Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 24 results.
-
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
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
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
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
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
-
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
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
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
-
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
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
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