Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 15 results.
-
Literature
Campanaro, Jocelyn - Women, War and International Law...
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Germany, Japan, Rwanda, Former Yugoslavia
- Keywords
- Impunity Sexual Assault/Attack/Abuse Gender-Based Crimes Prosecution
- Reference link
- https://www.researchgate.net/publication/292832104_Women_War_and_International_Law_The_Historical_Treatment_of_Gender-Based_War_Crimes
- Full reference
- Campanaro, Jocelyn, Women, "War and International Law: The Historical Treatment of Gender-Based War Crimes", in Georgetown Law Journal, 2001, vol. 89, no. 8, pp. 2557-2592.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Campanaro, Jocelyn
- Type of mechanism
- International Criminal Tribunal/Court, Military Tribunal
- Name of mechanism
- International Military Tribunal For The Far East (IMTFE), Nuremberg Trials, International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR)
-
Literature
Carson, Julie K. and Carson, Brad R. - The Historical Roots and Future Directions for Military Law and Policies on Rape and Sexual Assault
- Year
- 2018
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- United States of America
- Keywords
- Military Rape Law Military Perpetrator Sexual Assault/Attack/Abuse
- Reference link
- http://www.tandfonline.com/doi/full/10.1037/mil0000180
- Full reference
- Julie K. Carson and Brad R. Carson, “The Historical Roots and Future Directions for Military Law and Policies on Rape and Sexual Assault”, in Military Psychology, 2018, vol. 30, no. 3, pp. 181-192.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes
-
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
Cleiren, Tineke and Tijssen, Melanie - Rape and Other Forms of Sexual Assault...
- Year
- 1994
- Issues
- Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Rape Sexual Assault/Attack/Abuse Prosecution Armed Conflict
- Reference link
- https://link.springer.com/article/10.1007%2FBF01683226
- Full reference
- Cleiren, Tineke and Melanie Tijssen, "Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issues", in Criminal Law Forum (1994, vol. 2, no. 2, pp. 471-506.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Cleiren, Tineke and Tijssen, Melanie
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Zeljko Mejaki (“Mejakic et al.”)
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability
- Country
- Bosnia Herzegovina
- Keywords
- Rape Joint Criminal Enterprise (JCE) Persecution on Sexual Grounds Sexual Assault/Attack/Abuse
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1063
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Zeljko Mejakic
- Charges
- Mejakic was indicted on 14 July 2006 (indictment confirmed) for charges of crimes against humanity, including sexual violence (Article 172(g) of the Criminal Code of BiH), under Articles 29 (accomplice) and 180(1) and (2) (individual and command responsibility) of CC BiH. Mejakic participated in abuses and persecutions committed during the period from 30 April to the end of 1992 against the non-Serbs in the territory of the Prijedor municipality; about 7000 non-Serb civilians were subjected to capturing, taking to and arbitrary confinement at the Omarska and Keraterm camps, as part of the plan of permanent removal of the non-Serbs.
- Trial chamber verdict
- On 30 May 2008, the Trial Panel found Mejakic guilty of crimes against humanity, including sexual violence, under Article 180(1) and (2), for: “rapes and other forms of sexual abuse of detainees committed by persons over whom Zeljko Mejakic had effective control and which rapes and sexual abuse were committed in furtherance of the described system of ill-treatment and persecution at the camp in which he participated, including witness K019 who was sexually abused on numerous occasions by the camp guards; witness K027 who was sexually assaulted by the Shift Commander Mlado Radic and on another occasion in July 1992 by Nedeljko Grabovac; witness K040 who was sexually assaulted twice by camp guard Lugar.” All related to events in the Omarska camp.
- sentencing
- Mejakic was sentenced to 21 years’ imprisonment.
- Appeals chamber verdict
- On 16 February 2009, Mejakic’s conviction and sentence was upheld on appeal. However, the mode of liability was changed from Article 180(1) and (2) to liability on the grounds of JCE.
- Status
- 2715
- Case number
- X-KRZ-06/200
-
Literature
Freedman, Rosa - UNaccountable: A New Approach to Peacekeepers and Sexual Abuse
- Year
- 2018
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Evidentiary Rules Regarding Sexual Violence Prosecutions Procedural Rules Advancing Sexual Violence Prosecutions Role of Non-state Actors in Perpetrating Violence
- Reference link
- http://academic.oup.com/ejil/article/29/3/961/5165638
- Full reference
- Rosa Freedman, “UNaccountable: A New Approach to Peacekeepers and Sexual Abuse”, in European Journal of International Law, 2018, vol. 29, no. 3, pp. 961-985.
