Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 94 results.

  • Literature

    Josse, Evelyne - "They Came with Two Guns": The Consequences of Sexual Violence for the Mental Health of Women in Armed Conflicts

    Year
    2010
    Issues
    Victims of Sexual Violence

    Reference link
    http://www.icrc.org/en/international-review/article/they-came-two-guns-consequences-sexual-violence-mental-health-women
    Full reference
    Evelyne Josse, “’They Came with Two Guns’: The Consequences of Sexual Violence for the Mental Health of Women in Armed Conflicts”, in International Review of the Red Cross, 2010, vol. 92, no. 877, pp. 177-195.
    Type of literature
    Journal Article
    Research focus
    Women and the Armed Conflict

  • Literature

    Johnson, Kirsten et al. - Association of Combatant Status...

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Liberia
    Keywords
    Sexual Violence Psychosocial Trauma Combatants/Non Combatants

    Reference link
    https://jamanetwork.com/journals/jama/fullarticle/182379
    Full reference
    Johnson, Kirsten et al., "Association of Combatant Status and Sexual Violence with Health and Mental Health Outcomes in Postconflict Liberia", in Journal of the American Medical Association (JAMA), 2008, vol. 300, no. 6, pp. 676-690.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Johnson, Kirsten; Asher, Jana; Rosborough, Stephanie; Raja, Amisha; Panjabi, Rajesh; Beadling, Charles and Lawry, Lynn

  • Literature

    Johansson, Karin and Sarwari, Mehwish - Sexual violence and biased military interventions in civil conflict

    Year
    2017
    Issues
    Socio-cultural Context of Sexual Violence Sexual Violence as a Weapon of War

    Reference link
    http://journals.sagepub.com/doi/abs/10.1177/0738894216689814
    Full reference
    Karin Johansson and Mehwish Sarwari, “Sexual Violence and Biased Military Interventions in Civil Conflict”, in Conflict Management and Peace Science, 2017, pp. 1-25.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Johansson, Karin and Sarwari, Mehwish

  • Literature

    Jalloh, Charles C. - The Sierra Leone Special Court and its Legacy

    Year
    2015
    Issues
    Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Special Court for Sierra Leone Forced Marriage International Criminal Law Sexual Violence

    Reference link
    http://www.cambridge.org/de/academic/subjects/law/humanitarian-law/sierra-leone-special-court-and-its-legacy-impact-africa-and-international-criminal-law?format=PB
    Full reference
    Charles C. Jalloh (ed.), The Sierra Leone Special Court and its Legacy- The Impact for Africa and International Criminal Law, Cambridge University Press, Cambridge, 2015.
    Type of literature
    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

  • Literature

    Jaji, Rose - Men’s Participation in Combating Sexual and Gender-Based Violence (SGBV) in Zimbabwe

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Socio-cultural Context of Sexual Violence

    Reference link
    http://www.zambakari.org/uploads/8/4/8/9/84899028/180506_v4_ssrn_policy_brief_men_and_combating_sgbv_in_zimbabwe_cz__justified_text_.pdf
    Full reference
    Rose Jaji, “Men’s Participation in Combating Sexual and Gender-Based Violence (SGBV) in Zimbabwe”, in The Zambakari Advisory Policy Brief, The Zambakari Advisory, Phoenix, 2018.
    Type of literature
    Grey Literature
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence, Obstacles to Establish Accountability for Sexual Violence Crimes, Inequality and Discrimination against Women during Armed Conflict

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Saddam Hussein Al Majeed (“Saddam Hussein Al Majeed et al.”)

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Iraq
    Keywords
    Detention Centers Sexual Violence Use of Euphemistic Language Shame Rape/Sexual Violence in Prison

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Saddam Hussein Al Majeed
    Charges
    Hussein was indicted on 31 July 2005 for committing different charges of crimes against humanity, including torture and other inhumane acts (based on the Rome Statute provisions) under Article 12 of the IHT Statute, which seemed to include sexual violence as found in the factual findings in the Judgement.The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, Saddam Hussein was convicted by the IHT. The conviction included torture and other inhumane acts as a crime against humanity, which encompassed several instances of rape and other forms of sexual violence. [it is not entirely clear how the sexual violence was ultimately convicted, but it seems under ‘torture’ and/or ‘other inhumane acts’ as a crime against humanity]
    sentencing
    Hussein received a death sentence by hanging.
    Status
    2715
    Case number
    1/C 1/2005

  • Jurisprudence non-judicial mechanisms

    International Commission of Inquiry on Libya

    Country
    Libya
    Keywords
    War Crimes Attack against a Civilian Population Sexual Violence

