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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