- Type of literature
- Journal Article
- Research focus
- Perpetrators and Prevention, Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
-
Literature
Gurnham, David - Ched Evans, Rape Myths and Medusa's Gaze: A Story of Mirrors and Windows
- Year
- 2018
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- http://www.cambridge.org/core/journals/international-journal-of-law-in-context/article/ched-evans-rape-myths-and-medusas-gaze-a-story-of-mirrors-and-windows/F7D175FFD9878B97DB112778FC6AAE61
- Full reference
- David Gurnham, “Ched Evans, Rape Myths and Medusa's Gaze: A Story of Mirrors and Windows”, in Interntaional Journal of Law in Context, 2018, Vol. 14, no. 3, pp. 454-468.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
-
Literature
Hagan, John et al. - “Reasonable Grounds” Evidence Involving Sexual Violence...
- Year
- 2013
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Sudan
- Keywords
- Race Gender Violence Characteristic of Perpetrator Sexual Assault/Attack/Abuse
- Reference link
- https://works.bepress.com/todd_haugh/3/
- Full reference
- Hagan, John, Richard Brooks and Todd Haugh, "'Reasonable Grounds' Evidence Involving Sexual Violence in Darfur", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 275-311.
- Type of literature
- Chapter in Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Hagan, John; Brooks, Richard and Haugh, Todd
-
Jurisprudence judicial mechanism
ICTR - Emmanuel Rukundo
- Country
- Rwanda
- Keywords
- Genocide Mental Harm Rape, Opportunistic Crime Sexual Assault/Attack/Abuse Tutsi
- Reference link
- http://unictr.irmct.org/en/cases/ictr-01-70
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Emmanuel Rukundo
- Charges
- Causing serious mental harm as genocide under Article 6(1) (direct responsibility) (committing) for, inter alia, sexually assaulting Witness CCH, a young Tutsi woman, at the Saint Léon Minor Seminary.
- Trial chamber verdict
- Rukundo was found guilty by the Trial Chamber (on 27 February 2009), with Judge Ki Park dissenting, for causing serious mental harm as genocide.
- sentencing
- Rukundo was sentenced to 23 years’ imprisonment on 20 October 2010.
- Appeals chamber verdict
- The Appeals Chamber, with Judge Pocar dissenting, reversed (on 20 October 2010) the above conviction as it held that the sexual act could be seen as an opportunistic crime that was not accompanied by the specific intent to commit genocide.
- Status
- 2715
- Case number
- ICTR-01-70
-
Jurisprudence judicial mechanism
ICTY - Dragan Zelenovic (“Foca”)
- Year
- 2007
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Sexual Assault/Attack/Abuse Humiliating and Degrading Treatment Aiding and Abetting Co-perpetration
- Reference link
- http://www.icty.org/cases/party/794/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragan Zelenovic
- Charges
- - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rape of witness FWS-75 (aiding and abetting) and for raping Witness FWS-87 (committing). - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rapes of witness FWS-87 and two unidentified women (co-perpetration) and for raping Witnesses FWS-75 and FWS-87 three times (committing). - Torture as a crime against humanity and rape as a crime against humanity under Article 7(1) for the rape of witness FWS-87 (committing).-Rape as a crime against humanity under Article 7(1) for the rapes of witness FWS-75 and two unidentified women (co-perpetration) and for raping Witness FWS-87 (committing).
- Trial chamber verdict
- Zelenovic entered a guilty plea to several counts in the indictment on 17 January 2007, which included several charges related to sexual violence. Zelenovic was therefore found guilty of: - (a) Torture as a crime against humanity and rape as a crime against humanity. - (b) Torture as a crime against humanity and rape as a crime against humanity. - (c) Torture as a crime against humanity and rape as a crime against humanity . - (d) Rape as a crime against humanity. Zelenovic was therefore found not guilty of: - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (a) above. - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (b) above. - Torture as a violation of the laws or customs of war as a war crime and rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (c) above. - Rape as a violation of the laws or customs of war as a war crime under Article 7(1) for, inter alia, the crimes mentioned under (d) above.
- sentencing
- Zelenovic was sentenced to 15 years’ imprisonment on 31 October 2007.
- Status
- 2715
- Case number
- IT-96-23/2
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