    Reference link
    www.ohchr.org/EN/HRBodies/HRC/Pages/OIOL.aspx
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Libya
    Status
    2715
    Findings
    On 15 June 2011 the Commission submitted a report to the Human Rights Council setting out its findings. The Council extended the mandate of the Commission in light of the extensive and on-going allegations of abuses. It requested the Commission to provide a second report at the Council’s nineteenth session in March, 2012. In its first report of 15 June 2011, the COI held with regard to sexual violence: “The commission received, but was unable to verify, individual accounts of rape. It notes, however, that sufficient information was received to justify further investigation to ascertain the extent of sexual violence, including whether cases were linked to incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact and have spread fear among the population. Given the allegations that rape was committed as part of a policy to spread such fear, further investigation would be warranted.” And: “The commission has found that there have been many serious violations of international humanitarian law committed by Government forces amounting to “war crimes”. (…) Further investigation would also be required in relation to whether children under 15 years of age were conscripted into or enlisted in armed forces or groups, or used them to participate actively in hostilities, as well as into allegations of rape during the conflict.” In conclusion on sexual violence, the COI said: “ The Commission received but was unable to verify individual accounts of rape. However, the Commission notes there was sufficient information received to justify further investigation to ascertain the extent of sexual violence including whether cases were linked to incitement by the command of either side. It is evident that the reports of the rapes have had a major psychological and social impact and have spread fear among the population. Given accounts that rape was committed as part of a policy to spread such fear, further investigation would be warranted.” And: “Sexual violence is an area which requires further investigation to ascertain the extent of these violations, including whether cases were linked to incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact, spreading fears amongst the population. Given the sensitive nature of the subject, the Commission considers it important that further investigation employ specifically tailored methodologies which take into account the stigmatization of sexual violence.” However, at one point, the COI stated: “the commission has found that there have been acts constituting murder, imprisonment, other forms of severe deprivation of physical liberty in violation of fundamental rules of international law, torture, persecution, enforced disappearance and sexual abuse that were committed by Government forces as part of a widespread or systematic attack against a civilian population with knowledge of the attack. Such acts fall within the meaning of “crimes against humanity”.” On 8 March 2012, the COI found additional violations including unlawful killing, individual acts of torture and ill-treatment, attacks on civilians, and rape (committed by the Qadhafi forces). On sexual violence it held specifically: “The prevailing culture of silence, the lack of reliable statistics, the evident use of torture to extract confessions, and the political sensitivity of the issue combine to make this issue the most difficult one for the Commission to investigate. The Commission found that sexual violence occurred in Libya and played a significant role in provoking fear in various communities. The Commission established that sexual torture was used as a means to extract information from and to humiliate detainees. The Commission did not find evidence to substantiate claims of a widespread or a systematic attack, or any overall policy of sexual violence against a civilian population. The information received is, however, sufficient to justify further investigation to ascertain the extent of sexual violence.”
    Recommendations
    In its recommendations, the COI gave three specific recommendations that applied to victims of sexual violence: “(j) Establish appropriate gender-sensitive psychological, medical, legal and social support services throughout the country; recruit and train female investigators and encourage and support the establishment of civil society organizations to provide support to victims of sexual violence; (k) Establish public awareness campaigns through the media in support of victims of sexual violence; and (t) Establish programs for the training for all officials including judicial, police, military and prison officials in international human rights law, in particular specialized training for the handling of sexual violence cases.” For the rest of the recommendations, see the report.
    Date of report / release
    1912-03-08

  • Jurisprudence judicial mechanism

    ICTY - Jadranko Prlic (“Prlic et al.”)

    Year
    2013
    Issues
    Sexual Violence as a Weapon of War
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence Inhuman Treatment War Crimes Rape as Crime Against Humanity

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Jadranko Prlic
    Charges
    - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes [add factual incidents for this case and co-accused].
    Trial chamber verdict
    Prlic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
    sentencing
    Prlic was sentenced to 25 years’ imprisonment on 29 May 2013.
    Appeals chamber verdict
    The Appeals Chamber on 29 November 2017 confirmed the convictions and charges by the Trial Chamber.
    Status
    2715
    Case number
    IT-04-74

  • Jurisprudence judicial mechanism

    ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Aloys Ntabakuze
    Charges
    Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault 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: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
    Trial chamber verdict
    Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Literature

    ICC Office of the Prosecutor - Policy Paper on Sexual...

    Year
    2014
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions

    Reference link
    https://www.icc-cpi.int/iccdocs/otp/otp-policy-paper-on-sexual-and-gender-based-crimes--june-2014.pdf
    Full reference
    ICC Office of the Prosecutor, Policy Paper on Sexual and Gender-Based Crimes, June 2014.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    ICC Office of the Prosecutor
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

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