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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