Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 39 results.
  • Jurisprudence judicial mechanism

    ICTY - Mladen Naletilic (“Naletilic & Martinovic” Tuta and Stela)

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Genitalia Inhuman Treatment

    Reference link
    http://www.icty.org/cases/party/752/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mladen Naletilic
    Charges
    - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (committing) for beating a young man named Zilic on the genitals with his hand at the Tobacco Institute in Mostar on 10 May 1993.
    Trial chamber verdict
    Naletilic was found guilty by the Trial Chamber on 31 March 2003 of: - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime
    sentencing
    Naletilic was sentenced to 20 years’ imprisonment on 3 May 2006.
    Appeals chamber verdict
    The Appeals Chamber affirmed the conviction of the Trial Chamber on 3 May 2006.
    Status
    2715
    Case number
    IT-98-34

  • Jurisprudence judicial mechanism

    ICTY - Milan Martic (“RSK”)

    Year
    2008
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Sexual Violence against Men/Boys Persecution on Sexual Grounds Forced Oral Sex Forced Masturbation Rape/Sexual Violence in Detention Joint Criminal Enterprise (JCE)

    Reference link
    http://www.icty.org/cases/party/733/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Milan Martic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) of the Croat, Muslim and other non-Serb civilian population, which included sexual abuses, forced mutual oral sex among detainees or with prison guards and mutual masturbation in the old hospital in Knin.- Torture as a crime against humanity, inhumane acts as crimes against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE III), which included sexual assaults of Croat, Muslim and other non-Serb civilians detained in the old hospital in Knin, forced mutual oral sex among detainees or with prison guards and mutual masturbation.
    Trial chamber verdict
    Martic was found guilty by the Trial Chamber on 12 June 2007 of: - Persecution as a crime against humanity - Torture as a crime against humanity, inhumane acts as crimes against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime
    sentencing
    Martic was sentenced to 35 years’ imprisonment on 8 October 2008.
    Appeals chamber verdict
    The convictions were upheld by the Appeals Chamber on 8 October 2008.
    Status
    2715
    Case number
    IT-95-11

  • Jurisprudence judicial mechanism

    ICTR - Simeon Nchamihigo

    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Acquittal Castration Inhuman Treatment Sexual Violence against Men/Boys Genitalia

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-63
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simeon Nchamihigo
    Charges
    Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) (ordering or instigating) for ordering or instigating Interahamwe to remove the genitals of a Tutsi man called Jean-Fidele Murekezi before killing him near Cyangugu prison on or about 16 April 1994.
    Trial chamber verdict
    No evidence was led on the charge (on the removal of body parts or organs) against Nchamihigo. Nchamihigo was therefore found not guilty by the Trial Chamber (on 12 November 2008) of other inhumane acts as crimes against humanity (and the matter was not part of the Appeal Judgment).
    sentencing
    Nchamihigo was sentenced to 40 years’ imprisonment on 18 March 2010.
    Status
    2715
    Case number
    ICTR-01-63

  • Jurisprudence judicial mechanism

    ICTR - Eliézer Niyitegeka

    Year
    2004
    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Sexual Violence against Men/Boys Rape with Foreign Objects Demasculinization/Castration Instigating

    Reference link
    http://www.unictr.org/en/cases/ictr-96-14
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Eliézer Niyitegeka
    Charges
    - Other inhumane acts as crimes against humanity under Article 6(1) for the castration of a man and hanging his genitals on a spike after he had been killed (aiding and abetting) and for ordering Interahamwe to insert a sharp piece of wood into a Tutsi woman’s vagina after she had been killed (ordering). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) and Article 6(3) (command responsibility). - Violence to life, health and physical or mental well-being of persons 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(1) (direct responsibility) (committing) and Article 6(3) (command responsibility).
    Trial chamber verdict
    Niyitegeka was found guilty by the Trial Chamber (on 16 May 2003) of: - Other inhumane acts as crimes against humanity Niyitegeka was found not guilty by the Trial Chamber of: - Rape as a crime against humanity because there was insufficient evidence that Niyitegeka raped a young girl on 20 May 1994 near the Gisovu-Kibuye road. - Violence to life, health and physical or mental well-being of persons 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 as these charges had already been withdrawn by the Prosecution in its final trial brief.
    sentencing
    Niyitegeka received a sentence of life imprisonment.
    Appeals chamber verdict
    The conviction was affirmed by the Appeals Chamber on 9 July 2004.
    Status
    2715
    Case number
    ICTR-96-14

