprisonment on 28 November 2006 (for other charges).
    Appeals chamber verdict
    Although Simic 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 November 2006, with Judge Mohamed Shahabuddeen and Judge Wolfgang Schomburg dissenting.
    Status
    2715
    Case number
    IT-95-9

  • Jurisprudence judicial mechanism

    MICT - Protais Mpiranya

    Issues
    Sexual Violence against Children Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape with Foreign Objects Forced Nudity Desecration of Corpse

    Reference link
    http://www.unmict.org/en/cases/mict-12-02
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Protais Mpiranya
    Charges
    On the basis of the amended indictment of 3 August 2012 (made public on 4 June 2013), Mpiranya is charged with the following sexual violence crimes (as alleged in paragraphs 47-56 and 63 of the indictment, including the rapes of Tutsi women and children by soldiers of the Presidential Guard Battalion and members of the Interahamwe in the Kimihurura sector in Kigali and the desecration of Agathe Uwilingiyimana’s corpse by thrusting a bottle of soda into her vagina and leaving her naked body on display): - Genocide under Article 6(1) (JCE I) and Article 6(3) (command responsibility) [NB. It seems that only killing (Article 2(3)(a)) as genocide is charged, even though the rapes are also subsumed under the genocide charge]. - Complicity in genocide on the basis of Article 2(3)(e) (in the alternative of genocide) under Article 6(1) (JCE I) and 6(3). - Rape as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) and 6(3). - Persecution as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3). - Other inhumane acts as crimes against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3).
    Status
    2778
    Case number
    MICT-12-02

  • Jurisprudence judicial mechanism

    Nyarugunga Primary Court, Kigali (ICTR transfer) - Bernard Munyagishari

    Issues
    Female Perpetrators of Sexual Violence
    Country
    Rwanda
    Keywords
    Ordering/Instigating Rape with Foreign Objects Interahamwe

    Reference link
    http://unictr.unmict.org/en/cases/ictr-05-89
    Type of mechanism
    Domestic court
    Name of mechanism
    Nyarugunga Primary Court, Kigali
    Name of accused
    Bernard Munyagishari
    Charges
    Munyagishari had been charged with sexual violence as follows (indictment of 9 June 2005): - Genocide or, alternatively, complicity in genocide, and rape as a crime against humanity under Article 6(1) for: (i) ordering or instigating a special corps of young Interahamwe called ‘Ntarumikwa’ to rape Tutsi women and girls (ordering or instigating); (ii) for instigating his wife Zainabou and the female group of Interahamwe she headed to sexually torture Tutsi women (instigating); and (iii) raping a young Tutsi student named Françoise during the three weeks she was held captive in his house (committing); and under Article 6(3) (command responsibility) for: (i) the rape of a young Tutsi student named Françoise by two Interahamwe under his effective control during the three weeks she was held captive in his house; and (ii) the crimes committed by his wife Zainabou and the female group of Interahamwe she headed, who were under his effective control, including sexually torturing Tutsi women, forcing iron rods into Tutsi women’s vaginas and asking Tutsi women to produce milk from their bodies.
    Status
    2778
    Case number
    MICT-12-20

  • 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)

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