Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 115 results.
  • Literature

    Zenovich, Jennifer A. and Cooks, Leda - A Feminist Postsocialist Approach to the Intercultural Communication of Rape at the ICTY

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Socio-cultural Context of Sexual Violence
    Country
    Former Yugoslavia
    Keywords
    Nationalism Feminism Rape Sexual Violence

    Reference link
    http://www.tandfonline.com/doi/full/10.1080/10510974.2018.1472118
    Full reference
    Jennifer A. Zenovich and Leda Cooks, “A Feminist Postsocialist Approach to the Intercultural Communication of Rape at the ICTY”, in Communication Studies, 2018, vol. 69, no. 4, pp. 404-420.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence, Impacts of Sexual Violence Crimes Prosecutions

  • Literature

    Zarkov, Dubravka - The Body of the Other Man - Sexual Violence...

    Year
    2001
    Issues
    Sexual Violence against Men
    Country
    Croatia, Serbia
    Keywords
    Rape Media Masculinity Castration Denial

    Reference link
    https://www.press.uchicago.edu/ucp/books/book/distributed/V/bo20852839.html
    Full reference
    Zarkov, Dubravka, "‘The Body of the Other Man' - Sexual Violence and the Construction of Masculinity, Sexuality and Ethnicity in the Croatian Media”, in C.O.N. Moser and F.C. Clark (eds.), Victims, Perpetrators or Actors? Gender, Armed Conflict and Political Violence, Zed Books, London/New York, 2001.
    Type of literature
    Chapter in Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Zarkov, Dubravka

  • Literature

    Wood, Elisabeth J. - Armed Groups and Sexual Violence...

    Year
    2009
    Issues
    Socio-cultural Context of Sexual Violence Role of Non-state Actors in Perpetrating Violence
    Country
    Sri Lanka
    Keywords
    Rape Rape as a Weapon of War Gender-Based Violence Liberation Tigers of Tamil Eelam (LTTE) Sexual War Violence

    Reference link
    https://nobelwomensinitiative.org/wp-content/uploads/2011/05/Wood_When_is_Wartime_Rape_Rare.pdf
    Full reference
    Wood, Elisabeth Jean, "Armed Groups and Sexual Violence: When is Wartime Rape Rare?", in Politics & Society, 2009, vol. 37, no. 1, pp. 131-161.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Wood, Elisabeth J.

  • Literature

    Ward, Jeanne and Marsh, Mendy - Sexual Violence against Women and Girls in War...

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Former Yugoslavia, Rwanda
    Keywords
    Rape Torture Armed Conflict Media

    Reference link
    http://www.operationspaix.net/DATA/DOCUMENT/1045~v~Sexual_Violence_Against_Women_and_Girls_in_War_and_Its_Aftermath___Realities_Responses_and_Required_Resources.pdf
    Full reference
    Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, United Nations Population Fund (UNFPA), 2006.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Ward, Jeanne and Marsh, Mendy

  • Jurisprudence judicial mechanism

    USA Court of Appeals for the Sixth Circuit - Steven D. Green (“Al-Mahmudiyah massacre”)

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    United States of America
    Keywords
    Rape War Crimes Child Sex Abuse/Molestation Children under 15 Children in Armed Conflict Civilian Gang Rape

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1197
    Type of mechanism
    Domestic court
    Name of mechanism
    USA Court of Appeals for the Sixth Circuit
    Name of accused
    Steven D. Green
    Charges
    Green was charged with several crimes of murder and aggravated sexual abuse (of a child) under the Military Extraterritorial Jurisdiction Act (MEJA).
    Trial chamber verdict
    On 7 May 2009, the jury found him guilty of rape and murder.
    sentencing
    Green received a life sentence without parole on 4 September 2009. he persuambly committed suicide and was found dead in his prison on 18 February 2014. [Of the four other soldiers involved in the crimes, three pleaded guilty in court-martial proceedings: Spc. James P. Barker and Sgt. Paul E. Cortez were sentenced to 90 and 100 years respectively, while Pfc. Bryan L. Howard, who had prior knowledge of the plans, was sentenced to 27 months in jail. The fourth, Pfc. Jesse V. Spielman, was convicted by a military jury and sentenced to 110 years.]
    Appeals chamber verdict
    The US Court of Appeals upheld his conviction on 16 August 2011.
    Status
    2715
    Case number
    09-6108/6123

  • Jurisprudence judicial mechanism

    The Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, Japan – Comfort Women Case

    Country
    Japan
    Keywords
    Comfort Women Sexual Slavery Forced Prostitution Rape Sexual Violence against Girls Women Rights World War II

