Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 721 to 730 of 736 results.

  • Literature

    ICTY - Reliving the Past

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Testimony Traumatization Victims Support, including Physical and Psychological Rehabilitation Stigmatization Witness Protection

    Reference link
    http://www.icty.org/sid/10608
    Full reference
    ICTY, "Reliving the Past", available at http://www.icty.org/sid/10608, last accessed at 04 February 2019.
    Type of literature
    Grey Literature
    Research focus
    Impacts of Sexual Violence Crimes Prosecutions
    Author
    ICTY
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    ICTY - Sreten Lukic ("Sainovic et al.; previously Milutinovic et al.")

    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability
    Country
    Former Yugoslavia
    Keywords
    Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Knowledge of the Crimes Kunarac

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Sreten Lukic
    Charges
    Lukic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Lukic was found not guilty by the Trial Chamber on 26 February 2009 for the charges stipulated above. The Trial Chamber held, with Judge Ali Nawaz Chowhan partly dissenting, that it was not established that the sexual assault charges that were proven (in Beleg and Cirez/Qirez) were reasonably foreseeable to Lukic and that he lacked knowledge of these crimes.
    sentencing
    Lukic was sentenced by the Appeals Chamber to 20 years’ imprisonment on 23 January 2014.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Lukic not guilty for committing through his participation in a JCE persecution, through sexual assaults, as a crime against humanity in Beleg, Cirez/Qirez, and Pristina/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
    Status
    2715
    Case number
    IT-05-87

  • Jurisprudence non-judicial mechanisms

    International Commission of Inquiry on Guinea

    Country
    Guinea
    Keywords
    Rape Humiliating and Degrading Treatment Forced Nudity Sexual Slavery Killings

    Reference link
    www.legal-tools.org/en/browse/record/c5939f/
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Guinea
    Status
    2715
    Findings
    On 28 September 2009, the red berets and gendarmes surrounded the stadium, blocked the exits, stormed through the main gates, fired tear gas and set about killing or wounding the demonstrators or subjecting them to sexual assault. In under two hours, hundreds of civilians had died or been seriously wounded, stripped in public and subjected to widespread sexual abuse, being unable to flee as the exits from the stadium had been blocked. The authorities then began an organized attempt to cover up the crimes and, as a result, at least 89 persons have been reported missing, some are suffering from permanent injuries, while others will be afflicted with long-term physical and mental suffering. Among the many crimes the COI confirmed (e.g. killings), it also confirmed that at least 109 women were subjected to (gang) rape and other sexual violence, including sexual mutilation and sexual slavery. Several women died of their wounds following particularly cruel sexual attacks. Women were subjected to collective rape, often involving the use of objects, in public places, and all these acts were committed over a period of less than two hours, mainly in one place, in full view and with the full knowledge of all those who were present.
    Recommendations
    On 18 December 2009, the COI recommended, <i>inter alia</i>, that the Guinean Government should be strongly urged to provide the families concerned with all relevant information on the case of persons who have disappeared, that the International Criminal Court should be asked to investigate the persons alleged to have committed crimes against humanity, that adequate reparation should be made to the victims and that targeted sanctions should be imposed against the principal perpetrators of the violations.&nbsp; <b>The COI qualified the acts committed as: (1) violations of human rights and (2) violations of international criminal law.</b> As for the violations of human rights it held that the sexual slavery to which a number of women were subjected constitutes, <i>inter alia</i>, a <i>violation of the prohibition against holding anyone in slavery or servitude </i>(Article 8 of the ICCPR). The at least 109 women who were found subjected to sexual violence were held to be grave violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, i.e. <i>torture</i> (Article 1). These acts inflicted “severe pain or suffering” in order to punish the victims for an act which they had committed (participation in a demonstration prohibited by the Government) and to intimidate them, particularly to deter them from demonstrating against the authorities in the future. The persons responsible for these acts were soldiers, gendarmes, policemen and militiamen. The latter clearly acted “at the instigation of [a public official] or with the consent or acquiescence [of a public official]” since they were operating in conjunction with the security forces which were engaged in repression. Some of these acts, such as stripping women naked in public or certain less severe types of aggression, may be categorized as <i>cruel, inhuman or degrading treatment</i>, the COI stated. These acts of sexual violence were also considered <i>violations of the Convention on the Elimination of All Forms of Discrimination against Women</i>, since they were clearly directed against women as such. As for the violations of international criminal law, the COI held that it was established that <i>crimes against humanity</i> had been committed, <i>including rape, sexual slavery and sexual violence</i>. The COI referred to the Rome Statute for the prohibition of rape and other forms of sexual violence as a crime against humanity (Article 7(1)(g)).
    Date of report / release
    1909-12-18
    Reparations / awards
    <p style="text-align:justify; line-height:115%"><span lang="EN-US">As for the reparations, specific mention was made of the victims of sexual violence. It was held that victims should receive, e.g.: </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(1) medical treatment and adequate care, in particular for the victims of sexual violence, who should be given treatment for HIV/AIDS and other sexually transmitted diseases; and </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(2) psychological counselling, particularly for victims of gender-based violence, especially rape and sexual violence.</span></p>

