Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 3 results.

  • Literature

    Brownmiller, Susan - Against Our Will: Men, Women and Rape

    Year
    1975
    Issues
    Socio-cultural Context of Sexual Violence

    Reference link
    https://psycnet.apa.org/record/2004-20005-001
    Full reference
    Brownmiller[PubMed] [Google Scholar], Susan, Against Our Will: Men, Women and Rape, New York: Fawcett Columbine, 1975.
    Type of literature
    Book
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Brownmiller, Susan

  • Jurisprudence judicial mechanism

    Guatemala, High Impact Court ‘A’ - Efraín Ríos Montt (“Montt and Menchu”)

    Issues
    Socio-cultural Context of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Sexual Violence as a Weapon of War
    Country
    Guatemala
    Keywords
    Ethnic Cleansing Spoil of War Retrial Indigenous Population Mental Incapacity of Accused

    Reference link
    http://www.ijmonitor.org/2018/04/the-legacy-of-rios-montt-guatemalas-most-notorious-war-criminal/
    Type of mechanism
    Domestic court
    Name of mechanism
    Guatemalan High Impact Court 'A', Constitutional Court
    Name of accused
    Efraín Ríos Montt
    Charges
    Montt was charged with genocide and crimes against humanity, including sexual violence, under command responsibility.
    Trial chamber verdict
    On 10 May 2013 he was found guilty by a Guatemalan trial court (High Impact Court ‘A’) of genocide and crimes against humanity, including sexual violence, under command responsibility. The conviction was for crimes committed against Guatemala’s Maya Ixil indigenous population during Montt’s 17-month rule in 1982 and 1983. According to the Court, women were raped, not only as the ‘spoils of war’, but as part of the systematic and intentional plan to destroy the Ixil ethnic group by exercising violence on women’s bodies as a way to destroy the social fabric and thereby ensure the destruction of the Ixil population. Specific reference was made to the testimony of one woman, who narrated how she was raped by more than 20 soldiers while she was held prisoner in a military base. The tribunal noted that sexual violence results in pain and suffering that is still experienced by many of the women, and that the violence has an inter-generational effect, noting that women reproduce life as well as culture.
    sentencing
    At first instance only: Montt, 86 years old, was sentenced to 80 years in prison (50 years for genocide and 30 years for crimes against humanity, served consecutively). Furthermore, as part of the reparation requirements, the judges ordered personal apologies to be made to the survivors of sexual violence.
    Appeals chamber verdict
    However, on 20 May 2013, Guatemala’s Constitutional Court annulled the trial judgment on procedural grounds and a retrial was subsequently ordered. In 2014, the retrial was suspended when the defense sought the removal of one of the judges on the case. On 11 January 2016, the retrial was suspended again for the court to resolve outstanding legal petitions. The hearing was held behind closed doors and Montt did not attend because of ‘mental incapacity’, which the court had decided he was suffering from in 2015 already. On 1 April, 2018, the lawyer of Ríos Montt reported that he had died of a heart failure.
    Status
    2715
    Case number
    Exp 1904-2013

  • Jurisprudence judicial mechanism

    ICC - Colombia

    Issues
    Sexual Violence against Children Sexual Violence against Men Sexual Violence as a Weapon of War
    Country
    Colombia
    Keywords
    Crimes of Honor HIV Sexual Orientation Terrorism Threat of Rape Spoil of War Investigation Preliminary Investigation

    Reference link
    https://www.icc-cpi.int/colombia
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Charges
    Status
    2778
    Findings
    The Prosecution has determined that the information available provides a reasonable basis to believe that crimes against humanity have been committed in the situation in Colombia by different actors, since 1 November 2002, including rape and other forms of sexual violence as crimes against humanity. The Prosecution also held that there is a reasonable basis to believe that war crimes under article 8 of the Statute have been committed in the situation in Colombia since 1 November 2009, including rape and other forms of sexual violence under article 7(1)(g) of the Statute and rape and other forms of sexual violence under article 8(2)(e)(vi). The FARC, the ELN and paramilitaries have been held responsible for the commission of various forms of sexual violence, including: rape; torture and sexual mutilation; forced prostitution and sexual slavery; and other forms of sexual violence. Targeted victims of sexual violence include women and girls who have been forcibly recruited; women whose relatives are members of armed groups or are viewed as having contacts with members of an opposing group; women obstructing forced recruitment of their sons and daughters, particularly by the FARC and the paramilitaries; women belonging to indigenous communities; men and women whose sexual orientation or gender identity is questioned; alleged carriers of sexually transmissible diseases such as HIV/AIDS; women members of human rights organizations and activists; women who refuse to obey instructions of the FARC. Amnesty International identified the following motives behind the commission of sexual violence by armed groups: to sow terror within communities to ease military control; to force people to flee to facilitate acquisition of territory; to wreak revenge on adversaries; to accumulate trophies of war; to exploit victims as sexual slaves; to injure the “enemy’s honor.” According to the First Survey on the Prevalence of Sexual Violence against Women in the Context of the Colombian Armed Conflict 2001-2009, victims of some types of sexual violence were assaulted and victimized by the use of a weapon to threaten them, including knives and firearms.

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