  • Literature

    Hennessey, Tom and Gerry, Felicity - International Human Rights Law...

    Year
    2012
    Issues
    Sexual Violence against Men

    Reference link
    http://espace.cdu.edu.au/view/cdu:59770
    Full reference
    Hennessey, Tom and Felicity Gerry, International Human Rights Law and Sexual Violence against Men in Conflict Zones, Halsbury Law Exchange, 2012.
    Type of literature
    Grey Literature
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Hennessey, Tom and Gerry, Felicity

  • Literature

    Grey, Rosemary and Sheperd, Laura J. - ‘‘Stop Rape Now?’’: Masculinity, Responsibility,...

    Year
    2012
    Issues
    Sexual Violence against Men

    Reference link
    http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.916.3031&rep=rep1&type=pdf
    Full reference
    Grey, Rosemary and Laura J. Shepherd, "'Stop Rape Now?’': Masculinity, Responsibility, and Conflict-related Sexual Violence", in Men and Masculinities, 2012, vol. 16, no. 1, pp. 115-135.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Grey, Rosemary and Shepherd, Laura J.

  • Literature

    Grey, Rosemary - Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court: Practice, Progress and Potential

    Year
    2019
    Issues
    Sexual Violence against Children Sexual Violence against Men Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://www.cambridge.org/de/academic/subjects/law/public-international-law/prosecuting-sexual-and-gender-based-crimes-international-criminal-court-practice-progress-and-potential?format=HB
    Full reference
    Rosemary Grey, Prosecuting Sexual and Gender-Based Crimes at the International Criminal Court: Practice, Progress and Potential, Cambridge University Press, Cambridge, 2019.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence, 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
    Grey, Rosemary

  • Literature

    Goris, Ellen - Invisible Victims? Where are Male Victims...

    Year
    2015
    Issues
    Sexual Violence against Men

    Reference link
    https://journals.sagepub.com/doi/abs/10.1177/1350506815605345
    Full reference
    Goris, Ellen, "Invisible Victims? Where are Male Victims of Conflict-Related Sexual Violence in International Law and Policy?", in European Journal of Women’s Studies, 2015, vol. 22, no. 4, pp. 412-427.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Goris, Ellen

  • Literature

    Fein, Helen - Genocide and Gender: The Uses of Women...

    Issues
    Definitions/Elements of Sexual Violence Crimes

    Reference link
    https://www.tandfonline.com/doi/abs/10.1080/14623529908413934
    Full reference
    Fein, Helen, "Genocide and Gender: The Uses of Women and Group Destiny", in Journal of Genocide Research, 1999, vol. 1, no. 1, pp. 43-63.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Fein, Helen

  • Literature

    Eriksson Baaz, Maria and Stern, Maria - The Complexity of Violence: A critical Analysis...

    Year
    2010
    Issues
    Sexual Violence as a Weapon of War Sexual Violence against Men
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Torture Execution Forced Recruitment Gender-Based Violence Sexual Violence against Men/Boys

    Reference link
    http://www.peacewomen.org/assets/file/Resources/NGO/vaw_thecomplexityofviolence_nordicafrica-sida_2010.pdf
    Full reference
    Baaz, Maria Eriksson and Maria Stern, The Complexity of Violence: A Critical Analysis of Sexual Violence in the Democratic Republic of Congo (DRC), Sida, 2010.
    Type of literature
    Grey Literature
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Eriksson Baaz, Maria and Stern, Maria

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