Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 23 results.
  • 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

  • Jurisprudence judicial mechanism

    ICTY - Milivoj Petkovic (“Prlic et al.”)

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    War Crimes HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milivoj Petkovic
    Charges
    - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
    Trial chamber verdict
    Petkovic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Petkovic was sentenced to 20 years’ imprisonment by the Trial Chamber, and the Appeals Chamber confirmed this sentence on 29 November 2017.
    Appeals chamber verdict
    On 29th November 2017, the Appeals Chamber in its judgment granted Petkovic’s appeal in part, although it affirmed the sentence of 20 years of imprisonment against him.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTY - Jadranko Prlic (“Prlic et al.”)

    Year
    2013
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence Inhuman Treatment War Crimes Rape as Crime Against Humanity

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Jadranko Prlic
    Charges
    - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes [add factual incidents for this case and co-accused].
    Trial chamber verdict
    Prlic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Prlic was sentenced to 25 years’ imprisonment on 29 May 2013.
    Appeals chamber verdict
    The Appeals Chamber on 29 November 2017 confirmed the convictions and charges by the Trial Chamber.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTY - Dragoljub Kunarac (Kunarac et al. "Foca")

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Penetration Sexual Slavery Lack of Consent Aiding and Abetting Vagina Rape as Crime Against Humanity Kunarac

    Reference link
    http://www.icty.org/cases/party/712/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragoljub Kunarac
    Charges
    - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) (committing and aiding and abetting) for: (i) taking FWS-75 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped D.B. and aided and abetted the gang-rape of FWS-75 by several soldiers; (ii) taking FWS-87, FWS-75, FWS-50 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped FWS-87 and aided and abetted the torture and rapes of FWS-87, FWS-75 and FWS-50 by soldiers; (iii) transferring FWS-95 from Partizan Sports Hall to his headquarters at Ulica Osmana Ðikica no. 16, where he raped her; (iv) taking FWS-87 to a room on the upper floor of Karaman’s house in Miljevina, where he raped her; (v) threatening to kill FWS-183 and her son while he tried to obtain information or a confession from FWS-183 concerning her alleged sending of messages to the Muslim forces and information about the whereabouts of her valuables and for raping her on that occasion; and (vi) raping FWS-191 and aiding and abetting the rape of FWS-186 by soldiers in an abandoned house in Trnovace.- Enslavement as a crime against humanity under Article 7(1) (committing and aiding and abetting) for the enslavement of FWS-186 and FWS-191 for a period of six months in a house in Trnovace and for treating them as his property.- Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48.- Outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) for taking FWS-186, FWS-191 and J.G. from the house Ulica Osmana Ðikica no. 16 to the abandoned house of Halid Cedic in Trnovace, where they were raped, and for raping FWS-191 approximately 6 months and treating FWS-186 and FWS-191 as his personal property.
    Trial chamber verdict
    Kunarac was found guilty by the Trial Chamber on 22 February 2001 of: - Torture as a crime against humanity - Rape as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime - Rape as a violation of the laws or customs of war as a war crime - Enslavement as a crime against humanity Kunarac was found not guilty by the Trial Chamber of: - Torture as a crime against humanity, rape as a crime against humanity, torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime for taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48. - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Kunarac received a sentence of 28 years’ imprisonment on 12 June 2002.
    Appeals chamber verdict
    The convictions by the Trial Chamber were upheld by the Appeals Chamber on 12 June 2002.
    Status
    2715
    Case number
    IT-96-23 and IT-96-23/1

  • Jurisprudence judicial mechanism

    ICTY - Bruno Stojic (“Prlic et al.”)

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    War Crimes Inhuman Treatment Imprisonment HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Bruno Stojic
    Charges
    - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
    Trial chamber verdict
    Stojic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Stojic was sentenced to 20 years’ imprisonment on 29 May 2013.
    Appeals chamber verdict
    The Appeals Chamber confirmed the charges and convictions made by the Trial Chamber on 29 November 2017.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Renzaho

