Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 28 results.
-
Literature
Wood, Elisabeth J. - Conflict-related Sexual Violence and the Policy...
- Year
- 2014
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://www.icrc.org/en/download/file/12237/irrc-894-wood.pdf
- Full reference
- Wood, Elisabeth Jean, "Conflict-related Sexual Violence and the Policy Implications of Recent Research", in 96(894) International Review of the Red Cross, 2014, vol. 96, no. 894, pp. 457-478.
- Type of literature
- Journal Article
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Wood, Elisabeth J.
-
Literature
Viseur-Sellers, Patricia - (Re) Considering Gender Jurisprudence
- Year
- 2018
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Reference link
- http://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199300983.001.0001/oxfordhb-9780199300983-e-17?rskey=WuLrl1&result=1
- Full reference
- Patricia Viseur Sellers, “(Re)Considering Gender Jurisprudence”, in Fionnuala Ní Aoláin, Naomi Cahn, Dina Francesca Haynes, and Nahla Valji (eds.), The Oxford Handbook of Gender and Conflict, Oxford University Press, 2018, pp. 211.224.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Viseur-Sellers, Patricia
-
Jurisprudence judicial mechanism
USA Court of Appeals for the Sixth Circuit - Steven D. Green (“Al-Mahmudiyah massacre”)
- Year
- 2011
- Issues
- Sexual Violence against Children
- Country
- United States of America
- Keywords
- Rape War Crimes Child Sex Abuse/Molestation Children under 15 Children in Armed Conflict Civilian Gang Rape
- Reference link
- http://www.internationalcrimesdatabase.org/Case/1197
- Type of mechanism
- Domestic court
- Name of mechanism
- USA Court of Appeals for the Sixth Circuit
- Name of accused
- Steven D. Green
- Charges
- Green was charged with several crimes of murder and aggravated sexual abuse (of a child) under the Military Extraterritorial Jurisdiction Act (MEJA).
- Trial chamber verdict
- On 7 May 2009, the jury found him guilty of rape and murder.
- sentencing
- Green received a life sentence without parole on 4 September 2009. he persuambly committed suicide and was found dead in his prison on 18 February 2014. [Of the four other soldiers involved in the crimes, three pleaded guilty in court-martial proceedings: Spc. James P. Barker and Sgt. Paul E. Cortez were sentenced to 90 and 100 years respectively, while Pfc. Bryan L. Howard, who had prior knowledge of the plans, was sentenced to 27 months in jail. The fourth, Pfc. Jesse V. Spielman, was convicted by a military jury and sentenced to 110 years.]
- Appeals chamber verdict
- The US Court of Appeals upheld his conviction on 16 August 2011.
- Status
- 2715
- Case number
- 09-6108/6123
-
Literature
Sharratt, Sara – Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals
- Year
- 2011
- Issues
- Victims of Sexual Violence
- Reference link
- http://www.routledge.com/Gender-Shame-and-Sexual-Violence-The-Voices-of-Witnesses-and-Court-Members/Sharratt/p/book/9781409419990
- Full reference
- Sara Sharratt, Gender, Shame and Sexual Violence: The Voices of Witnesses and Court Members at War Crimes Tribunals, Ashgate, Surrey, 2011.
- Type of literature
- Book
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Sexual Violence Data Collection
-
Literature
Russel-Brown, Sherrie L. - Rape as an Act of Genocide
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Genocidal Rape Akayesu War Crimes
- Reference link
- https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1241&context=bjil
- Full reference
- Russell-Brown, Sherrie L., "Rape as an Act of Genocide", in Berkeley Journal of International Law, 2003, vol. 21, no. 2, pp. 350-374.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Russell-Brown, Sherrie L.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
-
Literature
Moshan, Brook S. - Women, War, and Words...
