Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 24 results.
-
Literature
Amnesty International - Do Not Remain Silent
- Year
- 2017
- Issues
- Sentencing and Reparations Sexual Violence as a Weapon of War Role of Non-state Actors in Perpetrating Violence Victims of Sexual Violence
- Reference link
- http://www.amnesty.org/download/Documents/AFR6564692017ENGLISH.PDF
- Full reference
- Amnesty International, Do Not Remain Silent-Survivors of Sexual Violence in South Sudan Call for Justice and Reparations, Amnesty International, London, 2017.
- Type of literature
- Grey Literature
- Research focus
- Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict, Perpetrators and Prevention, Investigation, Prosecution and Prevention of Conflict related Sexual Violence
-
Literature
Amnesty International – Wounds that Burn Our Souls
- Year
- 2017
- Issues
- Sentencing and Reparations Victims of Sexual Violence
- Country
- Kosovo
- Keywords
- Stigmatization Access to Justice Reparation NGO Transitional Justice Rape Sexual Violence Conflict-related Sexual Violence
- Reference link
- http://www.amnesty.org/download/Documents/EUR7075582017ENGLISH.PDF
- Full reference
- Amnesty International, Wounds that Burn our Souls-Compensation for Kosovo’s Wartime Rape Survivors, but Still no Justice, Amnesty International, London, 2017.
- Type of literature
- Grey Literature
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes, Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict
-
Literature
Chappell, Louise - The Gender Injustice Cascade: ‘Transformative’ Reparations for Victims of Sexual and Gender-Based Crimes in the Lubanga Case at The International Criminal Court
- Year
- 2017
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/13642987.2017.1360006?journalCode=fjhr20
- Full reference
- Louise Chappell, “The Gender Injustice Cascade: ‘Transformative’ Reparations for Victims of Sexual and Gender-Based Crimes in the Lubanga Case at The International Criminal Court”, in International Journal of Human Rights, 2017, vol. 21, no.9, pp. 1223-1242.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Chappell, Louise
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Literature
Chu, Sandra K.H. et al. - Survivors of Sexual Violence in Conflict...
- Year
- 2011
- Issues
- Socio-cultural Context of Sexual Violence
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Chu, Sandra Ka Hon, Anne-Marie de Brouwer and Renée Römkens, "Survivors of Sexual Violence in Conflict: Challenges in Prevention and International Criminal Prosecution", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 529-561.
- Type of literature
- Chapter in Book
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Chu, Sandra K.H.; De Brouwer, Anne-Marie and Römkens, Renée
-
Literature
Danieli, Yael - Massive Trauma and the Healing Role of Reparative Justice
- Year
- 2011
- Issues
- Sentencing and Reparations
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Danieli, Yael, "Massive Trauma and the Healing Role of Reparative Justice", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 235-259.
- Type of literature
- Journal Article
- Research focus
- Impacts of Sexual Violence Crimes Prosecutions
- Author
- Danieli, Yael
-
Literature
De Brouwer, Anne-Marie - Supranational Criminal Prosecution of Sexual Violence
- Year
- 2011
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Gender-Based Crimes Evidence Reparation Protective Measures Prosecution
- Reference link
- https://www.routledge.com/Gender-Sexualities-and-Law-1st-Edition/Jones-Grear-Fenton-Stevenson/p/book/9780415574396
- Full reference
- De Brouwer, Anne-Marie, ‘Supranational Criminal Prosecution of Sexual Violence’, in Jackie Jones, Anna Grear, Rachel Anne Fenton and Kim Stevenson (eds.), Gender, Sexualities and Law, Routledge 2011, London, pp. 201-212.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- De Brouwer, Anne-Marie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
-
Literature
De Brouwer, Anne-Marie - Supranational Criminal Prosecution of Sexual Violence...
- Year
- 2005
- Issues
- Sentencing and Reparations
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Sentencing Reparation Prosecution Testimony International Criminal Law
- Reference link
- https://intersentia.com/en/supranational-criminal-prosecution-of-sexual-violence.html
- Full reference
- De Brouwer, Anne-Marie, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR , Intersentia, Antwerp/Cambridge, 2005.
