Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 23 results.
  • Literature

    Amicus Curiae Human Rights Center et al. - International Experts...

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Chad
    Keywords
    Forced Prostitution Sexual Slavery Inhuman Treatment Torture Rape, Outrages upon Personal Dignity Principle of Legality Criminalization

    Reference link
    https://www.law.berkeley.edu/wp-content/uploads/2015/04/MICUS-CURIAE-BRIEF-OF-THE-HUMAN-RIGHTS-CENTER-AT-THE-UNIVERSITY-OF-CALIFORNIA-BERKELEY-SCHOOL-OF-LAW-AND-INTERNATIONAL-EXPERTS-ON-SEXUAL-VIOLENCE-UNDER-INTERNATIONAL-CRIMINAL-LAW-Eng.pdf
    Full reference
    Amicus Curiae Human Rights Center, University of California, Berkeley, School of Law, and International Experts on Sexual Violence under International Criminal Law, "Rape and other forms of sexual violence as crimes against humanity, war crimes, and torture under customary international law", A filing before the Extraordinary African Chambers seated at the Court of Appeals, Dakar, Senegal, 8 December 2015.
    Type of literature
    Grey Literature
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Amicus Curiae Human Rights Center
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Literature

    Amnesty International et al. - Monitoring and Investigating...

    Year
    2000
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Role of Non-state Actors in Perpetrating Violence

    Reference link
    https://www.codesria.org/IMG/pdf/sexual.pdf?887/...
    Full reference
    Amnesty International and Codesria, Monitoring and Investigating Sexual Violence, Amnesty International Dutch Section and African Books Collective, 2000.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Amnesty International and Codesria

  • Literature

    Askin, Kelly D. - A Decade of the Development of Gender Crimes...

    Year
    2004
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    NGO Torture Enslavement Sexual Violence against Men/Boys Rape with Foreign Objects

    Reference link
    https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=1370&context=hrbrief
    Full reference
    Askin, Kelly D, "A Decade of the Development of Gender Crimes in International Courts and Tribunals: 1993 to 2003", in Human Rights Brief, 2004, vol. 11, no. 3, pp. 16-19.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Askin, Kelly D.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Center of Human Rights and Humanitarian Law - Gender Perspectives on Torture: Law and Practice

    Year
    2018
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://www.wcl.american.edu/impact/initiatives-programs/center/documents/gender-perspectives-on-torture/
    Full reference
    Center of Human Rights and Humanitarian Law, Gender Perspectives on Torture: Law and Practice, Washington College of Law, 2018.
    Type of literature
    Book
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Askraba Dordislav

    Country
    Bosnia Herzegovina
    Keywords
    Rape Sexual Violence Enforced Disappearance Rape Camps Torture Rape as a Weapon of War War Crimes Crimes Against Humanity

    Reference link
    http://www.sudbih.gov.ba/predmet/2463/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Ratko Bundalo, Nedo Zeljaja, Dordislav Askraba
    Charges
    Ratko Bundalo and Nedo Zeljaja were charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:a) depriving another person of his life (murder),b) extermination,d) deportation or forcible transfer of population,e) imprisonment,f) torture,g) sexual violence, andk) other inhumane acts,in conjunction with Article 173 (1) (c), (e) and (f) of the CC BiH, all in conjunction with Article 180 (1) of the CC BiH.Dordislav Askraba is charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the CC BiH in conjunction with the following items:a) depriving another person of his life (murder),e) imprisonment,f) torture, andk) other inhumane actsin conjunction with Article 180 (1) of CC BiH.
    Trial chamber verdict
    On 21 December 2009, the Trial Panel reached the first-instance verdict finding the accused, Ratko Bundalo and Nedo Zeljaja guilty of crimes against humanity. The accused Ratko Bundalo was sentenced to 19 years of imprisonment, the accused Nedo Zeljaja was sentenced to 15 years of imprisonment, and the accused Dordislav Askraba was acquitted on all counts of the Indictment.
    sentencing
    The Trial Chamber sentenced Ratko Bundalo to 19 years of imprisonment and Nedo Zeljaja to 15 years of imprisonment. The Appeals Chamber found Dordislav Askraba guilty of war crimes and sentenced him to 7 years’ imprisonment.
    Appeals chamber verdict
    On 18 April 2012, the Panel of the Appellate pronounced the second instance verdict finding the accused Dordislav Askraba guilty of war crimes against civilians, committed in the manner described in the operative provision of the verdict, in violation of Article 142(1) of the Criminal Code of SFRY as adopted pursuant to the Law on Application of the Criminal Code of Bosnia and Herzegovina and the Criminal Code of the Socialist Federative Republic of Yugoslavia, in conjunction with Articles 22 and 24 of the same Code. The verdict sentenced the accused to imprisonment of 7 years.Following new appeals by the of Prosecutor's Office of Bosnia and Herzegovina and Defense Counsel for the Accused Dordislav Askraba, the Appeals Chamber upheld the second-instance verdict on 18 June 2013.
    Status
    2715
    Case number
    S1 1 K 005159 11 Kzz

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Milisavljevic Predrag et al.

