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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