- Type of literature
- Book
- Research focus
- Impacts of Sexual Violence Crimes Prosecutions
- Author
- De Brouwer, Anne-Marie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
-
Literature
Durbach, Andrea and Geddes, Lucy - ‘To shape our own lives and our own world’: exploring women’s hearings as reparative mechanisms for victims of sexual violence post-conflict
- Year
- 2017
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
- Country
- South Africa, Peru, Sierra Leone, Bosnia Herzegovina, Japan, Guatemala, Timor-Leste
- Keywords
- Post-conflict Women's Hearings Transitional Justice Sexual Violence Reparation
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/13642987.2017.1360019?journalCode=fjhr20
- Full reference
- Andrea Durbach and Lucy Geddes. “ ‘To shape our own lives and our own world’: exploring women’s hearings as reparative mechanisms for victims of sexual violence post-conflict”, in International Journal of Human Rights, 2017, vol. 21, no. 9, pp. 1261-1280.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Durbach, Anna and Geddes, Lucy
-
Jurisprudence judicial mechanism
ECCC - Kaing Guek Eav (“Duch”)
- Year
- 2012
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Cambodia
- Keywords
- Penetration Reparation Vagina Rape/Sexual Violence in Detention Rape with Foreign Objects Joint Criminal Enterprise (JCE) Kunarac
- Reference link
- https://www.eccc.gov.kh/en/case/topic/90
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Kaing Guek Eav
- Charges
- Kaing was indicted on 8 August 2008 and the indictment was confirmed and partially amended on 5 December 2008 for crimes against humanity, including torture (which incorporated one instance of rape) and grave breaches of the 1949 Geneva Conventions (Articles 5, 6 and 29 (new) (JCE through ‘committing’) of the ECCC Law) committed in Phnom Penh and within the territory of Cambodia between 17 April 1975 and 6 January 1979. Kaing held a central leadership role at the Security Center S-21, which he abused by training, ordering, and supervising staff in the systematic torture and execution of prisoners deemed to be enemies of the Democratic Kampuchea regime.
- Trial chamber verdict
- On 26 July 2010, the Trial Chamber convicted Kaing for crimes against humanity, including torture (which included one instance of rape) and grave breaches of the 1949 Geneva Conventions under the JCE. The rape as torture conviction related to the incident where an S-21 staff member inserted a stick into the vagina of a detainee during an interrogation.
- sentencing
- Kaing was sentenced to 35 years’ imprisonment by the Trial Chamber. However, the Supreme Court quashed this decision and instead sentenced him to life imprisonment.
- Appeals chamber verdict
- On 6 July 6 2010, the Supreme Court confirmed and partly amended the conviction (the conviction for rape as torture as a crime against humanity remained standing). The Supreme Court stated the Trial Chamber had erred in law by attaching insufficient weight to the gravity of Kaing’s crimes as well as the aggravating circumstances in this case, and that that too much weight had been attached to the mitigating circumstances. Note that the Co-Prosecutors had requested that the Supreme Court Chamber cumulatively convict Kaing for both rape and torture as crimes against humanity. However, given the lack of support for the existence of rape as a distinct crime against humanity during the ECCC’s temporal jurisdiction, the Supreme Court Chamber found that the Trial Chamber erred in concluding that the incident that occurred at S-21 constituted rape as a crime against humanity. Accordingly, this part of the Co-Prosecutors’ appeal failed automatically. Rape was still charged and convicted as torture as a crime against humanity.
- Status
- 2715
- Case number
- Case 001
- Reparations / awards
- The Trial Chamber admitted 64 applicants as Civil Parties and awarded them reparations, which included inclusion of the names and their deceased family members in the judgment and the compilation and publication of all statements of apology and acknowledgement of responsibility made by Duch on the ECCC website.
-
Literature
Ferstman, Carla - Reparations for Sexual and other Gender-Based Violence
- Year
- 2018
- Issues
- Sentencing and Reparations
- Reference link
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3121510
- Full reference
- Carla Ferstman, “Reparations for Sexual and other Gender-Based Violence”, in Gender Perspectives on Torture: A Compilation, American University Washington College of Law’s Center for Human Rights and Humanitarian Law, 2018, pp. 19-32.
- Type of literature
- Chapter in Book
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Ferstman, Carla
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