Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 6 results.

  • Literature

    Fink, Naureen Chowdhury and Davidian, Alison - Complementarity and Convergence? Women, Peace and Security and Counterterrorism

    Year
    2018
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-13?rskey=xQNR0j&result=1
    Full reference
    Naureen Chowdhury Fink and Alison Davidian, “Complementarity and Convergence? Women, Peace and Security and Counterterrorism”, in Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca Haynes, and Nahla Valji (eds.), The Oxford Handbook of Gender and Conflict, Oxford University Press, 2018, pp. 157-170.
    Type of literature
    Chapter in Book
    Research focus
    Perpetrators and Prevention
    Author
    Fink, Naureen C. and Davidian, Alison

  • Literature

    Human Rights Watch - Flawed Justice

    Year
    2017
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Iraq
    Keywords
    Terrorism Counterterrorism ISIS Rape Sexual Violence

    Reference link
    http://www.hrw.org/report/2017/12/05/flawed-justice/accountability-isis-crimes-iraq#
    Full reference
    Human Rights Watch, “Flawed Justice-Accountability for ISIS Crimes in Iraq”, available at www.hrw.org/report/2017/12/05/flawed-justice/accountability-isis-crimes-iraq, last accessed at 07 March 2019.
    Type of literature
    Grey Literature
    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
    Author
    Human Rights Watch

  • 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.

  • Jurisprudence judicial mechanism

    ICTY - Dragan Nikolic (“Susica Camp”)

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Camp Rape/Sexual Violence in Detention Detention Centers Terrorism Aiding and Abetting

    Reference link
    http://www.icty.org/cases/party/754/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragan Nikolic
    Charges
    Persecution as a crime against humanity under Article 7(1) (committing) for the persecution of Muslim and non-Serb detainees at the Sušica camp by participating in sexual violence directed at women at the Sušica camp and by subjecting detainees to an atmosphere of terror, which included sexual violence.- Rape as a crime against humanity under Article 7(1) (aiding and abetting) for facilitating the removal of female detainees from the hangar, which he knew was for purposes of rapes committed by camp guards, special forces, local soldiers and other men and by encouraging these rapes.
    Trial chamber verdict
    Nikolic entered a guilty plea to all charges in the indictment on 4 September 2003. Nikolic was found guilty by the Trial Chamber of: - Persecution as a crime against humanity - Rape as a crime against humanity
    sentencing
    Nikolic was sentenced by the Trial Chamber to 20 years’ imprisonment on 4 February 2005.
    Status
    2715
    Case number
    IT-94-2

  • Jurisprudence judicial mechanism

    SCSL - Issa Hassan Sesay (Sesay et al. "RUF")

    Year
    2009
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Forced Marriage Consent Terrorism AFRC Joint Criminal Enterprise (JCE) RUF

    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
    Issa Hassan Sesay
    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 a war crime 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 a war crime under Article 6(1) (direct responsibility) (JCE) for sexual violence crimes committed in Koidu Town, Bumpeh, Tombodu, Penduma, Bomboafuidu, Sawao and Wendedu in Kono District and in locations in Kailahun District.
    Trial chamber verdict
    Sesay 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 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
    sentencing
    Sesay was sentenced to 52 years’ imprisonment on 26 October 2009.
    Appeals chamber verdict
    The convictions concerning sexual violence were upheld by the Appeals Chamber on 26 October 2009.
    Status
    2715
    Case number
    SCSL-04-15

  • Jurisprudence judicial mechanism

    USA Supreme Court - Emmanuel Constant (“Doe v. Constant”)

    Year
    2010
    Issues
    Sentencing and Reparations
    Country
    United States of America
    Keywords
    Forced to watch Rape Forced Rape of Family Members Gang Rape Terrorism

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1116
    Type of mechanism
    Domestic court
    Name of mechanism
    US Supreme Court
    Name of accused
    Emmanuel Constant
    Charges
    Torture, crimes against humanity and the systematic use of violence against women (including rape in 2006) under the Alien Tort Statute and the Torture Victim Protection Act.
    Trial chamber verdict
    On 16 August 2006, the Court found Constant guilty of torture, crimes against humanity and the systematic use of violence against women (including rape in 2006).
    sentencing
    Appeals chamber verdict
    Constant appealed the decision to the U.S. Court of Appeals for the Second Circuit. On December 1, 2009, the Second Circuit rejected Constant’s appeal and upheld the $19 million judgment against him. Constant filed a petition for panel rehearing or rehearing en banc by the full Second Circuit Court of Appeals, which was denied on February 23, 2010. Finally, on October 4, 2010 the U.S. Supreme Court issued an order denying Constant’s petition for a writ of certiorari.
    Status
    2715
    Case number
    08-4827-cv
    Reparations / awards
    <span style="text-align: justify; line-height: 13.8px;">Constant was ordered to pay $19 million in compensatory and punitive damages to three women who survived the crimes committed under his control.</span>

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