Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 36 results.
  • Literature

    Amicus Curiae Human Rights Center et al. - International Experts...

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Chad
    Keywords
    Forced Prostitution Sexual Slavery Inhuman Treatment Torture Rape, Outrages upon Personal Dignity Principle of Legality Criminalization

    Reference link
    https://www.law.berkeley.edu/wp-content/uploads/2015/04/MICUS-CURIAE-BRIEF-OF-THE-HUMAN-RIGHTS-CENTER-AT-THE-UNIVERSITY-OF-CALIFORNIA-BERKELEY-SCHOOL-OF-LAW-AND-INTERNATIONAL-EXPERTS-ON-SEXUAL-VIOLENCE-UNDER-INTERNATIONAL-CRIMINAL-LAW-Eng.pdf
    Full reference
    Amicus Curiae Human Rights Center, University of California, Berkeley, School of Law, and International Experts on Sexual Violence under International Criminal Law, "Rape and other forms of sexual violence as crimes against humanity, war crimes, and torture under customary international law", A filing before the Extraordinary African Chambers seated at the Court of Appeals, Dakar, Senegal, 8 December 2015.
    Type of literature
    Grey Literature
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Amicus Curiae Human Rights Center
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Jurisprudence judicial mechanism

    Batavia Military Tribunal - Case of 35 Dutch 'comfort women'

    Year
    1948
    Issues
    Sexual Violence as a Weapon of War
    Country
    Indonesia
    Keywords
    World War II Semarang Comfort Women Incident Muntilan Comfort Women Incident Sexual Slavery

    Reference link
    http://www.awf.or.jp/pdf/0205.pdf
    Type of mechanism
    Military Tribunal
    Name of mechanism
    Batavia Military Tribunal
    Name of accused
    Army Major Okada (and 12 others)
    Charges
    Forcible seizure for rape and enforced prostitution.
    Trial chamber verdict
    The Judges convicted the Japanese officers on trial for ‘forced prostitution’ as a war crime. Prosecutors did not succeed in convicting anybody in relation to the Muntilan Comfort Women Incident, which ended in acquittal.
    sentencing
    Of the 13 individuals accused in relation to the Semarang Comfort Women Incident, the Batavia Military Tribunal on 14 February 1948, sentenced Army Major Okada to death. Eleven others were sentenced to prison terms ranging from two to twenty years.

  • Literature

    Bunting, Annie and Ikhimiukor, Izevbuwa - The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law

    Year
    2018
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    International Criminal Court Forced Marriage Conjugal Slavery Expressivism Sexual Slavery

    Reference link
    http://brill.com/abstract/journals/icla/18/2/article-p331_331.xml
    Full reference
    Annie Bunting and Izevbuwa Ikhimiukor, “The Expressive Nature of Law: What We Learn from Conjugal Slavery to Forced Marriage in International Criminal Law”, in International Criminal Law Review, 2018, Vol. 18, no. 2, pp. 331-353.
    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

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Gojko Jankovic

    Year
    2007
    Issues
    Sexual Violence as a Weapon of War
    Country
    Bosnia Herzegovina
    Keywords
    Rape Sexual Slavery Sexual Violence Coercion

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1027
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Gojko Jankovic
    Charges
    The Court of BiH confirmed the indictment against Jankovic on 20 February 2006 in which he was charged with crimes against humanity, including imprisonment, torture and rape (Articles 172(1) (e), (f) and (g) of the Criminal Code of BiH) under Article 180(1) of the Criminal Code of BiH (addressing individual and command responsibility criminal responsibility).
    Trial chamber verdict
    On 16 February 2007, the Trial Panel of the Court of BiH found Jankovic guilty of crimes against humanity, including rape. In pronouncing its verdict, the Trial Panel stated that in July 1992, Jankovic commanded a group of soldiers who attacked Muslim civilians hiding in the forest in the Kremnik hill. On several occasions between mid-June 1992 and January 1993, Jankovic raped female detainees and, together with Dragoljub Kunarac, he kept two of them in sexual slavery throughout this period.
    sentencing
    The Trial Judgment sentence of 34 years' imprisonment remained intact.
    Appeals chamber verdict
    On 23 October 2007, the Appellate Panel partially upheld the defense appeal, and modified the Trial Panel’s verdict in the legal qualification of the acts constituting crimes against humanity. It acquitted Jankovic of the charge that, on several occasions between 7 April and the end of May 1992, Jankovic and one more person raped or took part in the raping of protected witness E who lived in the municipality of Foca.
    Status
    2715
    Case number
    X-KRZ-05/191

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Predrag Kujundzic

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    Bosnia Herzegovina
    Keywords
    Sexual Slavery Sexual Threats Rape, Physical and Mental Harm Sexual Violence, Persecution Sexual Abuse Rape/Sexual Violence in Detention Rape, Mistreatment