    Country
    Bosnia Herzegovina
    Keywords
    Enforced Disappearance Rape Torture Military Perpetrator Crimes Against Humanity

    Reference link
    http://www.sudbih.gov.ba/predmet/3013/show
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Milisavljevic Predrag, Pantelic Milos, Tasic Ljubomir
    Charges
    Crimes Against Humanity pursuant to Article 172 CC BiH, in conjunction with Article 180(1) CC of BiH.
    Trial chamber verdict
    On 28 October 2018, the Trial Panel of the Section I for War Crimes of the Court of Bosnia and Herzegovina found Predrag Milisavljevic and Milos Pantelic guilty of crimes against humanity in violation of Article 172(1) (h) as read with (a) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The Accused were sentenced to imprisonment of 20 years each. Predrag Milisavljevic was furthermore acquitted of the charges of crimes against humanity in violation of Article 172(1)(h), as read with (f) and (g) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina, all in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina. Milos Pantelic was also acquitted of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (e), (f), (h) and (k) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The trial Chamber acquitted Predrag Milisavljevic, Milos Pantelic and Ljubomir Tasic of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (d) and (e) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina.
    sentencing
    The Trial Chamber sentenced Predrag Milisavljevic to 20 years imprisonment and acquitted Ljubomir Tasic of all charges. The Appeals Chamber sentenced Milos Pantelic to 15 years imprisonment.
    Appeals chamber verdict
    On 23 July 2015, the Appellate Division Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina sent out the second-instance verdict of 2 June 2015 in the case of Predrag Milisavljevic et al., which, in their entirety, refused the appeals filed by the Prosecutor's Office of Bosnia and Herzegovina and by defense counsel for the accused Predrag Milisavljevic. The appeal filed by defense counsel for the accused Milos Pantelic was however, partly granted. Milos Pantelic, concerning the criminal offense of crimes against humanity, was accordingly sentenced to 15 (fifteen) years of imprisonment. The remaining part of the first-instance verdict was upheld.
    Status
    2715
    Case number
    S1 1 K 011128 12 Krz

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Radovan Stankovic

    Year
    2007
    Issues
    Sexual Violence against Children Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Detention Centers Rape/Sexual Violence in Detention Torture Forced to watch Rape Incitement

    Reference link
    http://www.internationalcrimesdatabase.org/Case/3259
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Radovan Stankovic
    Charges
    Stankovic was charged (on 3 March 2003 as amended on 8 December 2003) with crimes against humanity, including rape (Articles 172(1)(c), (e), (f) and (g) of the Criminal Code of BiH) for having set up a detention centre for (often under aged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labor and sexual intercourse.
    Trial chamber verdict
    On 14 November 2006, the Court of BiH found Stankovic guilty for crimes against humanity, including enslavement, imprisonment, torture and rape for: (i) Establishing a detention centre (“Karaman’s House”), detaining at least nine female persons and inciting soldiers to rape them; (ii) Compelling detainees to forced labor, inside and outside of the detention center; (iii) Repeatedly raping a detainee, compelling her to forced labor at several locations and having her witness him raping her under aged sister; (iv) Raping a detainee at another detention centre. Stankovic was sentenced to sixteen years’ imprisonment.
    sentencing
    The Appellate Panel increased the sentence from 16 to 20 years' imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. he was then sentenced to another two Year' imprisonment for using force while escaping.
    Appeals chamber verdict
    The prosecution appealed against the sentence of 16 years’ imprisonment and the acquittal of one of the charges (forcibly taking a female patient from a hospital in Foca and raping her). Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. On 28 March 2007, the Appellate Panel left intact the entire verdict, though it raised the sentence to 20 years’ imprisonment.
    Status
    2715
    Case number
    X-KRZ-05/70

  • Literature

    Eriksson Baaz, Maria and Stern, Maria - The Complexity of Violence: A critical Analysis...

    Year
    2010
    Issues
    Sexual Violence as a Weapon of War Sexual Violence against Men
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Torture Execution Forced Recruitment Gender-Based Violence Sexual Violence against Men/Boys

    Reference link
    http://www.peacewomen.org/assets/file/Resources/NGO/vaw_thecomplexityofviolence_nordicafrica-sida_2010.pdf
    Full reference
    Baaz, Maria Eriksson and Maria Stern, The Complexity of Violence: A Critical Analysis of Sexual Violence in the Democratic Republic of Congo (DRC), Sida, 2010.
    Type of literature
    Grey Literature
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Eriksson Baaz, Maria and Stern, Maria

  • Literature

    Ferstman, Carla - Reparations for Sexual and other Gender-Based Violence

    Year
    2018
    Issues
    Sentencing and Reparations

    Reference link
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3121510
    Full reference
    Carla Ferstman, “Reparations for Sexual and other Gender-Based Violence”, in Gender Perspectives on Torture: A Compilation, American University Washington College of Law’s Center for Human Rights and Humanitarian Law, 2018, pp. 19-32.
    Type of literature
    Chapter in Book
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Ferstman, Carla

  • Literature

    Human Rights Watch - Silenced and Forgotten...

    Year
    2014
    Country
    Nepal
    Keywords
    Killings Torture Rape Human Rights Abuses/Violations Maoist

    Reference link
    https://www.hrw.org/report/2014/09/23/silenced-and-forgotten/survivors-nepals-conflict-era-sexual-violence
    Full reference
    Human Rights Watch, Silenced and Forgotten: Survivors of Nepal’s Conflict-Era Sexual Violence, 23 September 2014.
    Type of literature
    Grey Literature
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Human Rights Watch
    Type of mechanism
    Domestic court

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