Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 28 results.
  • 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

  • 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

    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

    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

    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

    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

    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

  • 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

    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.

  • 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

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