Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 101 to 110 of 115 results.
  • Literature

    Smeulers, Alette - Female Perpetrators: Ordinary or Extra-ordinary Women?

    Year
    2015
    Issues
    Female Perpetrators of Sexual Violence
    Country
    Rwanda
    Keywords
    Rape Women as Combatants Mass Violence Characteristic of Perpetrator Aiding

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/37129255/ICLA_015_02_01_Smeulers.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1549301127&Signature=MiUW0njA7ax2FafZhMR1kXMv9i8%3D&response-content-disposition=inline%3B%20filename%3DFemale_Perpetrators_Ordinary_or_Extra-or.pdf
    Full reference
    Smeulers, Alette, "Female Perpetrators: Ordinary or Extra-ordinary Women?", in International Criminal Law Review, 2015, vol. 15, pp. 205-251.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Smeulers, Alette

  • Jurisprudence non-judicial mechanisms

    South African Truth and Reconciliation Commission

    Country
    South Africa
    Keywords
    Rape Threat of Rape Sexual Abuse Humiliating and Degrading Treatment

    Research focus
    Inequality and Discrimination against Women during Armed Conflict
    Type of mechanism
    Truth Commission
    Name of mechanism
    South African Truth and Reconciliation Commission
    Status
    2715
    Findings
    There, the TRC concludes that the state was responsible for the severe ill treatment of women in custody through harassment and the deliberate withholding of medical attention, food, and water. Women were abused by the security forces in ways that specifically exploited their vulnerabilities as women, such as rape or threats of rape and other forms of sexual abuse, threats against family and children, removal of children from their care, false stories about illness or death of family members and children, and humiliation and abuse surrounding biological functions such as menstruation and childbirth.
    Recommendations
    Among their recommendations and proposals of reconciliation, the TRC stressed the importance of being sensitive to the needs of groups that have been particularly disadvantaged in the past, notably women and children. The recommendations of the final report related to specific areas in the public and private sectors that the TRC believed could assist in the consolidation of democracy, the building of a culture of human rights, and the reconciliation process. The TRC recommended, for example, that government should pay more attention to the transformation of education, the provision of shelter, access to clean water and health services, and the creation of job opportunities. It will be impossible to create a meaningful human rights culture, the TRC argued, without high priority to economic justice. Moreover, the TRC urged that human rights curricula be introduced in formal education, specialized education, and the training of law enforcement personnel. Issues such as racism, gender discrimination, conflict resolution, and the rights of children should be included in such curricula. Concerning the administration of justice, the TRC recommended training in human rights principles and issues, including gender-specific abuse and appropriate responses. It also urged that imbalances in the racial and gender composition of judges on the high court be urgently addressed and that a fast-track judicial training program be introduced for black and female advocates, attorneys, and academics who aspired to judicial appointment. The TRC also suggested that the media intensify programs of affirmative action and empowerment of women to ensure better gender balance.
    Date of report / release
    2098-10-28

  • Literature

    Spangaro, Jo et al. - Mechanisms Underpinning Interventions to Reduce Sexual Violence...

    Year
    2015
    Issues
    Modes of Liability

    Reference link
    http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.798.9288&rep=rep1&type=pdf
    Full reference
    Spangaro, Jo, et al., "Mechanisms Underpinning Interventions to Reduce Sexual Violence in Armed Conflict: A Realist-informed Systematic Review", in Conflict and Health, 2015, vol. 9, no. 1, pp. 1-14.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Spangaro, Jo; Adogu, Chinelo;Zwi, Anthony B.; Ranmuthugala, Geetha and Powell Davies, Gawaine

  • Literature

    Stemple, Lara - Male Rape and Human Rights

    Year
    2009
    Issues
    Sexual Violence against Men

    Reference link
    https://repository.uchastings.edu/cgi/viewcontent.cgi?article=3728&context=hastings_law_journal
    Full reference
    Stemple, Lara, "Male Rape and Human Rights", in Hastings Law Journal, 2009, vol. 60, no. 3, pp.605-647.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Stemple, Lara

  • Literature

    Storr, Will - The Rape of Men: The Darkest Secret of War...

    Year
    2011
    Issues
    Sexual Violence against Men
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Sexual Violence against Men/Boys Rape Masculinity Patriarchy Isolation

    Reference link
    https://www.theguardian.com/society/2011/jul/17/the-rape-of-men
    Full reference
    Storr, Will, "The Rape of Men: The Darkest Secret of War", The Observer, available at https://www.theguardian.com/society/2011/jul/17/the-rape-of-men, last accessed at 04 February 2019.
    Type of literature
    Journal Article
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Storr, Will

  • 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

  • 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

    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

    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.

  • 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).

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