Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 21 results.
  • Literature

    Henry, Nicola - Witness to Rape...

    Year
    2009
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Traumatization Psychological Impact Cross-examination Reparation Testimony

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/36675346/IJTJ-2009-Henry-114-34.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1549294721&Signature=kyarWOCKSW0LQZypqF9lqkO24t8%3D&response-content-disposition=inline%3B%20filename%3DWitness_to_rape_the_limits_and_potential.pdf
    Full reference
    kuwert p Henry, Nicola, "Witness to Rape: The Limits and Potential of International War Crimes Trials for Victims of Wartime Sexual Violence", 3inThe International Journal of Transitional Justice, 2009, vo. 3, pp. 114-134.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Henry, Nicola
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    Higher Regional Court of Stuttgart - Ignace Murwanashyaka (“Murwanashyaka and Musoni”)

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Socio-cultural Context of Sexual Violence
    Country
    Democratic Republic of Congo (DRC), Germany
    Keywords
    Withdrawal of Charges Child Soldiers Gang Rape Traumatization Vulnerability

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Higher Regional Court of Stuttgart
    Name of accused
    Ignace Murwanashyaka
    Charges
    Murwanashyaka was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
    sentencing
    On 28 September 2015, Murwanashyaka was convicted for the remaining charges and received a sentence of 13 years in prison.
    Status
    2715

  • Jurisprudence judicial mechanism

    Higher Regional Court of Stuttgart - Straton Musoni (“Murwanashyaka and Musoni”)

    Year
    2015
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC), Germany
    Keywords
    Withdrawal of Charges Vulnerability Traumatization Gang Rape Child Soldiers

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Higher Regional Court of Stuttgart
    Name of accused
    Straton Musoni
    Charges
    Musoni was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
    sentencing
    On 28 September 2015, Musoni was convicted for the remaining charges and received a sentence of 8 years in prison.
    Status
    2715

  • Literature

    Human Rights Center Berkeley - Bearing Witness at the International Criminal Court

    Year
    2014
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions

    Reference link
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3230513
    Full reference
    Human Rights Center Berkeley, Bearing Witness at the International Criminal Court: An Interview Survey of 109 Witnesses, June 2014.
    Type of literature
    Grey Literature
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Human Rights Center Berkeley
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court

  • Literature

    ICTY - Reliving the Past

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Testimony Traumatization Victims Support, including Physical and Psychological Rehabilitation Stigmatization Witness Protection

    Reference link
    http://www.icty.org/sid/10608
    Full reference
    ICTY, "Reliving the Past", available at http://www.icty.org/sid/10608, last accessed at 04 February 2019.
    Type of literature
    Grey Literature
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    ICTY
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Josse, Evelyne - "They Came with Two Guns": The Consequences of Sexual Violence for the Mental Health of Women in Armed Conflicts

    Year
    2010
    Issues
    Victims of Sexual Violence

    Reference link
    http://www.icrc.org/en/international-review/article/they-came-two-guns-consequences-sexual-violence-mental-health-women
    Full reference
    Evelyne Josse, “’They Came with Two Guns’: The Consequences of Sexual Violence for the Mental Health of Women in Armed Conflicts”, in International Review of the Red Cross, 2010, vol. 92, no. 877, pp. 177-195.
    Type of literature
    Journal Article
    Research focus
    Women and the Armed Conflict

  • Literature

    Kaitesi, Usta - Genocidal Gender and Sexual Violence...

    Year
    2013
    Issues
    Sexual Violence against Men Female Perpetrators of Sexual Violence Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Forced Rape of Animals Testimony Traumatization Sexual Violence against Men/Boys Silence

    Reference link
    https://intersentia.com/en/genocidal-gender-and-sexual-violence.html
    Full reference
    Kaitesi, Usta, Genocidal Gender and Sexual Violence: The Legacy of the ICTR, Rwanda’s Ordinary Courts and Gacaca Courts, Intersentia, Cambridge/Antwerp/Portland, 2013.
    Type of literature
    Book
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Kaitesi, Usta
    Type of mechanism
    International Criminal Tribunal/Court, Domestic court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), Gacaca Court

  • Literature

    Koos, Carlo - Decay or Resilience?: The Long-Term Social Consequences of Conflict-Related Sexual Violence in Sierra Leone

    Year
    2018
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Sierra Leone
    Keywords
    Feminism Consequences Traumatization Resilience

    Reference link
    https://www.cambridge.org/core/journals/world-politics/article/decay-or-resilience/9D4D475978A821DD8CEAA35C5982E09E
    Full reference
    Carlo Koos, “Decay or Resilience?: The Long-Term Social Consequences of Conflict-Related Sexual Violence in Sierra Leone”, in World Politics, 2018, pp. 1-45.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Koos, Carlo

  • Literature

    TRIAL International - Compensating Survivors in Criminal Proceedings

    Year
    2016
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations Victims of Sexual Violence
    Country
    Bosnia Herzegovina
    Keywords
    Armed Conflict Rape Compensation Access to Justice Traumatization

    Reference link
    http://trialinternational.org/wp-content/uploads/2016/11/TRIAL-International_compensation-publication_EN_web.pdf
    Full reference
    Delbyck, Kyle, “Compensating Survivors in Criminal Proceedings: Perspectives from the Fields-A report by TRIAL International in Bosnia and Herzegovina”, available at trialinternational.org/wp-content/uploads/2016/11/TRIAL-International_compensation-publication_EN_web.pdf, last accessed at 07 March 2019.
    Type of literature
    Grey Literature
    Research focus
    Sexual Violence Data Collection, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes, Obstacles to Establish Accountability for Sexual Violence Crimes

  • Literature

    TRIAL International - Rape Myths in Wartime Sexual Violence Trial

    Year
    2017
    Issues
    Victims of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
    Country
    Bosnia Herzegovina
    Keywords
    Traumatization Stigmatization Access to Justice Armed Conflict Sexual Violence

    Reference link
    http://trialinternational.org/wp-content/uploads/2018/01/20180112-TRIAL-Rape-Myths-ENG-WEB.pdf
    Full reference
    Kyle Delbyck, Rape Myths in Wartime Sexual Violence Trial-Transferring the Burden from Survivor to Perpetrator, TRIAL International, Sarajevo, 2017.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence

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