Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 21 to 30 of 115 results.
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Jurisprudence judicial mechanism
SCSL - Augustine Gbao (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage AFRC RUF Lack of Consent Joint Criminal Enterprise (JCE) Rape
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Augustine Gbao
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Kailahun District.
- Trial chamber verdict
- Gbao was found guilty by the Trial Chamber on 2 March 2009 of:- Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes
- sentencing
- Gbao was sentenced to 25 years’ imprisonment on 26 October 2009.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
-
Literature
Rouhani, Shada A. et al. - Stigma and Parenting Children...
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Rape Unwanted Pregnancy Maternal Anxiety Mental Health Disorders
- Reference link
- http://pediatrics.aappublications.org/content/pediatrics/early/2015/09/29/peds.2014-3373.full.pdf
- Full reference
- Rouhani, Shada A., Jennifer Scott, Ashley Greiner, Katherine Albutt, Michele R. Hacker, Philipp Kuwert, Michael VanRooyen and Susan Bartels, "Stigma and Parenting Children Conceived from Sexual Violence", Pediatrics, 2015, vol. 136, no. 5, pp. 1195-1203.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Rouhani, Shada A.; Scott, Jennifer; Greiner, Ashley; Albutt, Katherine; Hacker, Michele R. Kuwert, Philipp; VanRooyen, Michael and Bartels, Susan
-
Literature
Rogers, Shayna - Sexual Violence or Rape...
- Year
- 2016
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/gwilr48&div=13&id=&page=
- Full reference
- Rogers, Shayna, "Sexual Violence or Rape as a Constituent Act of Genocide: Lessons from the Ad Hoc Tribunals and a Prescription for the International Criminal Court", in George Washington Law Review, 2016, vol. 48, no.2, pp. 265-314.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Rogers, Shayna
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Literature
Reis, Chen - Ethical, Safety and Methodological Issues Related to Collection and Use of Data on Sexual Violence in Conflict
- Year
- 2013
- Reference link
- https://intersentia.be/nl/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
- Full reference
- Reis, Chen, "Ethical, Safety and Methodological Issues Related to Collection and Use of Data on Sexual Violence in Conflict", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 189-210.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Reis, Chen
-
Literature
Ranharter, Katherine and Stansfield, Gareth - Acknowledging the Suffering Caused by State-Mandated Sexual Violence...
- Year
- 2015
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Iraq
- Keywords
- Rape Gender-Based Crimes Impunity Prosecution
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/00263206.2015.1058255
- Full reference
- Ranharter, Katherine and Gareth Stansfield, "Acknowledging the Suffering Caused by State-Mandated Sexual Violence and Crimes: An Assessment of the Iraqi High Tribunal", in Middle Eastern Studies, 2015, vol. 52, no. 1, pp. 27-45.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Ranharter, Katherine and Stansfield, Gareth
- Type of mechanism
- Domestic court
- Name of mechanism
- Iraqi High Tribunal (IHT)
-
Literature
Quénivet, Noel N.R. - Sexual Offenses in Armed Conflict...
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Bosnia Herzegovina
- Keywords
- Feminist Approach Rape NGO Humanitarian Law
- Reference link
- https://brill.com/view/title/13892
- Full reference
- Quénivet, Noëll N.R., Sexual Offenses in Armed Conflict and International Law, Transnational Publishers, 2005.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Quénivet, Noëll N.R.
-
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.
-
Jurisprudence non-judicial mechanisms
Peruvian Truth and Reconciliation Commission
- Country
- Peru
- Keywords
- Forced Prostitution Forced Pregnancy Forced Nudity Rape Torture
- Research focus
- Inequality and Discrimination against Women during Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- Peruvian Truth and Reconciliation Commission
- Status
- 2715
- Findings
- The TRC found that cases of sexual violence against women were significantly rarer than those of other human rights violations. As in South Africa, however, victims’ feelings of guilt and shame may have led to underreporting. Another reason for the underrepresentation was that much of the sexual violence occurred in the context of other human rights violations, such as massacres, arbitrary detentions, summary executions, and torture. Such abuses tend to overshadow cases of sexual violence, even where the sexual violence can be discerned. The TRC found no evidence of criminal prosecutions of members of the army or the police who committed sexual abuses; nor did it uncover information indicating that complaints filed by victims of sexual violence had been investigated. Sexually abused women often were discriminated against by their own communities and families. This hostile environment made it very difficult for victims to denounce the crimes.
- Recommendations
- It recommended that women who assumed leadership roles during the armed conflict should be recognized appropriately. Concerning health reparations, the TRC suggested that the state should identify the specific needs of women, especially in mental health. It also recommended that the impact of violence in families and gender relationships should be identified.
- Date of report / release
- 1903-08-28
- Reparations / awards
- The final report included a comprehensive plan of reparations (PIR) for victims of the violence. The TRC recognized the importance of the gender perspective in the PIR and the need for equal participation of men and women in its implementation. The PIR included symbolic reparations like public gestures, acts of acknowledgement, memorials, and sites of memory. The TRC urged that abuses and crimes against women should be explicitly mentioned in all such events. Finally, the TRC proposed economic reparations for victims of rape and children born as a result of rape.
-
Literature
Oosterveld, Valerie – Gender-Based Crimes against Humanity
- Year
- 2011
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
- Reference link
- http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1885721
- Full reference
- Valerie Oosterveld, “Gender-Based Crimes against Humanity”, in Leila N. Sadat (ed.), Forging a Convention for Crimes against Humanity, Cambridge University Press, 2011, pp. 78-101.
- Type of literature
- Chapter in Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Oosterveld, Valerie
-
Literature
Nduwimana, Francoise - The Right to Survive: Sexual Violence...
- Year
- 2004
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Rwanda, Burundi, Sierra Leone, Democratic Republic of Congo (DRC)
- Keywords
- HIV Rape Ethnic Cleansing Survivor
- Reference link
- http://publications.gc.ca/collections/Collection/E84-13-2004E.pdf
- Full reference
- Nduwimana, Francoise, The Right to Survive: Sexual Violence, Women and HIV/AIDS, Rights and Democracy (International Centre for Human Rights and Democratic Development), 2004.
- Type of literature
- Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Nduwimana, Francoise
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