Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 28 results.
  • Literature

    Aafjes, Astrid and Goldstein, Anne T. – Gender Violence: The Hidden War Crime

    Year
    1998
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://genderandsecurity.org/projects-resources/research/gender-violence-hidden-war-crime
    Full reference
    Astrid Aafjes, Anne T. Goldstein, Gender Violence: The Hidden War Crime, Women, Law & Development International, Washington, 1998.
    Type of literature
    Book
    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

  • Literature

    Aydelott, Danise - Mass Rape During War...

    Year
    1993
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Bosnia Herzegovina
    Keywords
    Rape as a Weapon of War Mass Rape Genocide International Criminal Law War Crimes

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/emint7&div=24&id=&page=
    Full reference
    Aydelott, Danise, "Mass Rape During War: Prosecuting Bosnian Rapists Under International Law", in Emory International Law Review, 1993, vol. 7, pp. 585-631.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Aydelott, Danise

  • Literature

    Borch, Fred L. - Military Trials of War Criminals in the Netherlands East Indies 1946-1949

    Year
    2017
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Netherlands, Indonesia, Japan
    Keywords
    Forced Prostitution War Crimes World War II

    Reference link
    https://global.oup.com/academic/product/military-trials-of-war-criminals-in-the-netherlands-east-indies-1946-1949-9780198777168?cc=de&lang=en&
    Full reference
    Fred L. Borch, Military Trials of War Criminals in the Netherlands East Indies 1946-1949, Oxford University Press, 2017.
    Type of literature
    Book
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Borch, Fred L.

  • 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) - Zrinko Pincic

    Year
    2013
    Issues
    Sexual Violence as a Weapon of War
    Country
    Bosnia Herzegovina
    Keywords
    Coercion HVO Soldiers International Convention Rape Rape as a Weapon of War Serb Civilians War Crimes

    Reference link
    http://www.internationalcrimesdatabase.org/Case/934
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zrinko Pincic
    Charges
    Pincic was charged on 26 June 2008 (confirmation indictment) with war crimes against civilians, including rape pursuant to Article 173(1)(e) (“coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape)”), under Article 180(1) (individual criminal responsibility) of the Criminal Code of Bosnia and Herzegovina. In the village of Donje Selo, Konjic Municipality, Pincic used to come armed, at night time, to a house where Serb civilians were detained. Pincic allegedly repeatedly took one female person from the room where other civilians were detained, and forced her to sexual intercourse, holding his rifle by the bed and threatening her that he would bring 15 soldiers and that she would then see what would then happen to all of them.
    Trial chamber verdict
    On 28 November 2008 the Court pronounced the first-instance verdict finding Pincic guilty of war crimes against civilians, including rape.
    sentencing
    Pincic was sentenced to 9 years’ imprisonment in addition to 6 years' imprisonment following the Appellate Panel's new decision.
    Appeals chamber verdict
    The Appellate Panel upheld the trial verdict on 16 April 2010. On 27 December 2013 the Appellate Panel found Pincic guilty for the criminal offence of war crimes against civilians, including rape, under Article 142(1) of the Criminal Code of SFRY (another prohibition)and Pincic was sentenced to 6 years’ imprisonment (this new decision had to do with the established violation of the applicant’s right under Article 7(1) of the European Convention; retroactive application of the Criminal Code of BiH).
    Status
    2715
    Case number
    X-KRŽ-08/502

  • Literature

    De Brouwer, Anne-Marie and Kaitesi, Usta - Sexual Violence

    Year
    2016
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Female Perpetrators of Sexual Violence Sexual Violence against Men
    Country
    Rwanda
    Keywords
    War Crimes Genocidal Rape Dead Animal Prosecution

    Reference link
    https://www.elgaronline.com/view/edcoll/9781784711696/9781784711696.00015.xml
    Full reference
    De Brouwer, Anne-Marie and Usta Kaitesi, "Sexual Violence", in Anne-Marie de Brouwer and Alette Smeulers (eds.), Elgar Companion to the International Criminal Tribunal for Rwanda (ICTR), Edward Elgar Publishing 2016, pp. 171-201.
    Type of literature
    Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    De Brouwer, Anne-Marie and Kaitesi, Usta
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Dembour, Marie-Bénédicte and Haslam, Emily - Silencing Hearings? Victim-Witnesses...

    Year
    2004
    Issues
    Sentencing and Reparations
    Country
    Former Yugoslavia
    Keywords
    Prosecution Testimony Denial Silence War Crimes

    Reference link
    http://www.ejil.org/pdfs/15/1/336.pdf
    Full reference
    Dembour, Marie-Bénédicte and Emily Haslam, "Silencing Hearings? Victim-Witnesses at War Crimes Trials", in EJIL, 2004, vol. 15, no. 1, pp. 151-177.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Dembour, Marie-Bénédicte and Haslam, Emily
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Goldstein, Anne T. - Recognizing Forced Impregnation as a War Crime...

    Year
    1993
    Issues
    Definitions/Elements of Sexual Violence Crimes

    Reference link
    https://www.worldcat.org/title/recognizing-forced-impregnation-as-a-war-crime-under-international-law-a-special-report-of-the-international-program/oclc/32804993?referer=di&ht=edition
    Full reference
    Goldstein, Anne T., Recognizing Forced Impregnation as a War Crime Under International Law, The Center for Reproductive Law and Policy, 1993.
    Type of literature
    Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Goldstein, Anne T.

  • Literature

    Horn, Rebecca et al. - Testifying in an International War Crimes Tribunal...

    Year
    2009
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sierra Leone
    Keywords
    Testimony Cross-examination Witness War Crimes Psychosocial Support

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/43380105/Testifying_in_an_International_War_Crime20160304-5871-1n791dg.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1549296326&Signature=NQw01Ufu7Hjp0OVtEQQpoCaDR%2F8%3D&response-content-disposition=inline%3B%20filename%3DTestifying_in_an_International_War_Crime.pdf
    Full reference
    Horn, Rebecca, Simon Charters and Saleem Vahidy, "Testifying in an International War Crimes Tribunal: The Experience of Witnesses in the Special Court for Sierra Leone", in The International Journal of Transnational Justice, 2009, vol. 3, pp. 135-149.
    Type of literature
    Journal Article
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    Horn, Rebecca; Vahidy, Saleem and Charters, Simon
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Court for Sierra Leone (SCSL)

  • Literature

    Human Rights Center Berkeley - The Victims’ Court?...

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC), Uganda, Kenya, Côte d’Ivoire
    Keywords
    War Crimes Victims Support for Crimes Involving Sexual or Gender Violence Victims Support, including Physical and Psychological Rehabilitation Reparation Survivor

    Reference link
    https://cloudfront.escholarship.org/dist/prd/content/qt6v00x9jf/qt6v00x9jf.pdf
    Full reference
    Human Rights Center Berkeley, The Victims’ Court? A Study of 622 Victim Participants at the International Criminal Court, 20 November 2015.
    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

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