Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 15 results.
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Jurisprudence judicial mechanism
Superior Court, Criminal Division; Court of Appeal, Quebec - Desire Munyaneza
- Year
- 2014
- Issues
- Sexual Violence as a Weapon of War
- Country
- Canada
- Keywords
- Rape Sexual Assault/Attack/Abuse
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1176
- Type of mechanism
- Domestic court
- Name of mechanism
- Superior Court, Criminal Division; Court of Appeal, Quebec
- Name of accused
- Desire Munyaneza
- Charges
- Munyaneza was charged (in October 2005) under Canada’s 2000 Crimes against Humanity and War Crimes Act for genocide, crimes against humanity and war crimes, which included sexual violence (at least explicitly for crimes against humanity and war crimes, although possibly also for genocide as ‘causing serious bodily or mental harm’).
- Trial chamber verdict
- On 22 May 2009, the Quebec Superior Court found Munyaneza guilty for the criminal offences of genocide, crimes against humanity and war crimes for abducting, raping, sexually assaulting, and killing Tutsis, and for pillaging of their properties.
- sentencing
- Munyaneza was sentenced to life imprisonment with no chance of parole for 25 years, which is the maximum sentence available in Canadian law.
- Appeals chamber verdict
- Following his conviction, Munyaneza appealed both the conviction and his sentence. One of his arguments was that the acts of murder, sexual violence and pillaging do not constitute war crimes according to international law that was in force in 1994, or, alternatively, according to Canadian law in force at the time. On 7 May 2014, the Quebec’s Court of Appeal rejected Munyaneza’s grounds of appeal and confirmed the first-instance verdict.
- Status
- 2715
- Case number
- 500-73-002500-052
-
Literature
Mullins, Christopher W. - He Would Kill Me With His Penis
- Year
- 2009
- Issues
- Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Sexual Assault/Attack/Abuse Sexual Mutilation Survivor Genocide
- Reference link
- http://https//link.springer.com/article/10.1007%2Fs10612-008-9067-3
- Full reference
- Mullins, Christopher W., “'He Would Kill Me With His Penis': Genocidal Rape in Rwanda as a State Crime", 17 Critical Criminology, 2009, vol. 17, no. 1, pp. 15-33.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Mullins, Christopher W.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
-
Jurisprudence judicial mechanism
ICTY - Zoran Vukovic (Kunarac et al. "Foca")
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Consent Penetration Sexual Slavery Sexual Assault/Attack/Abuse Vagina
- Reference link
- http://www.icty.org/cases/party/712/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Zoran Vukovic
- Charges
- - Torture as a crime against humanity, rape as a crime against humanity, 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) (committing) for taking FWS-50, a 15-year-old girl, from Partizan Sport Hall to an apartment and raping her.
- Trial chamber verdict
- Vukovic was found guilty by the Trial Chamber on 22 February 2001 of: - Torture as a crime against humanity, rape as a crime against humanity, 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) (committing) for taking FWS-50, a 15-year-old girl, from Partizan Sport Hall to an apartment and raping her. Vukovic was found not guilty by the Trial Chamber of: - Torture as a crime against humanity, rape as a crime against humanity, 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 raping FWS-75 and FWS-87 in a classroom in the Foca High School.
- sentencing
- Vukovic was given a sentence of 12 years' imprisonment on 12 June 2002.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 12 June 2002.
- Status
- 2715
- Findings
- Case number
- IT-96-23 and IT-96-23/1
-
Jurisprudence judicial mechanism
ICTY - Vlastimir Dordevic (“Kosovo”)
- Year
- 2014
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Sexual Assault/Attack/Abuse Joint Criminal Enterprise (JCE) Kosovo Albanian Civilians Partner Violence
- Reference link
- http://www.icty.org/cases/party/810/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Vlastimir Dordevic
- Charges
- - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through various crimes, including the sexual assaults of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians. - Persecution as a crime against humanity under Article 7(1) for the sexual assaults of Witness K20, the other two women in Beleg, Witness K14, and the girl in a convoy.
- Trial chamber verdict
- Dordevic was found not guilty by the Trial Chamber on 23 February 2011 of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity - Persecution as a crime against humanity
- sentencing
- Dordevic was sentenced to 18 years’ imprisonment on 27 January 2014.
- Appeals chamber verdict
- The Appeals Chamber reversed on 27 January 2014 the Trial Chamber’s acquittal for persecution as a crime against humanity under Article 7(1) (under JCE III) for the sexual assaults of Witness K20, the other two women in Beleg, Witness K14, and the girl in a convoy, with Judge Güney and Judge Tuzmukhamedov dissenting in part.
- Status
- 2715
- Case number
- IT-05-87/1
-
Jurisprudence judicial mechanism
ICTY - Ivica Rajic (“Stupni Do”)
- Year
- 2006
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Sexual Assault/Attack/Abuse Sexual War Violence Soldiers HVO Soldiers Characteristic of Perpetrator
- Reference link
- http://www.icty.org/cases/party/772/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Ivica Rajic
- Charges
- - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assaults of Muslim women in Stupni Do on 23 October 1993 and Vareš town between 23 October 1993 and 3 November 1993.- Outrages upon personal dignity as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) and 7(3).
- Trial chamber verdict
- Rajic entered a guilty plea to several counts in the indictment (on 26 October 2005), which included one charge related to sexual violence. Rajic was therefore found guilty by the Trial Chamber of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime Rajic was therefore found not guilty of (as these charges were withdrawn following the guilty plea): - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime for the same sexual violence crimes as listed above.
- sentencing
- Rajic was sentenced to 12 years’ imprisonment on 8 May 2006.
- Status
- 2715
- Case number
- IT-95-12
-
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
-
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
-
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
-
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
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
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