Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 4 results.
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Jurisprudence non-judicial mechanisms
Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
- Country
- Democratic People’s Republic of Korea (DPRK)
- Keywords
- Enslavement Forced Abortion Murder Rape, Torture
- Reference link
- http://www.ohchr.org/EN/HRBodies/HRC/CoIDPRK/Pages/CommissionInquiryonHRinDPRK.aspx
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Type of mechanism
- Commission of Inquiry
- Name of mechanism
- Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
- Status
- 2715
- Findings
- On 17 February 2014, the COI reported on its findings and established that a wide array of crimes against humanity, including sexual violence, arising from “policies established at the highest level of State,” had been committed and continue to take place in the DPRK and called for urgent action by the international community to address the human rights situation in the country, including referral to the International Criminal Court. The report cites many incidents of sexual violence, which the COI finds to rise to the level of crimes against humanity. For example, it is stated that: “Although not endorsed as general policy and contrary to prison regulations, the frequent incidences of rape form part of the overall pattern of crimes against humanity. Like in the political prison camps, cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy. The forced abortions to which pregnant inmates have been subjected constitute a form of sexual violence of a gravity that meets the threshold required for crimes against humanity.” Also, it is held that the State systematically uses violence and punishment to deter its citizens from exercising their human right to leave the country. Persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion and other forms of sexual violence. According to the COI these crimes can be qualified as crimes against humanity and include extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.
- Recommendations
- The COI recommends specifically on sexual violence: (1) to take immediate measures to ensure gender equality in practice, such as by providing equal access for women in public life and employment; eradicate discriminatory laws, regulations and practices affecting women; take measures to address all forms of violence against women, including domestic violence, sexual and gender-based violence by State agents and/or within State institutions; and respond immediately and effectively to trafficking in women, and address the structural causes that make women vulnerable to such violations; and (2) abolish the de facto prohibition on foreign travel imposed on ordinary citizens; decriminalize illegal border crossings and introduce border controls that conform to international standards; renounce orders to shoot and kill at the border; cease to regard citizens repatriated from China as political criminals or to subject them to imprisonment, execution, torture, arbitrary detention, deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; and abolish the State’s compulsory designation of places of residence and employment, as well as the requirement to obtain a permit for domestic travel outside a person’s designated province.
- Date of report / release
- 1914-02-17
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Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Mirko Vracevic
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- Bosnia Herzegovina
- Keywords
- Sexual Violence, Torture Sentencing Rape, Torture HVO Soldiers Accomplice Aiding and Abetting
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1199
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Mirko Vracevic
- Charges
- Vracevic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH, for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
- Trial chamber verdict
- On 20 February 2009, the Court pronounced the first-instance verdict finding the Vracevic guilty of crimes against humanity, including rape. Vracevic was sentenced to 14 years’ imprisonment.
- sentencing
- Vracevic was sentenced to 12 years’ imprisonment.
- Appeals chamber verdict
- Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Vracevic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH.
- Status
- 2715
- Case number
- KT-RZ 200/06 (Court Number X-KRN-06/300)
-
Jurisprudence judicial mechanism
IACtHR - Raquel Marti de Mejía v. Peru
- Year
- 1996
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Peru
- Keywords
- Discrimination Definition of Rape Outrages upon Personal Dignity Right to an Effective Remedy State Responsibility Rape, Torture Private Life
- Reference link
- http://cidh.org/annualrep/95eng/Peru10970.htm
- Type of mechanism
- Regional court
- Name of mechanism
- Inter-American Court of Human Rights
- Status
- 2715
- Findings
- The IACHR acknowledged that rape could rise to the level of torture, an aggravated form of inhumane treatment, which is prohibited by Article 5(2) of the ACHR. The Court held that rape constitutes torture, in line with the United Nations Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, if the rape was: “1) an intentional act through which physical and mental pain and suffering is inflicted on a person; 2) committed with a purpose; and 3) committed by a public official or by a private person acting at the instigation of the former.” As to the case of Mejía, the IACtHR established that rape as torture had been committed against her: “Raquel Mejía was a victim of rape, which caused her physical and mental pain and suffering (…) [She] was raped with the aim of punishing her personally and intimidating her (…) [T]he man who raped [her] was a member of the security forces.” The IACtHR thus concluded that the rape of Mejía amounted to torture and since an official of the Peruvian state perpetrated the rape, the IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation. In addition, the IACtHR also emphasized that rape not only constitutes a severe violation of Article 5 of the ACHR, but also amounts to a violation of Article 11 of the ACHR (the right to privacy by safeguarding the right to have “honor respected” and “dignity recognized”). The IACtHR explained that it “considers that sexual abuse (…) implies a deliberate outrage to [the victim’s] dignity. In this respect, it becomes a question that is included in the concept of “private life”. The IACtHR concluded that the offender abrogated Mejía’s right to privacy when he raped her. It attributed responsibility for the Article 11 violations to the Peruvian state because a public official perpetrated the rape and encouraged Peru to hold the offenders accountable. Lastly, the IACtHR held that Peru’s failure to act with due diligence in guaranteeing Mrs. Mejía’s right to an effective judicial recourse for the human rights violations she and her husband, Mr. Mejía, suffered constituted a violation of Articles 1(1) (Right to non-discrimination), 8(1) (Right to due process), and 25 (Right to an effective recourse) of the ACHR.
- Case number
- Case 10.970
- Reparations / awards
- The IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation.
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Literature
Kaitesi, Usta and Haveman, Roelof - Prosecution of Genocidal Rape and Sexual Torture....
- Year
- 2011
- Country
- Rwanda
- Keywords
- Rape Genocidal Rape Torture Rape, Torture Fair Trial
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Kaitesi, Usta and Roelof Haveman, "Prosecution of Genocidal Rape and Sexual Torture before the Gacaca Tribunals in Rwanda", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 385-409.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Kaitesi, Usta and Haveman, Roelof
- Type of mechanism
- Domestic court
- Name of mechanism
- Gacaca Court
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