Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 36 results.

  • 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.&nbsp; <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>

  • 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)

  • 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

    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

    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

    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

    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)

  • Literature

    Oosterveld, Valerie - Gender and the Charles Taylor Case...

    Year
    2012
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Forced Marriage Outrages upon Personal Dignity Responsibility Enslavement

    Reference link
    https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1110&context=lawpub
    Full reference
    Oosterveld, Valerie, "Gender and the Charles Taylor Case at the Special Court for Sierra Leone", in Wm. & Mary J. Women & L., 2012-2013, vol. 19, no. 7, pp. 7-33.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Oosterveld, Valerie
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Literature

    Oosterveld, Valerie - The Construction of Gender in Child Soldiering in the Special Court for Sierra Leone

    Year
    2018
    Issues
    Sexual Violence against Children Role of Non-state Actors in Perpetrating Violence
    Country
    Sierra Leone
    Keywords
    Sexual Slavery Child Soldiers Sexual Violence against Boys

    Reference link
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=3305328
    Full reference
    Valerie Oosterveld, “The Construction of Gender in Child Soldiering in the Special Court for Sierra Leone”, in Mark A. Drumbl and Jastine C. Barrett (eds.), Research Handbook on Child Soldiers, Edward Elgar Publishing Forthcoming, 2019.
    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

    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

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