Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 24 results.
-
Literature
Women’s Initiatives for Gender Justice - Gender Report Cards
- Year
- 2005
- Issues
- Sentencing and Reparations
- Reference link
- https://4genderjustice.org/home/publications/gender-report-cards/
- Full reference
- Women’s Initiatives for Gender Justice, "Gender Report Cards", available at https://4genderjustice.org/home/publications/gender-report-cards/, last accessed at 01 February 2019.
- Type of literature
- Grey Literature
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Women’s Initiative for Gender Justice
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Literature
Williams, Sarah and Opdam, Jasmine - The unrealised potential for transformative reparations for sexual and gender-based violence in Sierra Leone
- Year
- 2017
- Issues
- Sentencing and Reparations
- Country
- Sierra Leone
- Keywords
- Reparation Special Court for Sierra Leone Truth and Reconciliation Commission
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/13642987.2017.1360020?journalCode=fjhr20
- Full reference
- Sarah Williams and Jasmine Opdam, “The unrealised potential for transformative reparations for sexual and gender-based violence in Sierra Leone”, in International Journal of Human Rights, 2017, vol. 21, no. 9, pp. 1281-1301.
- Type of literature
- Journal Article
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Williams, Sarah and Opdam, Jasmine
- Type of mechanism
- Truth Commission
- Name of mechanism
- The Sierra Leone Truth and Reconciliation Commission
-
Literature
Sperfeldt, Christoph - The trial against Hissène Habré: networked justice and reparations at the Extraordinary African Chambers
- Year
- 2017
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
- Country
- Senegal, Chad
- Keywords
- Habré Reparation
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/13642987.2017.1360018?journalCode=fjhr20
- Full reference
- Christoph Sperfeldt, “The Trial against Hissène Habré: Networked Justice and Reparations at the Extraordinary African Chambers”, in International Journal of Human Rights, 2017, vol. 21, no. 9, pp. 1243-1260.
- Type of literature
- Journal Article
- Research focus
- Impacts of Sexual Violence Crimes Prosecutions, Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Sperfeldt, Christoph
- Type of mechanism
- Hybrid court
- Name of mechanism
- The Extraordinary African Chambers
-
Literature
O’Rourke, Catherine and Swaine, Aisling - Gender, Violence and Reparations in Northern Ireland: A Story Yet To Be Told
- Year
- 2017
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
- Country
- Ireland
- Keywords
- Transitional Justice Reparation Gender-Based Violence Sexual Violence
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/13642987.2017.1360029?journalCode=fjhr20
- Full reference
- Catherine O’Rourke and Aisling Swaine, “Gender, Violence And Reparations In Northern Ireland: A Story Yet To Be Told”, in International Journal of Human Rights, 2017, vol. 21, no. 9, pp. 1302-1319.
- Type of literature
- Journal Article
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- O'Rourke, Catherine and Swaine, Aisling
-
Literature
O’Rourke, Catherine - Transitional Justice and Gender
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2839339
- Full reference
- Catherine O’Rourke, “Transitional Justice and Gender”, in Cheryl Lawther, Luke Moffett and Dov Jacobs (eds.), Research Handbook on Transitional Justice, Edward Elgar Publishing, Cheltenham and Northampton, 2017, pp.117-141.
- Type of literature
- Chapter in Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- O’Rourke, Catherine
-
Jurisprudence judicial mechanism
Oslo District Court - Mirsad Repak
- Year
- 2008
- Issues
- Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Norway
- Keywords
- Acquittal Domestic Law Humiliating and Degrading Treatment Rape/Sexual Violence in Detention Complicity Reparation Detention Centers Foreseeable Consequence
- Reference link
- http://www.internationalcrimesdatabase.org/Case/36
- Type of mechanism
- Domestic court
- Name of mechanism
- Oslo District Court
- Name of accused
- Mirsad Repak
- Charges
- Repak was charged with crimes against humanity and war crimes, which both included sexual violence (including of both women and men) under Article 97 of the Norwegian Constitution.
- Trial chamber verdict
- The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, including rape (paras. 158-164), but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992.
- sentencing
- Repak was sentenced to five years’ imprisonment.