- Year
- 1998
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://pdfs.semanticscholar.org/b222/525366f03084fb524513e54a5194b6ea81f0.pdf
- Full reference
- Moshan, Brook Sari, "Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity", in Fordham International Law Journal, 1998, vol. 22, no.1, pp. 154-183.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Moshan, Brook S.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Jurisprudence non-judicial mechanisms
International Commission of Inquiry on Libya
- Country
- Libya
- Keywords
- War Crimes Attack against a Civilian Population Sexual Violence
- Reference link
- www.ohchr.org/EN/HRBodies/HRC/Pages/OIOL.aspx
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Type of mechanism
- Commission of Inquiry
- Name of mechanism
- International Commission of Inquiry on Libya
- Status
- 2715
- Findings
- On 15 June 2011 the Commission submitted a report to the Human Rights Council setting out its findings. The Council extended the mandate of the Commission in light of the extensive and on-going allegations of abuses. It requested the Commission to provide a second report at the Council’s nineteenth session in March, 2012. In its first report of 15 June 2011, the COI held with regard to sexual violence: “The commission received, but was unable to verify, individual accounts of rape. It notes, however, that sufficient information was received to justify further investigation to ascertain the extent of sexual violence, including whether cases were linked to incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact and have spread fear among the population. Given the allegations that rape was committed as part of a policy to spread such fear, further investigation would be warranted.” And: “The commission has found that there have been many serious violations of international humanitarian law committed by Government forces amounting to “war crimes”. (…) Further investigation would also be required in relation to whether children under 15 years of age were conscripted into or enlisted in armed forces or groups, or used them to participate actively in hostilities, as well as into allegations of rape during the conflict.” In conclusion on sexual violence, the COI said: “ The Commission received but was unable to verify individual accounts of rape. However, the Commission notes there was sufficient information received to justify further investigation to ascertain the extent of sexual violence including whether cases were linked to incitement by the command of either side. It is evident that the reports of the rapes have had a major psychological and social impact and have spread fear among the population. Given accounts that rape was committed as part of a policy to spread such fear, further investigation would be warranted.” And: “Sexual violence is an area which requires further investigation to ascertain the extent of these violations, including whether cases were linked to incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact, spreading fears amongst the population. Given the sensitive nature of the subject, the Commission considers it important that further investigation employ specifically tailored methodologies which take into account the stigmatization of sexual violence.” However, at one point, the COI stated: “the commission has found that there have been acts constituting murder, imprisonment, other forms of severe deprivation of physical liberty in violation of fundamental rules of international law, torture, persecution, enforced disappearance and sexual abuse that were committed by Government forces as part of a widespread or systematic attack against a civilian population with knowledge of the attack. Such acts fall within the meaning of “crimes against humanity”.” On 8 March 2012, the COI found additional violations including unlawful killing, individual acts of torture and ill-treatment, attacks on civilians, and rape (committed by the Qadhafi forces). On sexual violence it held specifically: “The prevailing culture of silence, the lack of reliable statistics, the evident use of torture to extract confessions, and the political sensitivity of the issue combine to make this issue the most difficult one for the Commission to investigate. The Commission found that sexual violence occurred in Libya and played a significant role in provoking fear in various communities. The Commission established that sexual torture was used as a means to extract information from and to humiliate detainees. The Commission did not find evidence to substantiate claims of a widespread or a systematic attack, or any overall policy of sexual violence against a civilian population. The information received is, however, sufficient to justify further investigation to ascertain the extent of sexual violence.”
- Recommendations
- In its recommendations, the COI gave three specific recommendations that applied to victims of sexual violence: “(j) Establish appropriate gender-sensitive psychological, medical, legal and social support services throughout the country; recruit and train female investigators and encourage and support the establishment of civil society organizations to provide support to victims of sexual violence; (k) Establish public awareness campaigns through the media in support of victims of sexual violence; and (t) Establish programs for the training for all officials including judicial, police, military and prison officials in international human rights law, in particular specialized training for the handling of sexual violence cases.” For the rest of the recommendations, see the report.
- Date of report / release
- 1912-03-08
-
Jurisprudence judicial mechanism
ICTY - Milivoj Petkovic (“Prlic et al.”)
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- War Crimes HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milivoj Petkovic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
- Trial chamber verdict
- Petkovic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Petkovic was sentenced to 20 years’ imprisonment by the Trial Chamber, and the Appeals Chamber confirmed this sentence on 29 November 2017.
- Appeals chamber verdict
- On 29th November 2017, the Appeals Chamber in its judgment granted Petkovic’s appeal in part, although it affirmed the sentence of 20 years of imprisonment against him.
- Status
- 2715
- Case number
- IT-04-74
-
Jurisprudence judicial mechanism
ICTY - Jadranko Prlic (“Prlic et al.”)
- Year
- 2013
- Issues
- Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Sexual Violence Inhuman Treatment War Crimes Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Jadranko Prlic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes [add factual incidents for this case and co-accused].
- Trial chamber verdict
- Prlic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Prlic was sentenced to 25 years’ imprisonment on 29 May 2013.
- Appeals chamber verdict
- The Appeals Chamber on 29 November 2017 confirmed the convictions and charges by the Trial Chamber.
- Status
- 2715
- Case number
- IT-04-74
-
Jurisprudence judicial mechanism
ICTY - Bruno Stojic (“Prlic et al.”)
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- War Crimes Inhuman Treatment Imprisonment HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Bruno Stojic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
- Trial chamber verdict
- Stojic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Stojic was sentenced to 20 years’ imprisonment on 29 May 2013.
- Appeals chamber verdict
- The Appeals Chamber confirmed the charges and convictions made by the Trial Chamber on 29 November 2017.
- Status
- 2715
- Case number
- IT-04-74
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