Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 5 results.
-
Jurisprudence judicial mechanism
Batavia Military Tribunal - Case of 35 Dutch 'comfort women'
- Year
- 1948
- Issues
- Sexual Violence as a Weapon of War
- Country
- Indonesia
- Keywords
- World War II Semarang Comfort Women Incident Muntilan Comfort Women Incident Sexual Slavery
- Reference link
- http://www.awf.or.jp/pdf/0205.pdf
- Type of mechanism
- Military Tribunal
- Name of mechanism
- Batavia Military Tribunal
- Name of accused
- Army Major Okada (and 12 others)
- Charges
- Forcible seizure for rape and enforced prostitution.
- Trial chamber verdict
- The Judges convicted the Japanese officers on trial for ‘forced prostitution’ as a war crime. Prosecutors did not succeed in convicting anybody in relation to the Muntilan Comfort Women Incident, which ended in acquittal.
- sentencing
- Of the 13 individuals accused in relation to the Semarang Comfort Women Incident, the Batavia Military Tribunal on 14 February 1948, sentenced Army Major Okada to death. Eleven others were sentenced to prison terms ranging from two to twenty years.
-
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.
-
Literature
Henson, Maria R. – Comfort Woman: A Filipina's Story of Prostitution and Slavery under the Japanese Military
- Year
- 2017
- Issues
- Victims of Sexual Violence
- Country
- Philippines, Japan
- Keywords
- Comfort Women Prostitution World War II History ASEAN
- Reference link
- http://iucat.iu.edu/iuk/15948394
- Full reference
- Maria R. Henson, Comfort Woman: A Filipina's Story of Prostitution and Slavery under the Japanese Military (2ed), Rowman & Littlefield, Lanham, Maryland, 2017.
- Type of literature
- Book
- Research focus
- Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict
-
Jurisprudence judicial mechanism
The Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, Japan – Comfort Women Case
- Country
- Japan
- Keywords
- Comfort Women Sexual Slavery Forced Prostitution Rape Sexual Violence against Girls Women Rights World War II
- Reference link
- http://www.asser.nl/upload/documents/DomCLIC/Docs/NLP/Japan/Comfort_Women_Judgement_04-12-2001_part_1.pdf
- Type of mechanism
- Military Tribunal
- Name of mechanism
- Women’s International Tribunal on Japanese Military Sexual Slavery
- Name of accused
- Emperor Hirohito Showa, Ando Rikichi, Hata Shunroku, Itagaki Seishiro, Kobayashi Seizo, Matsui Iwane, Umezu Yoshijiro, Terauchi Hisaichi, Tojo Hideki, Yamashita Tomoyuki, The Government of Japan
- Charges
- Participating, aiding and abetting of the Japanese army’s so called “comfort system”. This allegedly state-sanctioned system included mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories.
- Trial chamber verdict
- The Tribunal found that due to its widespread and organised structure, the “comfort system” was facilitating rape and sexual slavery of tens of thousands of girls and women and essentially qualified as state-sanctioned system of rape and enslavement. The Trial furthermore concluded that all elements of a crime against humanity had been fulfilled.The Tribunal found all nine high-ranking military and government officials, as well as Emperor Hirohito, guilty of rape and sexual slavery as crimes against humanity. Emperor Hirohito was also found guilty by way of his superior responsibility for mass rape committed at a Filipino village. The Tribunal furthermore found the Japanese government responsible for the harm inflicted by the “comfort system”.
- sentencing
- All accused were already dead by the time the trial was held.
- Status
- 2715
- Case number
- PT-2000-1-T
- Reparations / awards
- The Tribunal emphasised that while it has no power to enforce its judgment and consequently reparations and compensations, it does have moral authority, which should be enough to ensure enforcement by the national governments and the international community (paras. 1086-1088).
-
Jurisprudence judicial mechanism
US Military Commission in Manila - General Tomoyuki Yamashita
- Year
- 1945
- Issues
- Modes of Liability
- Country
- Japan
- Keywords
- Superior Responsibility Sexual Violence World War II
- Reference link
- https://supreme.justia.com/cases/federal/us/327/1/
- Type of mechanism
- Military Commission
- Name of mechanism
- US Military Commission in Manila
- Name of accused
- Tomoyuki Yamashita
- Charges
- He was charged with several war crimes, including rape, under command responsibility (as a commander he was held responsible for his subordinates), for the rape of hundreds of Filipino women. It was never alleged that he had personally committed the rapes.
- Trial chamber verdict
- On 7 December 1945, Yamashita was found guilty. The commission considered rape a war crime.
- sentencing
- Sentenced to death by hanging.
- Appeals chamber verdict
- His conviction was upheld by the US Supreme Court in 1946.
- Status
- 2715
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