Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 15 results.

  • 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

    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

  • 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

    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

    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

    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

  • 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

    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 - 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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