Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 23 results.
-
Literature
Wood, Elisabeth J. - Variation in Sexual Violence during War
- Year
- 2006
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- http://www.sscnet.ucla.edu/polisci/cpworkshop/papers/Wood.pdf
- Full reference
- Wood, Elisabeth Jean, "Variation in Sexual Violence during War", in Politics and Society, 2006, vol. 34, no. 3, pp. 307-342.
- Type of literature
- Journal Article
- Research focus
- Perpetrators and Prevention
- Author
- Wood, Elisabeth J.
-
Literature
Ward, Jeanne and Marsh, Mendy - Sexual Violence against Women and Girls in War...
- Year
- 2006
- Issues
- Socio-cultural Context of Sexual Violence
- Country
- Former Yugoslavia, Rwanda
- Keywords
- Rape Torture Armed Conflict Media
- Reference link
- http://www.operationspaix.net/DATA/DOCUMENT/1045~v~Sexual_Violence_Against_Women_and_Girls_in_War_and_Its_Aftermath___Realities_Responses_and_Required_Resources.pdf
- Full reference
- Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, United Nations Population Fund (UNFPA), 2006.
- Type of literature
- Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Ward, Jeanne and Marsh, Mendy
-
Literature
Solangon, Sarah and Patel, Preeti - Sexual Violence Against Men...
- Year
- 2012
- Issues
- Sexual Violence against Men
- Reference link
- https://www.tandfonline.com/doi/abs/10.1080/14678802.2012.724794
- Full reference
- Solangon, Sarah, and Preeti Patel, "Sexual Violence Against Men in Countries Affected by Armed Conflict", in Conflict, Security & Development, 2012, vol. 12, no. 4, pp. 417-442.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Solangon, Sarah and Patel, Preeti
-
Literature
Pilch, Frances T. - Rape as Genocide...
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia, Sierra Leone
- Keywords
- Torture Women-friendly Institution NGO
- Reference link
- http://genderandsecurity.org/projects-resources/research/rape-genocide-legal-response-sexual-violence
- Full reference
- Pilch, Frances T., Rape as Genocide: The Legal Response to Sexual Violence, Working paper, The Center for Global Security and Democracy, Rutgers University, New Brunswick, NJ, 2002.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Pilch, Frances T.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL)
-
Jurisprudence non-judicial mechanisms
Peruvian Truth and Reconciliation Commission
- Country
- Peru
- Keywords
- Forced Prostitution Forced Pregnancy Forced Nudity Rape Torture
- Research focus
- Inequality and Discrimination against Women during Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- Peruvian Truth and Reconciliation Commission
- Status
- 2715
- Findings
- The TRC found that cases of sexual violence against women were significantly rarer than those of other human rights violations. As in South Africa, however, victims’ feelings of guilt and shame may have led to underreporting. Another reason for the underrepresentation was that much of the sexual violence occurred in the context of other human rights violations, such as massacres, arbitrary detentions, summary executions, and torture. Such abuses tend to overshadow cases of sexual violence, even where the sexual violence can be discerned. The TRC found no evidence of criminal prosecutions of members of the army or the police who committed sexual abuses; nor did it uncover information indicating that complaints filed by victims of sexual violence had been investigated. Sexually abused women often were discriminated against by their own communities and families. This hostile environment made it very difficult for victims to denounce the crimes.
- Recommendations
- It recommended that women who assumed leadership roles during the armed conflict should be recognized appropriately. Concerning health reparations, the TRC suggested that the state should identify the specific needs of women, especially in mental health. It also recommended that the impact of violence in families and gender relationships should be identified.
- Date of report / release
- 1903-08-28
- Reparations / awards
- The final report included a comprehensive plan of reparations (PIR) for victims of the violence. The TRC recognized the importance of the gender perspective in the PIR and the need for equal participation of men and women in its implementation. The PIR included symbolic reparations like public gestures, acts of acknowledgement, memorials, and sites of memory. The TRC urged that abuses and crimes against women should be explicitly mentioned in all such events. Finally, the TRC proposed economic reparations for victims of rape and children born as a result of rape.