    Reference link
    http://www.asser.nl/upload/documents/DomCLIC/Docs/NLP/Japan/Comfort_Women_Judgement_04-12-2001_part_1.pdf
    Type of mechanism
    Military Tribunal
    Name of mechanism
    Women’s International Tribunal on Japanese Military Sexual Slavery
    Name of accused
    Emperor Hirohito Showa, Ando Rikichi, Hata Shunroku, Itagaki Seishiro, Kobayashi Seizo, Matsui Iwane, Umezu Yoshijiro, Terauchi Hisaichi, Tojo Hideki, Yamashita Tomoyuki, The Government of Japan
    Charges
    Participating, aiding and abetting of the Japanese army’s so called “comfort system”. This allegedly state-sanctioned system included mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories.
    Trial chamber verdict
    The Tribunal found that due to its widespread and organised structure, the “comfort system” was facilitating rape and sexual slavery of tens of thousands of girls and women and essentially qualified as state-sanctioned system of rape and enslavement. The Trial furthermore concluded that all elements of a crime against humanity had been fulfilled.The Tribunal found all nine high-ranking military and government officials, as well as Emperor Hirohito, guilty of rape and sexual slavery as crimes against humanity. Emperor Hirohito was also found guilty by way of his superior responsibility for mass rape committed at a Filipino village. The Tribunal furthermore found the Japanese government responsible for the harm inflicted by the “comfort system”.
    sentencing
    All accused were already dead by the time the trial was held.
    Status
    2715
    Case number
    PT-2000-1-T
    Reparations / awards
    The Tribunal emphasised that while it has no power to enforce its judgment and consequently reparations and compensations, it does have moral authority, which should be enough to ensure enforcement by the national governments and the international community (paras. 1086-1088).

  • Jurisprudence judicial mechanism

    The Extraordinary African Chambers - Hissène Habré

    Country
    Senegal
    Keywords
    Rape Crimes Against Humanity Article 25 of the Rome Statute Political Leaders Chad

    Reference link
    https://www.hrw.org/sites/default/files/supporting_resources/arret_integral.pdf
    Type of mechanism
    Hybrid court
    Name of mechanism
    The Extraordinary African Chambers
    Name of accused
    Hissène Habré
    sentencing
    Habre was sentenced to life imprisonment on 27 April 2017.

  • Literature

    TRIAL International - Compensating Survivors in Criminal Proceedings

    Year
    2016
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Victims of Sexual Violence
    Country
    Bosnia Herzegovina
    Keywords
    Armed Conflict Rape Compensation Access to Justice Traumatization

    Reference link
    http://trialinternational.org/wp-content/uploads/2016/11/TRIAL-International_compensation-publication_EN_web.pdf
    Full reference
    Delbyck, Kyle, “Compensating Survivors in Criminal Proceedings: Perspectives from the Fields-A report by TRIAL International in Bosnia and Herzegovina”, available at trialinternational.org/wp-content/uploads/2016/11/TRIAL-International_compensation-publication_EN_web.pdf, last accessed at 07 March 2019.
    Type of literature
    Grey Literature
    Research focus
    Sexual Violence Data Collection, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes

  • Jurisprudence judicial mechanism

    Superior Court, Criminal Division; Court of Appeal, Quebec - Desire Munyaneza

    Year
    2014
    Issues
    Sexual Violence as a Weapon of War
    Country
    Canada
    Keywords
    Rape Sexual Assault/Attack/Abuse

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1176
    Type of mechanism
    Domestic court
    Name of mechanism
    Superior Court, Criminal Division; Court of Appeal, Quebec
    Name of accused
    Desire Munyaneza
    Charges
    Munyaneza was charged (in October 2005) under Canada’s 2000 Crimes against Humanity and War Crimes Act for genocide, crimes against humanity and war crimes, which included sexual violence (at least explicitly for crimes against humanity and war crimes, although possibly also for genocide as ‘causing serious bodily or mental harm’).
    Trial chamber verdict
    On 22 May 2009, the Quebec Superior Court found Munyaneza guilty for the criminal offences of genocide, crimes against humanity and war crimes for abducting, raping, sexually assaulting, and killing Tutsis, and for pillaging of their properties.
    sentencing
    Munyaneza was sentenced to life imprisonment with no chance of parole for 25 years, which is the maximum sentence available in Canadian law.
    Appeals chamber verdict
    Following his conviction, Munyaneza appealed both the conviction and his sentence. One of his arguments was that the acts of murder, sexual violence and pillaging do not constitute war crimes according to international law that was in force in 1994, or, alternatively, according to Canadian law in force at the time. On 7 May 2014, the Quebec’s Court of Appeal rejected Munyaneza’s grounds of appeal and confirmed the first-instance verdict.
    Status
    2715
    Case number
    500-73-002500-052

  • Literature

    Studzinsky, Silke - Neglected Crimes: The Challenge of Raising Sexual and Gender-Based Crimes...

    Year
    2012
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Cambodia
    Keywords
    Gender-Based Crimes Gender-Based Violence Rape Prosecution Forced Marriage

    Reference link
    https://link.springer.com/chapter/10.1057/9780230348615_4
    Full reference
    Studzinsky, Silke, "Neglected Crimes: The Challenge of Raising Sexual and Gender-Based Crimes before the Extraordinary Chambers in the Courts of Cambodia", in Susanne Buckley-Zistel and Ruth Stanley (eds.), Gender in Transitional Justice, Palgrave Macmillan, 2012, pp. 88-112.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Studzinsky, Silke

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