Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 736 results.

  • Literature

    Van Schaak, Beth - Obstacles on the Road to Gender Justice

    Year
    2009
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Gender-Based Crimes Gender-Based Violence Genocide Actus Reus

    Reference link
    https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1028&context=jgspl
    Full reference
    Van Schaak, Beth, "Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda, an Object Lesson", in Journal of Gender, Social Policy and the Law, 2009, vol. 17, no. 2, pp. 361-406.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Van Schaak, Beth
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Valji, Nahla – Gender, Justice and Reconciliation

    Year
    2009
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Victims of Sexual Violence

    Reference link
    http://www.springer.com/de/book/9783540857532
    Full reference
    Nahla Valji, “Gender Justice and Reconciliation”, in Kai Ambos, Judith Large, Marieke Wierda (eds.), Building a Future on Peace and Justice: Studies on Transitional Justice, Peace and Development-The Nuremberg Declaration on Peace and Justice, Springer, 2009.
    Type of literature
    Chapter in Book
    Research focus
    Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict, Causality, Functionality and Logic of Conflict-related Sexual Violence, Investigation, Prosecution and Prevention of Conflict related Sexual Violence

  • Literature

    Uhlirova, Katerina - Contribution of the International Criminal Court to the Prosecution of Sexual and Gender-Based Crimes: Between Promise and Practice

    Year
    2019
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://brill.com/abstract/book/edcoll/9789004387553/BP000008.xml
    Full reference
    Katerina Uhlirova, “Contribution of the International Criminal Court to the Prosecution of Sexual and Gender-Based Crimes: Between Promise and Practice”, in Pavel Sturma, (ed.), The Rome Statute of the ICC at Its Twentieth Anniversary-Achievements and Perspectives, Brill Nijhoff, Leiden, 2019, pp. 83-105.
    Type of literature
    Chapter in 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

  • Jurisprudence judicial mechanism

    USA Supreme Court - Emmanuel Constant (“Doe v. Constant”)

    Year
    2010
    Issues
    Sentencing and Reparations
    Country
    United States of America
    Keywords
    Forced to watch Rape Forced Rape of Family Members Gang Rape Terrorism

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1116
    Type of mechanism
    Domestic court
    Name of mechanism
    US Supreme Court
    Name of accused
    Emmanuel Constant
    Charges
    Torture, crimes against humanity and the systematic use of violence against women (including rape in 2006) under the Alien Tort Statute and the Torture Victim Protection Act.
    Trial chamber verdict
    On 16 August 2006, the Court found Constant guilty of torture, crimes against humanity and the systematic use of violence against women (including rape in 2006).
    sentencing
    Appeals chamber verdict
    Constant appealed the decision to the U.S. Court of Appeals for the Second Circuit. On December 1, 2009, the Second Circuit rejected Constant’s appeal and upheld the $19 million judgment against him. Constant filed a petition for panel rehearing or rehearing en banc by the full Second Circuit Court of Appeals, which was denied on February 23, 2010. Finally, on October 4, 2010 the U.S. Supreme Court issued an order denying Constant’s petition for a writ of certiorari.
    Status
    2715
    Case number
    08-4827-cv
    Reparations / awards
    <span style="text-align: justify; line-height: 13.8px;">Constant was ordered to pay $19 million in compensatory and punitive damages to three women who survived the crimes committed under his control.</span>

  • 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

  • Jurisprudence judicial mechanism

    USA Court Martial - Lynndie R. England

    Year
    2005
    Issues
    Sexual Violence against Men Female Perpetrators of Sexual Violence
    Country
    United States of America
    Keywords
    Acts of a Sexual Nature Forced Nudity Humiliating and Degrading Treatment Prisoners of War

    Reference link
    https://trialinternational.org/latest-post/lynndie-r-england/
    Type of mechanism
    US courts-martial
    Name of mechanism
    USA Court Martial
    Name of accused
    Lynndie R. England
    Charges
    England was charged with seven counts of conspiracy, maltreatment and committing an indecent act of Iraqi prisoners, including an episode when she was photographed holding a strap tied as a leash around a naked detainee’s neck.
    Trial chamber verdict
    On 26 September 2005, England was found guilty of six out of seven counts of conspiracy, maltreatment and committing an indecent act. [Two others, including Private England’s former boyfriend Private Charles A. Graner Jr., who previously held the ranks of specialist and corporal, were convicted in trials, and the other six reached plea deals. Graner said that, at the time, he told officers about detainee maltreatment, which he claimed was done by order of military intelligence personnel. And at times, he said, military intelligence officers actually were present for the abuse.]
    sentencing
    England was sentenced to three years for her crimes and given a dishonorable discharge.
    Status
    2715

  • 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

  • Jurisprudence judicial mechanism

    US Military Commission at Yokohama - General Soemu Toyoda

    Year
    1949
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Japan
    Keywords
    Acquittal Command Responsibility

    Reference link
    http://archiveswest.orbiscascade.org/ark:/80444/xv58850
    Type of mechanism
    Military Commission
    Name of mechanism
    US Military Commission in Tokyo
    Name of accused
    General Soemu Toyoda
    Charges
    Toyoda was charged with several war crimes, including rape, under command responsibility.
    Trial chamber verdict
    Toyoda was found not guilty and acquitted on 6 September 1949.
    Status
    2715

  • Literature

    UNICEF - The Impact of Conflict on Women and Girls in West and Central Africa and the UNICEF Response

    Year
    2005
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC), Sierra Leone, Liberia, Côte d’Ivoire
    Keywords
    Armed Conflict Sexual Violence against Girls

    Reference link
    http://www.unicef.org/publications/files/Impact_final.pdf
    Full reference
    UNICEF, The Impact of Conflict on Women and Girls in West and Central Africa and the UNICEF Response, UNICEF, 2005.
    Type of literature
    Grey Literature
    Research focus
    Inequality and Discrimination against Women during Armed Conflict, Women and the Armed Conflict

  • Literature

    UN Secretary General – Women, Peace and Security

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution

    Reference link
    http://www.un.org/ruleoflaw/files/womenpeaceandsecurity.pdf
    Full reference
    UN Secretary General, Women, Peace and Security: Study submitted by the Secretary-General pursuant to Security Council resolution 1325 (2000), United Nations, New York, 2002.
    Type of literature
    Grey Literature
    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

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