Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 36 results.
-
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
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
Oosterveld, Valerie – Gender-Based Crimes against Humanity
- Year
- 2011
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
- Reference link
- http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1885721
- Full reference
- Valerie Oosterveld, “Gender-Based Crimes against Humanity”, in Leila N. Sadat (ed.), Forging a Convention for Crimes against Humanity, Cambridge University Press, 2011, pp. 78-101.
- Type of literature
- Chapter in Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Oosterveld, Valerie
-
Literature
Prescott, Jordan A. and Madsen, Adrian M. - Sexual Violence in Africa’s Conflict Zones
- Year
- 2011
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- https://www.worldcat.org/title/sexual-violence-in-africas-conflict-zones/oclc/688559387
- Full reference
- Prescott, Jordan A. and Adrian M. Madsen, Sexual Violence in Africa’s Conflict Zones, Nova Science Publisher’s 2011.
- Type of literature
- Book
- Research focus
- Obstacles to Establish Accountability for Sexual Violence Crimes
- Author
- Prescott, Jordan A. and Madsen, Adrian M.
-
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
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
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)
-
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
-
Literature
Mullins, Christopher W. - We Are Going to Rape You and Taste Tutsi Women
- Year
- 2009
- Issues
- Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Genocidal Rape Sexual Slavery Mass Rape Genocide
- Reference link
- https://academic.oup.com/bjc/article-abstract/49/6/719/414361?redirectedFrom=fulltext
- Full reference
- Mullins, Christopher W., “'We Are Going to Rape You and Taste Tutsi Women': Rape During the 1994 Rwandan Genocide", in British Journal of Criminology, 2009, vol. 49, no. 6,pp. 719-735.
- 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
SCSL - Augustine Gbao (Sesay et al. "RUF")
- Year
- 2009
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Sierra Leone
- Keywords
- Sexual Slavery Forced Marriage AFRC RUF Lack of Consent Joint Criminal Enterprise (JCE) Rape
- Reference link
- http://www.rscsl.org/RUF.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Augustine Gbao
- Charges
- - Rape as a crime against humanity under Article 6(1) (JCE) for the rapes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District.- Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity under Article 6(1) (JCE) for the crimes of sexual slavery and forced marriages committed in Koidu Town and Wendedu in Kono District and in locations in Kailahun District.- Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for the crimes of rapes, sexual slavery and forced marriages committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Kailahun District.
- Trial chamber verdict
- Gbao was found guilty by the Trial Chamber on 2 March 2009 of:- Rape as a crime against humanity - Sexual slavery as a crime against humanity and other inhumane acts as crimes against humanity - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes
- sentencing
- Gbao was sentenced to 25 years’ imprisonment on 26 October 2009.
- Appeals chamber verdict
- The convictions were upheld by the Appeals Chamber on 26 October 2009.
- Status
- 2715
- Case number
- SCSL-04-15
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