Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 36 results.
-
Literature
Mibenge, Chiseche S. - Sex and International Tribunals...
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Sierra Leone
- Keywords
- Forced Marriage Sexual Slavery Impartiality Universality Prosecution Feminist Approach Mass Rape
- Reference link
- https://muse.jhu.edu/book/24977#info_wrap
- Full reference
- Mibenge, Chiseche Salome, Sex and International Tribunals: The Erasure of Gender from the War Narrative, University of Pennsylvania Press, 2013.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Mibenge, Chiseche S.
- Type of mechanism
- International Criminal Tribunal/Court, Truth Commission
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), The Sierra Leone Truth and Reconciliation Commission, Special Court for Sierra Leone (SCSL)
-
Literature
Mibenge, Chiseche S. - Investigating Outcomes of a Limited Gender Analysis of Enslavement...
- Year
- 2010
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://journals.sagepub.com/doi/pdf/10.1080/15423166.2010.213451362255
- Full reference
- Mibenge, Chiseche, "Investigating Outcomes of a Limited Gender Analysis of Enslavement in Post-conflict Justice Processes", in Journal of Peacebuilding & Development, 2010, vol. 5, no. 3, pp. 34-46.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Mibenge, Chiseche S.
-
Literature
Merope, Sienna - Recharacterizing the Lubanga Case...
- Year
- 2011
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Sexual Slavery Inhuman Treatment Prosecution Recharacterization
- Reference link
- https://link.springer.com/article/10.1007/s10609-011-9143-3
- Full reference
- Merope, Sienna, "Recharacterizing the Lubanga Case: Regulation 55 and the Consequences for Gender Justice at the ICC", in Criminal Law Forum, 2011, vol. 22, pp.311-346.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Merope, Sienna
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Literature
McHenry, James - The Prosecution of Rape under International Law...
- Year
- 2002
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Sexual Slavery Prosecution Equality
- Reference link
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/vantl35&div=44&id=&page=
- Full reference
- McHenry, James, "The Prosecution of Rape under International Law: Justice That is Long Overdue", in Vanderbilt Journal of Transnational Law, 2002, vol. 35, pp. 1269-1311.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- McHenry, James
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
Jain, Neha - Marriage as a Crime against Humanity...
- Year
- 2008
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Sierra Leone, Cambodia, Rwanda, Uganda
- Keywords
- Forced Marriage Inhuman Treatment Sexual Slavery Crimes Against Humanity Armed Conflict
- Reference link
- https://academic.oup.com/jicj/article-abstract/6/5/1013/835363?redirectedFrom=fulltext
- Full reference
- Jain, Neha, "Forced marriage as a Crime against Humanity: Problems of Definition and Prosecution", in J Int Criminal Justice, 2008, vol. 5, no. 5, pp. 1013-1032.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Jain, Neha
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
-
Jurisprudence non-judicial mechanisms
International Commission of Inquiry on Guinea
- Country
- Guinea
- Keywords
- Rape Humiliating and Degrading Treatment Forced Nudity Sexual Slavery Killings
- Reference link
- www.legal-tools.org/en/browse/record/c5939f/
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Type of mechanism
- Commission of Inquiry
- Name of mechanism
- International Commission of Inquiry on Guinea
- Status
- 2715
- Findings
- On 28 September 2009, the red berets and gendarmes surrounded the stadium, blocked the exits, stormed through the main gates, fired tear gas and set about killing or wounding the demonstrators or subjecting them to sexual assault. In under two hours, hundreds of civilians had died or been seriously wounded, stripped in public and subjected to widespread sexual abuse, being unable to flee as the exits from the stadium had been blocked. The authorities then began an organized attempt to cover up the crimes and, as a result, at least 89 persons have been reported missing, some are suffering from permanent injuries, while others will be afflicted with long-term physical and mental suffering. Among the many crimes the COI confirmed (e.g. killings), it also confirmed that at least 109 women were subjected to (gang) rape and other sexual violence, including sexual mutilation and sexual slavery. Several women died of their wounds following particularly cruel sexual attacks. Women were subjected to collective rape, often involving the use of objects, in public places, and all these acts were committed over a period of less than two hours, mainly in one place, in full view and with the full knowledge of all those who were present.
