Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 24 results.
  • 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

    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

    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

    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

  • 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

    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

    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)

  • 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.”

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