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1042
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Predrag Kujundzic
    Charges
    Kujundzic was charged on 3 January 2008 (indictment confirmed) with persecution as a crime against humanity, including sexual violence (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 180(1) and (2) (individual and command criminal responsibility) of the Criminal Code of BiH, during the period from spring 1992 until autumn 1993, directed against the non-Serb population of the Doboj municipality for coercing sexual slavery and rape of the non-Serb civilian population.
    Trial chamber verdict
    On 30 October 2009, the Trial Panel delivered the first-instance verdict by which Kujundzic was found guilty of persecution as a crime against humanity, including sexual violence under individual criminal responsibility. The Trial Panel held that on an unidentified day in June 1992, armed and accompanied by 4-5 members of his unit, Kujundzic came to the house of a certain woman and then raped her daughter who was underage at that time, and at the same time he incited one soldier to rape her mother. On the same day, at the same place, after he raped the minor female person, he told her that as of that day she would comply with all that he requested from her, or otherwise he would kill her mother and her younger sister. Thus during the period from June to December 1992, he forced her into sexual slavery, because by the use of force and threats he established the exclusive right to dispose of her, the control over her movement, the mental control and the control of her sexuality, by way of requesting her to do all that he ordered her. Using that position, he forced her once to read a statement at the Radio Doboj in which it was stated that Muslims were guilty of the war, that Muslims had killed her brother, and that she was inviting them to convert to Christianity. He ordered her to wear a chain with a cross pendant around her neck and to wear the Serb army camouflage uniform and a red beret on her head; he changed her Muslim name into a Serb name without any consent of hers or her parents, he acquired for her the identification documents in the Serb name, and requested her to always introduce herself by her Serb name. On 28 January 2011, the Court dispatched a second-instance verdict and found Kujundzic guilty of persecution as a crime against humanity, including sexual violence under individual criminal responsibility.
    sentencing
    Kujundzic was sentenced to 22 years’ imprisonment for the first instance verdict. He was also sentenced to 17 years’ imprisonment for the second instance charges (for some other charges, he was found not guilty and therefore the sentence was lowered).
    Status
    2715
    Case number
    X-KRŽ-07/442

  • Literature

    De Brouwer, Anne-Marie and Hon Chu, Sandra K. - The Men Who Killed Me...

    Year
    2009
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Rape Sexual Slavery Survivor HIV Genocide

    Reference link
    http://www.douglas-mcintyre.com/book/the-men-who-killed-me
    Full reference
    De Brouwer, Anne-Marie and Sandra Ka Hon Chu, The Men Who Killed Me: Rwandan Survivors of Sexual Violence, Douglas & McIntyre, 2009.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    De Brouwer, Anne-Marie and Hon Chu, Sandra K.

  • Literature

    Doherty, Teresa - Jurisprudential Developments Relating to Sexual Violence...

    Year
    2013
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Rape Crimes Against Humanity

    Reference link
    https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
    Full reference
    Doherty, Teresa, "Jurisprudential Developments Relating to Sexual Violence: The Legacy of the Special Court for Sierra Leone", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 157-172.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Doherty, Teresa
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Jurisprudence judicial mechanism

    DRC Military Operational Court – Sheka Case

    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Mass Rape Sexual Slavery Sexual Violence against Girls Child Soldiers

    Reference link
    http://www.hrw.org/news/2018/11/29/dr-congo-mass-rape-trial-crucial-justice
    Type of mechanism
    Military Tribunal
    Name of accused
    Ntabo Ntaberi “Sheka”
    Charges
    Crimes against humanity, war crimes, terrorism
    Status
    2778

  • Literature

    Drinck, Barbara and Gross, Chung-Noh – Forced Prostitution in Wartime and Peacetime: Sexual Violence against Women and Girls

    Year
    2007
    Issues
    Sexual Violence against Children Socio-cultural Context of Sexual Violence Victims of Sexual Violence
    Country
    Bosnia, Kosovo, Japan
    Keywords
    Sexual Enslavement Comfort Women Forced Prostitution Sexual Slavery

    Reference link
    http://www.academia.edu/22417309/Forced_Prostitution_in_National_Socialist_Concentration_Camps_The_Example_Auschwitz
    Full reference
    Barbara Drinck, Chung-Noh Gross (eds.), Forced Prostitution in Wartime and Peacetime: Sexual Violence against Women and Girls, Kleine Verlag, Bielefeld, 2007.
    Type of literature
    Book
    Research focus
    Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict

  • Literature

    Gong-Gershowitz, Jennifer - Forced Marriage: A “New” Crime Against Humanity?

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia, Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Crimes Against Humanity

    Reference link
    https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1093&context=njihr
    Full reference
    Gong-Gershowitz, Jennifer, "Forced Marriage: A 'New' Crime Against Humanity?", in Nw. J. Int’l Hum. Rts., 2009, vol. 8, no. 1, pp. 53-76.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Gong-Gershowitz, Jennifer
    Type of mechanism
    International Criminal Tribunal/Court, Truth Commission, Hybrid court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), The Sierra Leone Truth and Reconciliation Commission, Special Court for Sierra Leone (SCSL)

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