Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 115 results.

  • Jurisprudence non-judicial mechanisms

    International Commission of Inquiry on Guinea

    Country
    Guinea
    Keywords
    Rape Humiliating and Degrading Treatment Forced Nudity Sexual Slavery Killings

    Reference link
    www.legal-tools.org/en/browse/record/c5939f/
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Guinea
    Status
    2715
    Findings
    On 28 September 2009, the red berets and gendarmes surrounded the stadium, blocked the exits, stormed through the main gates, fired tear gas and set about killing or wounding the demonstrators or subjecting them to sexual assault. In under two hours, hundreds of civilians had died or been seriously wounded, stripped in public and subjected to widespread sexual abuse, being unable to flee as the exits from the stadium had been blocked. The authorities then began an organized attempt to cover up the crimes and, as a result, at least 89 persons have been reported missing, some are suffering from permanent injuries, while others will be afflicted with long-term physical and mental suffering. Among the many crimes the COI confirmed (e.g. killings), it also confirmed that at least 109 women were subjected to (gang) rape and other sexual violence, including sexual mutilation and sexual slavery. Several women died of their wounds following particularly cruel sexual attacks. Women were subjected to collective rape, often involving the use of objects, in public places, and all these acts were committed over a period of less than two hours, mainly in one place, in full view and with the full knowledge of all those who were present.
    Recommendations
    On 18 December 2009, the COI recommended, <i>inter alia</i>, that the Guinean Government should be strongly urged to provide the families concerned with all relevant information on the case of persons who have disappeared, that the International Criminal Court should be asked to investigate the persons alleged to have committed crimes against humanity, that adequate reparation should be made to the victims and that targeted sanctions should be imposed against the principal perpetrators of the violations.&nbsp; <b>The COI qualified the acts committed as: (1) violations of human rights and (2) violations of international criminal law.</b> As for the violations of human rights it held that the sexual slavery to which a number of women were subjected constitutes, <i>inter alia</i>, a <i>violation of the prohibition against holding anyone in slavery or servitude </i>(Article 8 of the ICCPR). The at least 109 women who were found subjected to sexual violence were held to be grave violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, i.e. <i>torture</i> (Article 1). These acts inflicted “severe pain or suffering” in order to punish the victims for an act which they had committed (participation in a demonstration prohibited by the Government) and to intimidate them, particularly to deter them from demonstrating against the authorities in the future. The persons responsible for these acts were soldiers, gendarmes, policemen and militiamen. The latter clearly acted “at the instigation of [a public official] or with the consent or acquiescence [of a public official]” since they were operating in conjunction with the security forces which were engaged in repression. Some of these acts, such as stripping women naked in public or certain less severe types of aggression, may be categorized as <i>cruel, inhuman or degrading treatment</i>, the COI stated. These acts of sexual violence were also considered <i>violations of the Convention on the Elimination of All Forms of Discrimination against Women</i>, since they were clearly directed against women as such. As for the violations of international criminal law, the COI held that it was established that <i>crimes against humanity</i> had been committed, <i>including rape, sexual slavery and sexual violence</i>. The COI referred to the Rome Statute for the prohibition of rape and other forms of sexual violence as a crime against humanity (Article 7(1)(g)).
    Date of report / release
    1909-12-18
    Reparations / awards
    <p style="text-align:justify; line-height:115%"><span lang="EN-US">As for the reparations, specific mention was made of the victims of sexual violence. It was held that victims should receive, e.g.: </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(1) medical treatment and adequate care, in particular for the victims of sexual violence, who should be given treatment for HIV/AIDS and other sexually transmitted diseases; and </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(2) psychological counselling, particularly for victims of gender-based violence, especially rape and sexual violence.</span></p>

  • Jurisprudence judicial mechanism

    Military Court of South Kivu, DRC - The Kavumu Trial

    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Murder Rape Crimes Against Humanity Article 25 of the Rome Statute Acting with a Common Purpose Democratic Republic of Congo Armed Group

    Reference link
    https://trialinternational.org/wp-content/uploads/2017/12/Arr%C3%AAt-final_Kavumu_CM.pdf
    Type of mechanism
    Domestic court, Military Tribunal
    Name of mechanism
    The Military Court of South Kivu (Democratic Republic of Congo)
    Name of accused
    Frederic Rugimbanya Batumike and 19 others
    Charges
    18 of the defendants were charged with rape as a crime against humanity, murder and organization of and participation in a militia.
    sentencing
    The court sentenced 11 of the defendants, including Batumike, to life imprisonment.
    Status
    2715
    Case number
    RP0105/2017

  • 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.

  • 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

  • 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).

  • Literature

    Brownmiller, Susan - Against Our Will: Men, Women and Rape

    Year
    1975
    Issues
    Socio-cultural Context of Sexual Violence

    Reference link
    https://psycnet.apa.org/record/2004-20005-001
    Full reference
    Brownmiller[PubMed] [Google Scholar], Susan, Against Our Will: Men, Women and Rape, New York: Fawcett Columbine, 1975.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Brownmiller, Susan

  • Literature

    Cleiren, Tineke and Tijssen, Melanie - Rape and Other Forms of Sexual Assault...

    Year
    1994
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Rape Sexual Assault/Attack/Abuse Prosecution Armed Conflict

    Reference link
    https://link.springer.com/article/10.1007%2FBF01683226
    Full reference
    Cleiren, Tineke and Melanie Tijssen, "Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issues", in Criminal Law Forum (1994, vol. 2, no. 2, pp. 471-506.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Cleiren, Tineke and Tijssen, Melanie
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Aafjes, Astrid and Goldstein, Anne T. – Gender Violence: The Hidden War Crime

    Year
    1998
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://genderandsecurity.org/projects-resources/research/gender-violence-hidden-war-crime
    Full reference
    Astrid Aafjes, Anne T. Goldstein, Gender Violence: The Hidden War Crime, Women, Law & Development International, Washington, 1998.
    Type of literature
    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

  • Literature

    Moshan, Brook S. - Women, War, and Words...

    Year
    1998
    Issues
    Definitions/Elements of Sexual Violence Crimes

    Reference link
    https://pdfs.semanticscholar.org/b222/525366f03084fb524513e54a5194b6ea81f0.pdf
    Full reference
    Moshan, Brook Sari, "Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity", in Fordham International Law Journal, 1998, vol. 22, no.1, pp. 154-183.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Moshan, Brook S.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).