Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 36 results.
-
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
-
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
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
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
-
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)
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