Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 7 results.

  • Literature

    Brounéus, Karen - Truth-telling as Talking Cure?...

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Traumatization Ill-health Isolation Reconciliation Threat of Rape

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/31492293/Truth_telling_as_talking_cure.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1549288178&Signature=BwJCSyshVzcy%2BTqL%2FHe0s4nrHCs%3D&response-content-disposition=inline%3B%20filename%3DTruth-Telling_as_Talking_Cure_Insecurity.pdf
    Full reference
    Brounéus, Karen, "Truth-telling as Talking Cure? Insecurity and Retraumatization in the Rwandan Gacaca Courts", in Security Dialogue, 2008, vol. 39, no. 1, pp. 55-76.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Brounéus, Karen
    Type of mechanism
    Domestic court
    Name of mechanism
    Gacaca Court

  • 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 - Mlado Radic (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Forced Nudity Joint Criminal Enterprise (JCE) Attempted Rape Threat of Rape Forced to watch Rape Forced Prostitution Akayesu Kunarac

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Mlado Radic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (JCE) for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp. - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp. - Torture as a crime against humanity, rape as a crime against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the rape of Witness K, the attempted rape of Witness J and the threat of rape or other forms of sexual violence committed against Witness F, Zlata Cikota and Sifeta Sušic in Omarska camp.
    Trial chamber verdict
    Radic was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity - Torture as a violation of the laws or customs of war as a war crime Radic was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime - Torture as a crime against humanity, - Rape as a crime against humanity and - Outrages upon personal dignity as a violation of the laws or customs of war as a war crime
    sentencing
    Radic received a sentence of 20 years’ imprisonment on 28 February 2005.
    Appeals chamber verdict
    The conviction was upheld by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Muhammad Azzawi Ali al-Marsumi ("Saddam Hussein Al Majeed et al.")

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Iraq
    Keywords
    Acquittal Stigmatization Threat of Rape Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Muhammad Azzawi Ali al-Marsumi
    Charges
    Al-Marsumi was indicted (on 31 July 2005) for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, 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, al-Marsumi was acquitted on the request of the Prosecution (all the other co-accused in this case were convicted, including six for sexual violence).
    Status
    2715
    Case number
    1/E First/2005

  • Literature

    Nowrojee, Binaifer - “Your Justice is Too Slow”...

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Prosecution Survivor Responsibility Threat of Rape Witness

    Reference link
    http://www.unrisd.org/80256B3C005BCCF9/(httpAuxPages)/56FE32D5C0F6DCE9C125710F0045D89F/$file/OP10%20Web.pdf
    Full reference
    Nowrojee, Binaifer, “'Your Justice is Too Slow' Will the ICTR Fail Rwanda’s Rape Victims?", Occasional Paper 10, United Nations Research Institute for Social Development, 2005.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Nowrojee, Binaifer
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence non-judicial mechanisms

    South African Truth and Reconciliation Commission

    Country
    South Africa
    Keywords
    Rape Threat of Rape Sexual Abuse Humiliating and Degrading Treatment

    Research focus
    Inequality and Discrimination against Women during Armed Conflict
    Type of mechanism
    Truth Commission
    Name of mechanism
    South African Truth and Reconciliation Commission
    Status
    2715
    Findings
    There, the TRC concludes that the state was responsible for the severe ill treatment of women in custody through harassment and the deliberate withholding of medical attention, food, and water. Women were abused by the security forces in ways that specifically exploited their vulnerabilities as women, such as rape or threats of rape and other forms of sexual abuse, threats against family and children, removal of children from their care, false stories about illness or death of family members and children, and humiliation and abuse surrounding biological functions such as menstruation and childbirth.
    Recommendations
    Among their recommendations and proposals of reconciliation, the TRC stressed the importance of being sensitive to the needs of groups that have been particularly disadvantaged in the past, notably women and children. The recommendations of the final report related to specific areas in the public and private sectors that the TRC believed could assist in the consolidation of democracy, the building of a culture of human rights, and the reconciliation process. The TRC recommended, for example, that government should pay more attention to the transformation of education, the provision of shelter, access to clean water and health services, and the creation of job opportunities. It will be impossible to create a meaningful human rights culture, the TRC argued, without high priority to economic justice. Moreover, the TRC urged that human rights curricula be introduced in formal education, specialized education, and the training of law enforcement personnel. Issues such as racism, gender discrimination, conflict resolution, and the rights of children should be included in such curricula. Concerning the administration of justice, the TRC recommended training in human rights principles and issues, including gender-specific abuse and appropriate responses. It also urged that imbalances in the racial and gender composition of judges on the high court be urgently addressed and that a fast-track judicial training program be introduced for black and female advocates, attorneys, and academics who aspired to judicial appointment. The TRC also suggested that the media intensify programs of affirmative action and empowerment of women to ensure better gender balance.
    Date of report / release
    2098-10-28

  • Jurisprudence judicial mechanism

    SPSC in East Timor - Francisco Soaeres

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Consent Threat of Rape Sexual Intercourse Physical Invasion Militia Rome Statute

    Reference link
    http://www.worldcourts.com/un_etta/eng/decisions/2002.09.12_Prosecutor_v_Soares.pdf
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Francisco Soaeres
    Charges
    Soaeres was indicted on 15 May 2001 for one count of rape, but rape as a domestic offence on the basis of section 9 of UNTAET Regulation 2000/15 (‘For the purposes of the present regulation, the provisions of the applicable Penal Code in East Timor shall, as appropriate, apply’) and Article 285 of the Indonesian Penal Code (‘Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, be punished by a maximum imprisonment of twelve years’). Soaeres was held to have travelled, on the morning of 12 September 1999, to the 744 Battalion Base and took victim X with him in order to transport her to Dili. Instead of going there he took X to Useleo Beach, where he proceeded to have sexual intercourse with X twice and then returned her to the Base. The Defense raised the issue of consent, which the victim denied.
    Trial chamber verdict
    On 12 September 2002, the Special Panel for Serious Crimes convicted Soaeres of rape.
    sentencing
    On 12 September 2002, the Special Panel for Serious Crimes sentenced him to 4 years’ imprisonment.
    Status
    2715
    Case number
    14/2001

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