-
Literature
Oosterveld, Valerie - Sexual Violence Directed against Men and Boys...
- Year
- 2014
- Issues
- Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1109&context=lawpub
- Full reference
- Oosterveld, Valerie, "Sexual Violence Directed against Men and Boys in Armed Conflict or Mass Atrocity: Addressing a Gendered Harm in International Criminal Tribunals", in Journal of international Law & International Relations, 2014, vol. 10, pp. 107-128.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Oosterveld, Valerie
-
Literature
Mouthaan, Solange - Sexual Violence against Men and International Law...
- Year
- 2013
- Issues
- Sexual Violence against Men
- Reference link
- https://brill.com/abstract/journals/icla/13/3/article-p665_4.xml
- Full reference
- Mouthaan, Solange, "Sexual Violence against Men and International Law - Criminalising the Unmentionable", in International Criminal Law Review, 2013, vol. 13, no. 3, pp. 665-695.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Mouthaan, Solange
-
Literature
Kaitesi, Usta and Haveman, Roelof - Prosecution of Genocidal Rape and Sexual Torture....
- Year
- 2011
- Country
- Rwanda
- Keywords
- Rape Genocidal Rape Torture Rape, Torture Fair Trial
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Kaitesi, Usta and Roelof Haveman, "Prosecution of Genocidal Rape and Sexual Torture before the Gacaca Tribunals in Rwanda", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 385-409.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Kaitesi, Usta and Haveman, Roelof
- Type of mechanism
- Domestic court
- Name of mechanism
- Gacaca Court
-
Jurisprudence judicial mechanism
ICTY - Milojica Kos (Kvocka et al. "Omarska, Keraterm & Trnopolje Camps")
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Sexual Slavery Forced Nudity Inhuman Treatment Akayesu Torture Forced Prostitution Joint Criminal Enterprise (JCE) Kunarac Rape
- 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
- Milojica Kos
- 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. - 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.
- Trial chamber verdict
- Kos was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity Kos 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
- sentencing
- Kos was sentenced to 6 years’ imprisonment on 2 November 2001.
- Appeals chamber verdict
- No appeal in this case.
- Status
- 2715
- Case number
- IT-98-30/1
-
Jurisprudence judicial mechanism
ICTY - Milan Simic (“Bosanski Samac”)
- Year
- 2002
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Rape/Sexual Violence in Prison Torture Genitalia Penis Castration
- Reference link
- http://www.icty.org/cases/party/751/4
- Full reference
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milan Simic
- Charges
- - Torture as a crime against humanity for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic’s penis and for concurrently firing gunshots over his head. - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(1) for kicking four non-Serb prisoners in the genitals, namely Hasan Bicic, Muhamed Bicic, Perica Mišic and Ibrahim Salkic, while gunshots were fired above their heads and for forcing Safet Hadžialijagic to pull down his pants, while one of the men accompanying Milan Simic brandished a knife and threatened to cut off Safet Hadžialijagic’s penis and the other assailants were challenging and exhorting the man wielding the knife to cut off Safet Hadžialijagic's penis and for concurrently firing gunshots over his head (same acts as for which the conviction for torture as a crime against humanity was based on). - Persecution as a crime against humanity under Article 7(1) for the same acts.
- Trial chamber verdict
- Simic entered a guilty plea on 15 May 2002 and was found guilty by the Trial Chamber of: - Torture as a crime against humanity As Simic entered a guilty plea to torture as a crime against humanity only, the other sexual violence charges were withdrawn. Simic was therefore found not guilty of: - Inhumane acts as crimes against humanity and cruel treatment as a violation of the laws or customs of war as a war crime - Persecution as a crime against humanity
- sentencing
- Simic received a sentence of 5 years’ imprisonment by the Trial Chamber on 17 October 2002.
- Status
- 2715
- Case number
- IT-95-9/2
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