- Recommendations
- On 18 December 2009, the COI recommended, <i>inter alia</i>, that the Guinean Government should be strongly urged to provide the families concerned with all relevant information on the case of persons who have disappeared, that the International Criminal Court should be asked to investigate the persons alleged to have committed crimes against humanity, that adequate reparation should be made to the victims and that targeted sanctions should be imposed against the principal perpetrators of the violations. <b>The COI qualified the acts committed as: (1) violations of human rights and (2) violations of international criminal law.</b> As for the violations of human rights it held that the sexual slavery to which a number of women were subjected constitutes, <i>inter alia</i>, a <i>violation of the prohibition against holding anyone in slavery or servitude </i>(Article 8 of the ICCPR). The at least 109 women who were found subjected to sexual violence were held to be grave violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, i.e. <i>torture</i> (Article 1). These acts inflicted “severe pain or suffering” in order to punish the victims for an act which they had committed (participation in a demonstration prohibited by the Government) and to intimidate them, particularly to deter them from demonstrating against the authorities in the future. The persons responsible for these acts were soldiers, gendarmes, policemen and militiamen. The latter clearly acted “at the instigation of [a public official] or with the consent or acquiescence [of a public official]” since they were operating in conjunction with the security forces which were engaged in repression. Some of these acts, such as stripping women naked in public or certain less severe types of aggression, may be categorized as <i>cruel, inhuman or degrading treatment</i>, the COI stated. These acts of sexual violence were also considered <i>violations of the Convention on the Elimination of All Forms of Discrimination against Women</i>, since they were clearly directed against women as such. As for the violations of international criminal law, the COI held that it was established that <i>crimes against humanity</i> had been committed, <i>including rape, sexual slavery and sexual violence</i>. The COI referred to the Rome Statute for the prohibition of rape and other forms of sexual violence as a crime against humanity (Article 7(1)(g)).
- Date of report / release
- 1909-12-18
- Reparations / awards
- <p style="text-align:justify; line-height:115%"><span lang="EN-US">As for the reparations, specific mention was made of the victims of sexual violence. It was held that victims should receive, e.g.: </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(1) medical treatment and adequate care, in particular for the victims of sexual violence, who should be given treatment for HIV/AIDS and other sexually transmitted diseases; and </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(2) psychological counselling, particularly for victims of gender-based violence, especially rape and sexual violence.</span></p>
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Literature
Impunity Watch - Changing the Face of Justice: The Keys to the Strategic Litigation of the Sepur Zarco Case
- Year
- 2017
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
- Country
- Guatemala
- Keywords
- Sexual Slavery Rape Sepur Zarco
- Reference link
- https://www.impunitywatch.org/docs/Changing_the_face_of_justice_final.pdf
- Full reference
- Impunity Watch, “Changing the Face of Justice: The Keys to the Strategic Litigation of the Sepur Zarco Case”, 2017, available at https://www.impunitywatch.org/docs/Changing_the_face_of_justice_final.pdf, last accessed at 24 October 2018.
- Type of literature
- Grey Literature
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Impunity Watch
-
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 - Radomir Kovac (Kunarac et al. "Foca")
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Former Yugoslavia
- Keywords
- Penetration Consent Sexual Slavery Aiding and Abetting
- 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
- Radomir Kovac
- Charges
- - Enslavement as a crime against humanity, rape as a crime against humanity, rape as a violation of the laws or customs of war as a war crime and outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) (committing and aiding and abetting) for: (i) detaining FWS-75 and the 12-year-old girl A.B. in his apartment for about a week and FWS-87 and A.S. for about four months and for treating them as his property; (ii) raping FWS-75, FWS-87 and A.B. and for aiding and abetting the rapes of these women and of A.S. by allowing other soldiers to visit or stay in his apartment and to rape them or by encouraging the soldiers to do so, and by handing the girls over to other men with the knowledge that they would rape them: (iii) forcing FWS-87, A.S. and A.B. to strip and dance naked on a table while watching them; and (iv) selling A.B. for 200 Deutschmarks, FWS-87 and A.S. for 500 Deutschmarks each and for handing over FWS-75 to other men.
- Trial chamber verdict
- Kovac was found guilty by the Trial Chamber on 22 February 2001 of: - Enslavement as a crime against humanity - Rape as a crime against humanity - Rape as a violation of the laws or customs of war as a war crime - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Kovac was given a sentence of 20 years’ imprisonment on 12 June 2002.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 12 June 2002.
- Status
- 2715
- Case number
- IT-96-23 and IT-96-23/1
-
Jurisprudence judicial mechanism
ICTY - Momcilo Krajisnik
- Year
- 2009
- Issues
- Modes of Liability
- Country
- Former Yugoslavia
- Keywords
- Acquittal Persecution on Sexual Grounds Sexual Slavery Specific Intent Common Objective of JCE
- Reference link
- http://www.icty.org/cases/party/709/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Momcilo Krajisnik
- Charges
- Krajisnik was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE), which included rapes and sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs; - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence.
- Trial chamber verdict
- Krajisnik was found guilty by the Trial Chamber on 27 September 2006 of persecution as a crime against humanity under Article 7(1) (JCE). Krajisnik was found not guilty by the Trial Chamber of causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence. He was found not guilty of genocide since the specific intent for genocide could not be established.
- sentencing
- Krajisnik was sentenced by the Appeals Chamber to 20 years’ imprisonment on 17 March 2009 (for other charges).
- Appeals chamber verdict
- However, the Appeals Chamber on 17 March 2009 reversed the sexual violence conviction – i.e. persecution as a crime against humanity – as it found that the Trial Chamber committed an error as persecution fell outside the original common objective of the JCE, which only encompassed the crimes of deportation and forcible transfer.
- Status
- 2715
- Case number
- IT-00-39
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