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Deficit in Pleading Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-97-31
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Renzaho
    Charges
    Genocide, rape as a crime against humanity and rape as a violation of Article 3 Common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for his failure to prevent the rapes of Witnesses AWO, AWN and Witness AWN’s sister.
    Trial chamber verdict
    Renzaho was found guilty by the Trial Chamber (on 14 July 2009) for the sexual violence crimes.
    sentencing
    Renzaho received a sentence of life imprisonment on 1 April 2011 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber reversed the above convictions (on 1 April 2011), because it found that Renzaho’s reason to know of the rapes of Witness AWO, Witness AWN and Witness AWN’s sister was not pleaded in the indictment nor communicated by the Prosecution in a manner sufficient to give notice to Renzaho and that he was materially prejudiced by this defect.
    Status
    2715
    Case number
    ICTR-97-31

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Muvunyi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Insufficient Evidence Tutsi Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Muvunyi
    Charges
    Muvunyi was charged with sexual violence, i.e. rape as a crime against humanity under Article 6(3) (command responsibility).
    Trial chamber verdict
    The Trial Chamber found Muvunyi not guilty under this charge (on 12 September 2006). The Chamber held that the evidence heard that soldiers from ESO Camp committed rape did not support the specific allegation in the indictment that soldiers from Ngoma Camp committed rape and therefore it would be prejudicial and unfair to hold this evidence against Muvunyi.
    sentencing
    Muvunyi was sentenced to 15 years on 1 April 2011 (for other charges).
    Appeals chamber verdict
    Although the Prosecution challenged Muvunyi’s acquittal for rape as a crime against humanity, the Appeals Chamber (on 29 August 2008) dismissed the Prosecution’s ground of appeal. The Appeals Chamber held that: 1) the Trial Chamber did not err in law by finding that it would be prejudicial to consider the evidence of rape by ESO Camp soldiers in light of the rape allegation in the indictment; 2) even if the defect in the indictment could have been remedied, the Appeals Chamber is not satisfied that the Prosecution provided timely, clear, and consistent information of this new material fact to Muvunyi.
    Status
    2715
    Case number
    ICTR-00-55

  • Jurisprudence judicial mechanism

    ICTR - Mikaeli Muhimana

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Aiding and Abetting Physical Invasion Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-95-1b
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Mikaeli Muhimana
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for raping Tutsi women and one Hutu woman he believed to be a Tutsi. - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) for the rapes of 5 women and girls (4 Tutsi women and 1 Hutu woman whom he mistakenly believed was a Tutsi); and (aiding and abetting) the rapes of 5 Tutsi women and girls.
    Trial chamber verdict
    Muhimana was found guilty by the Trial Chamber on 28 April 2005 of:- Causing serious bodily or mental harm as genocide - Rape as a crime against humanity
    sentencing
    Muhimana received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 21 May 2007 reversed, with Judges Shahabuddeen and Schomburg dissenting, Muhimana’s conviction for rape as a crime against humanity in so far it concerned the rapes of two women, Mukashyaka and Kamukina (already taken out above). The other rapes as crimes against humanity were affirmed by the Appeals Chamber.
    Status
    2715
    Case number
    ICTR-95-1B

  • Jurisprudence judicial mechanism

    ICTR - Jerome Bicamumpaka (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Insufficient Evidence War Crimes Rape as Crime Against Humanity

    Reference link
    http://www.unictr.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jerome Bicamumpaka
    Charges
    Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
    Trial chamber verdict
    The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Bicamumpaka was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
    Appeals chamber verdict
    Bicamumpaka was acquitted by the Trial Chamber (on 30 September 2011) on all counts.
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Jean-Paul Akayesu

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Forced Nudity Aiding and Abetting Ordering/Instigating Sexual Violence as Genocide Rape as Crime Against Humanity Akayesu

    Reference link
    http://unictr.unmict.org/en/cases/ictr-96-4
    Full reference
    International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Judgment, 1 June 2001, ICTR-96-4.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean-Paul Akayesu
    Charges
    - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting); - Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting). - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting). - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
    Trial chamber verdict
    Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal: - Rape as a crime against humanity - Other inhumane acts as crimes against humanity - Causing serious bodily or mental harm as genocide Akayesu was found not guilty by the Trial Chamber of: - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.
    sentencing
    Akayesu received a single sentence of life imprisonment (for genocide he had received a sentence of life imprisonment; for rape as a crime against humanity 15 years’ imprisonment; and other inhumane acts as crimes against humanity 10 years’ imprisonment).
    Appeals chamber verdict
    The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).
    Status
    2715
    Case number
    ICTR-96-4

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