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

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