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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