- Appeals chamber verdict
- On 11 March 2010, the Norway Court of Appeal reduced Repak’s sentence from 5 to 4,5 years’ imprisonment. On 3 December 2010 the Supreme Court of Norway overturned the conviction against Repak and finally released him. The Supreme Court ruled that the Law on War Crimes of March 2008 could not be applied retroactively to acts committed in 1992. The Court concluded that the retroactive application of the Law on War Crimes would violate Article 97 of the Norwegian Constitution. He was thus acquitted for the charges of war crimes. However, on 14 April 2011, the Supreme Court of Norway found him guilty for unlawful deprivation of liberty and detention of civilians in violation of Section 223(1) and (2) of the 1905 Norwegian Penal Code and sentenced him to eight years in prison. Repak was found guilty on thirteen counts. The indictment charged him with taking part in depriving civilians of liberty and detaining them at the Dretelj detention camp and severe mistreatment of detainees, including sexual abuse, brutal violence, intimidation and humiliation, and deprivation of adequate access to food. The Court concluded that Repak had acted with intent or complicity in the offences, or alternatively could have foreseen the consequences regarding the atrocities suffered by the victims, a level sufficient to find guilt under Section 43 of the Penal Code. According to the sentencing Judge, Repak ‘played a central role in allowing the extensive and sometimes extremely brutal atrocities against the 13 victims to take place’.
- Status
- 2715
- Case number
- 08-018985MED-OTIR/08
- Reparations / awards
- Repak was ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims. However, as far as compensation to victims of sexual violence is concerned, the Court ruled that “As regards compensation of economic loss, it is essential for the Court to emphasize that the defendant is only liable for damages where there is a causal relationship between the acts of the defendant and the damage. This means that the defendant is not liable to pay compensation for the extensive damage caused by rapes and gross violence committed by others.”
-
Literature
Oosterveld, Valerie - Gender-Sensitive Justice...
- Year
- 2005
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Gender-Based Crimes Elements of the Crime of Rape Witness Compensation Reparation
- Reference link
- http://www.peacewomen.org/sites/default/files/itrc_oosterveld_2005_0.pdf
- Full reference
- Oosterveld, Valerie, "Gender-Sensitive Justice and the International Criminal Tribunal for Rwanda: Lessons Learned for the International Criminal Court", in New England Journal of International and Comparative Law, 2005, vol. 12, no. 1, pp. 119-233.
- Type of literature
- Journal Article
- Research focus
- Impacts of Sexual Violence Crimes Prosecutions
- Author
- Oosterveld, Valerie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Court
-
Literature
Meertens, Donny - Colombia: Gender and Land Restitution
- Year
- 2018
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Colombia
- Keywords
- Reparation Post-conflict Societies Land Tenure Restitution Case Studies Gender
- Reference link
- http://www.oxfordhandbooks.com/abstract/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-41?rskey=J4kCRK&result=1
- Full reference
- Donny Meertens, "Colombia: Gender and Land Restitution" in Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca Haynes and Nahla Valji (eds.), The Oxford Handbook of Gender and Conflict, Oxford University Press, 2018, pp. 521-531.
- Type of literature
- Chapter in Book
- Research focus
- Inequality and Discrimination against Women during Armed Conflict
- Author
- Meertens, Donny
-
Literature
Manjoo, Rashida - Introduction: Reflections on the Concept and Implementation of Transformative Reparations
- Year
- 2017
- Issues
- Sentencing and Reparations
- Reference link
- https://www.tandfonline.com/doi/full/10.1080/13642987.2017.1366666?scroll=top&needAccess=true
- Full reference
- Rashida Manjoo, “Introduction: Reflections on the Concept and Implementation of Transformative Reparations”, in International Journal of Human Rights, 2017, vol. 21, no. 9, pp. 1193-1202.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Manjoo, Rashida
-
Literature
Kalla, Kristin - Advancing Justice and Making Amends through Reparations: Legal and Operational Considerations
- Year
- 2018
- Issues
- Sentencing and Reparations
- Reference link
- http://www.oxfordhandbooks.com/abstract/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-20?rskey=FrFfIt&result=1
- Full reference
- Kristin Kalla, “Advancing Justice and Making Amends through Reparations: Legal and Operational Considerations”, in Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca Haynes, and Nahla Valji (eds.), The Oxford Handbook of Gender and Conflict, Oxford University Press, 2018, pp. 253-264.
- Type of literature
- Chapter in Book
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Kalla, Kristin
This is free software. Created with LinkAhead
and Django. Licenced under AGPL version 3.0 (Sources).