Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 24 results.

  • Jurisprudence judicial mechanism

    ICC - Jean-Pierre Bemba Gombo "Bemba Case"

    Country
    Central African Republic (CAR)
    Keywords
    Rape Torture Reparation

    Reference link
    http://www.icc-cpi.int/car/bemba#17
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Jean-Pierre Bemba Gombo
    Charges
    (1) Two counts of crimes against humanity namely murder and rape; and (2) Three counts of war crimes: murder, rape and pillaging
    Trial chamber verdict
    On 21 March 2016, the Trial Chamber convicted Mr Bemba for the crimes against humanity of murder and rape and the war crimes of murder, rape and pillaging committed by troops of the Mouvement de libération du Congo (“MLC”) in the Central African Republic from on or about 26 October 2002 to 15 March 2003. It found that Mr Bemba, was criminally responsible for these crimes under article 28(a) of the Statute as a result of effectively acting as a military commander and having effective control over the MLC troops.
    sentencing
    On 21 June 2016, Bemba was sentenced to 18 years of imprisonment by the Trial Chamber III. Following Mr. Bemba’s successful appeal against the decision of the Trial Chamber III, the Appeal’s Chamber dismissed Mr Bemba’s appeal against this sentence as moot.
    Appeals chamber verdict
    Mr Bemba filed an appeal against both the judgment and the sentence against him on 4 April 2016 and the appeals hearing took place from 9 to 11 January 2018. On 8 June 2018, the Appeals Chamber, by majority, concluded, that the trial of Bemba was not within the scope of the case. In a summary of its decision, the Appeals Chamber stated that: “the Trial Chamber’s conclusion that Mr Bemba failed to take all necessary and reasonable measures in response to MLC crimes in the CAR, was materially affected by errors and that Mr Bemba cannot be held criminally liable under article 28 for the crimes committed by MLC troops during the CAR operation.” The Chamber also noted in its judgment that “The Pre-Trial Chamber did not enter findings that there were substantial grounds to believe that specific acts of murder, rape and pillaging had been committed, but rather “relied on” or “drew attention, in particular” to certain events and evidence to support its overall conclusions.” Accordingly, the Chamber acquitted Jean-Pierre Bemba Gombo from the charges of war crimes and crimes against humanity.
    Status
    2715
    Case number
    ICC-01/05-01/08

  • Literature

    Human Rights Center Berkeley - The Victims’ Court?...

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC), Uganda, Kenya, Côte d’Ivoire
    Keywords
    War Crimes Victims Support for Crimes Involving Sexual or Gender Violence Victims Support, including Physical and Psychological Rehabilitation Reparation Survivor

    Reference link
    https://cloudfront.escholarship.org/dist/prd/content/qt6v00x9jf/qt6v00x9jf.pdf
    Full reference
    Human Rights Center Berkeley, The Victims’ Court? A Study of 622 Victim Participants at the International Criminal Court, 20 November 2015.
    Type of literature
    Grey Literature
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Human Rights Center Berkeley
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Literature

    Henry, Nicola - Witness to Rape...

    Year
    2009
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Traumatization Psychological Impact Cross-examination Reparation Testimony

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/36675346/IJTJ-2009-Henry-114-34.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1549294721&Signature=kyarWOCKSW0LQZypqF9lqkO24t8%3D&response-content-disposition=inline%3B%20filename%3DWitness_to_rape_the_limits_and_potential.pdf
    Full reference
    kuwert p Henry, Nicola, "Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence", 3inThe International Journal of Transitional Justice, 2009, vo. 3, pp. 114-134.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Henry, Nicola
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Hadzimesic, Lejla - Consequences of Conflict Related Sexual Violence on Post-Conflict Society: Case Study reparations in Bosnia and Herzegovina

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Reparation Sexual Violence

    Reference link
    http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-40
    Full reference
    Lejla Hadzimesic, “Consequences of Conflict Related Sexual Violence on Post-Conflict Society: Case Study reparations in Bosnia and Herzegovina”, 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. 508-520.
    Type of literature
    Chapter in Book
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Hadzimesic, Lejla
    Type of mechanism
    Hybrid court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • 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

  • 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

    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

  • 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

    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

    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

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