Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • Literature

    Collins, Victoria E. – State Crime, Women and Gender

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
    Country
    Afghanistan, United States of America
    Keywords
    State Responsibility Military Perpetrator International Criminal Law Conflict-related Sexual Violence

    Reference link
    http://www.taylorfrancis.com/books/9781317690221
    Full reference
    Victoria E. Collins, State Crime, Women and Gender, Routledge, London, 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, Sexual Violence Data Collection

  • Jurisprudence judicial mechanism

    IACtHR - Raquel Marti de Mejía v. Peru

    Year
    1996
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Peru
    Keywords
    Discrimination Definition of Rape Outrages upon Personal Dignity Right to an Effective Remedy State Responsibility Rape, Torture Private Life

    Reference link
    http://cidh.org/annualrep/95eng/Peru10970.htm
    Type of mechanism
    Regional court
    Name of mechanism
    Inter-American Court of Human Rights
    Status
    2715
    Findings
    The IACHR acknowledged that rape could rise to the level of torture, an aggravated form of inhumane treatment, which is prohibited by Article 5(2) of the ACHR. The Court held that rape constitutes torture, in line with the United Nations Convention Against Torture and Other Cruel, Inhumane and Degrading Treatment or Punishment, if the rape was: “1) an intentional act through which physical and mental pain and suffering is inflicted on a person; 2) committed with a purpose; and 3) committed by a public official or by a private person acting at the instigation of the former.” As to the case of Mejía, the IACtHR established that rape as torture had been committed against her: “Raquel Mejía was a victim of rape, which caused her physical and mental pain and suffering (…) [She] was raped with the aim of punishing her personally and intimidating her (…) [T]he man who raped [her] was a member of the security forces.” The IACtHR thus concluded that the rape of Mejía amounted to torture and since an official of the Peruvian state perpetrated the rape, the IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation. In addition, the IACtHR also emphasized that rape not only constitutes a severe violation of Article 5 of the ACHR, but also amounts to a violation of Article 11 of the ACHR (the right to privacy by safeguarding the right to have “honor respected” and “dignity recognized”). The IACtHR explained that it “considers that sexual abuse (…) implies a deliberate outrage to [the victim’s] dignity. In this respect, it becomes a question that is included in the concept of “private life”. The IACtHR concluded that the offender abrogated Mejía’s right to privacy when he raped her. It attributed responsibility for the Article 11 violations to the Peruvian state because a public official perpetrated the rape and encouraged Peru to hold the offenders accountable. Lastly, the IACtHR held that Peru’s failure to act with due diligence in guaranteeing Mrs. Mejía’s right to an effective judicial recourse for the human rights violations she and her husband, Mr. Mejía, suffered constituted a violation of Articles 1(1) (Right to non-discrimination), 8(1) (Right to due process), and 25 (Right to an effective recourse) of the ACHR.
    Case number
    Case 10.970
    Reparations / awards
    The IACtHR attributed responsibility for the rape to Peru. The IACtHR urged Peru to punish the perpetrators and pay the victim fair compensation.

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