Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 31 to 36 of 36 results.
-
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.
-
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
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
-
Literature
Sivakumaran, Sandesh - Prosecuting Sexual Violence against Men and Boys
- Year
- 2013
- Issues
- Sexual Violence against Men Female Perpetrators of Sexual Violence
- Reference link
- https://intersentia.com/en/sexual-violence-as-an-international-crime-interdisciplinary-approaches.html
- Full reference
- Sivakumaran, Sandesh, "Prosecuting Sexual Violence against Men and Boys", in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches, Intersentia, Cambridge/Antwerp/Portland, 2013, pp. 79-97.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Sivakumaran, Sandesh
-
Jurisprudence judicial mechanism
The Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, Japan – Comfort Women Case
- Country
- Japan
- Keywords
- Comfort Women Sexual Slavery Forced Prostitution Rape Sexual Violence against Girls Women Rights World War II
- Reference link
- http://www.asser.nl/upload/documents/DomCLIC/Docs/NLP/Japan/Comfort_Women_Judgement_04-12-2001_part_1.pdf
- Type of mechanism
- Military Tribunal
- Name of mechanism
- Women’s International Tribunal on Japanese Military Sexual Slavery
- Name of accused
- Emperor Hirohito Showa, Ando Rikichi, Hata Shunroku, Itagaki Seishiro, Kobayashi Seizo, Matsui Iwane, Umezu Yoshijiro, Terauchi Hisaichi, Tojo Hideki, Yamashita Tomoyuki, The Government of Japan
- Charges
- Participating, aiding and abetting of the Japanese army’s so called “comfort system”. This allegedly state-sanctioned system included mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories.
- Trial chamber verdict
- The Tribunal found that due to its widespread and organised structure, the “comfort system” was facilitating rape and sexual slavery of tens of thousands of girls and women and essentially qualified as state-sanctioned system of rape and enslavement. The Trial furthermore concluded that all elements of a crime against humanity had been fulfilled.The Tribunal found all nine high-ranking military and government officials, as well as Emperor Hirohito, guilty of rape and sexual slavery as crimes against humanity. Emperor Hirohito was also found guilty by way of his superior responsibility for mass rape committed at a Filipino village. The Tribunal furthermore found the Japanese government responsible for the harm inflicted by the “comfort system”.
- sentencing
- All accused were already dead by the time the trial was held.
- Status
- 2715
- Case number
- PT-2000-1-T
- Reparations / awards
- The Tribunal emphasised that while it has no power to enforce its judgment and consequently reparations and compensations, it does have moral authority, which should be enough to ensure enforcement by the national governments and the international community (paras. 1086-1088).
-
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.
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