Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 21 to 30 of 36 results.
-
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 judicial mechanism
SCSL - Alex Tamba Brima (Brima et al. "AFRC")
- Year
- 2008
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability
- Country
- Sierra Leone
- Keywords
- Forced Marriage Sexual Slavery Consent AFRC Duplicity of Charges Consent-Children Jus Cogens
- Reference link
- http://www.rscsl.org/AFRC.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Alex Tamba Brima
- Charges
- - Rape as a crime against humanity under Article 6(3) (command responsibility) - Outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) (planning the commission) for the crimes of rapes and sexual slavery committed in Bombali District and the Western Area. - Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for rapes and sexual slavery in Bombali District and the Western Area. - Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
- Trial chamber verdict
- Brima was found guilty by the Trial Chamber on 20 June 2007 of:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime- Acts of terrorism as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and collective punishment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Brima was found not guilty by the Trial Chamber of:- Sexual slavery and any other form of sexual violence as crimes against humanity or other inhumane acts as crimes against humanity under Articles 6(1) and 6(3).
- sentencing
- Brima was sentenced to 50 years’ imprisonment on 22 February 2008.
- Appeals chamber verdict
- The Appeals Chamber confirmed on 22 February 2008 the sexual violence convictions entered by the Trial Chamber.
- Status
- 2715
- Case number
- SCSL-04-16
-
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
-
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
Wood, Elisabeth J. - Variation in Sexual Violence during War
- Year
- 2006
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- http://www.sscnet.ucla.edu/polisci/cpworkshop/papers/Wood.pdf
- Full reference
- Wood, Elisabeth Jean, "Variation in Sexual Violence during War", in Politics and Society, 2006, vol. 34, no. 3, pp. 307-342.
- Type of literature
- Journal Article
- Research focus
- Perpetrators and Prevention
- Author
- Wood, Elisabeth J.
-
Jurisprudence judicial mechanism
ICTY - Dragoljub Prcac (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Forced Nudity Sexual Slavery Forced Prostitution Joint Criminal Enterprise (JCE) Forced to watch Rape Foreseeable Consequence Kunarac Akayesu
- Reference link
- http://www.icty.org/cases/party/722/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Dragoljub Prcac
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
- Trial chamber verdict
- Prcac was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Prcac was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Prcac was sentenced to 5 years’ imprisonment.
- Appeals chamber verdict
- The conviction was upheld by the Appeals Chamber on 28 February 2005.
- Status
- 2715
- Case number
- IT-98-30/1
-
Jurisprudence judicial mechanism
ICTY - Dragoljub Kunarac (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 Sexual Slavery Lack of Consent Aiding and Abetting Vagina Rape as Crime Against Humanity Kunarac
- 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
- Dragoljub Kunarac
- 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 and aiding and abetting) for: (i) taking FWS-75 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped D.B. and aided and abetted the gang-rape of FWS-75 by several soldiers; (ii) taking FWS-87, FWS-75, FWS-50 and D.B. to his headquarters at Ulica Osmana Ðikica no. 16, where he raped FWS-87 and aided and abetted the torture and rapes of FWS-87, FWS-75 and FWS-50 by soldiers; (iii) transferring FWS-95 from Partizan Sports Hall to his headquarters at Ulica Osmana Ðikica no. 16, where he raped her; (iv) taking FWS-87 to a room on the upper floor of Karaman’s house in Miljevina, where he raped her; (v) threatening to kill FWS-183 and her son while he tried to obtain information or a confession from FWS-183 concerning her alleged sending of messages to the Muslim forces and information about the whereabouts of her valuables and for raping her on that occasion; and (vi) raping FWS-191 and aiding and abetting the rape of FWS-186 by soldiers in an abandoned house in Trnovace.- Enslavement as a crime against humanity under Article 7(1) (committing and aiding and abetting) for the enslavement of FWS-186 and FWS-191 for a period of six months in a house in Trnovace and for treating them as his property.- 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 taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48.- Outrages upon personal dignity as a violation of the laws or customs of war as a war crime under Article 7(1) for taking FWS-186, FWS-191 and J.G. from the house Ulica Osmana Ðikica no. 16 to the abandoned house of Halid Cedic in Trnovace, where they were raped, and for raping FWS-191 approximately 6 months and treating FWS-186 and FWS-191 as his personal property.
- Trial chamber verdict
- Kunarac 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 - Rape as a violation of the laws or customs of war as a war crime - Enslavement as a crime against humanity Kunarac 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 for taking FWS-48 and two other women to the Hotel Zelengora where he raped FWS-48 and for taking FWS-48 and FWS-95 to a house in the Donje Polje neighborhood where he raped FWS-48. - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
- sentencing
- Kunarac received a sentence of 28 years’ imprisonment on 12 June 2002.
- Appeals chamber verdict
- The convictions by the Trial Chamber 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 - 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 - 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
-
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)
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