  • 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 non-judicial mechanisms

    International Commission of Inquiry on Syrian Arab Republic

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Syrian Arab Republic
    Keywords
    Forced Oral Sex Detention Centers Cigarette Burns Electroshock ISIS

    Reference link
    www.ohchr.org/EN/HRBodies/HRC/IICISyria/Pages/IndependentInternationalCommission.aspx
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Syrian Arab Republic
    Status
    2778
    Findings
    In its first report on 23 November 2011, the COI held that “several methods of torture, including sexual torture, were used by the military and the security forces in detention facilities across the country. Torture victims had scars and bore other visible marks. Detainees were also subjected to psychological torture, including sexual threats against them and their families and by being forced to worship President Al Assad instead of their god.” And: “several testimonies reported the practice of sexual torture used on male detainees. Men were routinely made to undress and remain naked. Several former detainees testified reported beatings of genitals, forced oral sex, electroshocks and cigarette burns to the anus in detention facilities. Several of the detainees were repeatedly threatened that they would be raped in front of their family and that their wives and daughters would also be raped. Testimonies were received from several men who stated they had been anally raped with batons and that they had witnessed the rape of boys. One man stated that he witnessed a 15-year-old boy being raped in front of his father. One 20-year-old university student told the commission that he was subjected to sexual violence in detention, adding that “if my father had been present and seen me, I would have had to commit suicide”. Another man confided while crying, “I don’t feel like a man any more”. Several women testified that they were threatened and insulted during house raids by the military and security forces. Women felt dishonored by the removal of their head scarves and the handling of their underwear during raids of their homes, which often occurred at night. Defectors from the military and the security forces indicated that they had been present in places of detention where women were sexually assaulted; the commission, however, received limited evidence to that effect. This may be due in part to the stigma that victims would endure if they came forward.” “Numerous testimonies indicated that boys were subjected to sexual torture in places of detention in front of adult men.” On the basis of the information and evidence collected, the commission has reached conclusions with regard to a number of serious violations of international human rights law. The major conclusions are summarized below. As for the sexual violence, the COI held: “Information received demonstrates patterns of continuous and widespread use of torture across the Syrian Arab Republic where protests have taken place. The pervasive nature, recurrence and reported readiness of Syrian authorities to use torture as a tool to instill fear indicate that State officials have condoned its practice. Information from military and security forces defectors indicates that they received orders to torture. The commission is particularly disturbed over the extensive reports of sexual violence, principally against men and boys, in places of detention. The commission concludes that the extensive practices of torture indicate a State sanctioned policy of repression, which manifestly violates the State’s obligations under article 7 of the International Covenant on Civil and Political Rights, the Convention against Torture, and article 37 of the Convention on the Rights of the Child. In addition, rape or other forms of sexual violence as crimes against humanity was also found to have occurred. In a preliminary report of 26 June 2012 again many instances of sexual violence are included. The COI held: “The CoI recognises the difficulties in collecting evidence in cases of sexual violence in the Syrian Arab Republic due to cultural, social and religious beliefs related to marriage and sexuality. This includes a victim’s understandable reluctance to disclose information due to the trauma, shame and stigma linked to sexual assault. Regarding one incident, the CoI was informed that the rape victim had subsequently been killed by her brother-in-law to “preserve the honor of the family”. The silence surrounding rape and other forms of sexual violence appears to have existed prior to the conflict as well. Nevertheless, interviews collected by the CoI indicate that crimes of sexual violence - against men, women and children - have continued to take place in the Syrian Arab Republic during the reporting period. The CoI conducted 23 interviews relating to allegations of sexual violence in this period, including with one victim. Information collected thus far indicates that rape and other forms of sexual violence occurred in two distinct circumstances. The first is during the searches of houses as Government forces entered towns and villages; the second, during interrogations in detention. Following the Government forces “move into the Baba Amr neighbourhood of Homs in February 2012, and the commencement of house searches, the CoI received multiple reports of rape and sexual assaults taking place. In one incident, an interviewee stated that 40-50 men stormed into the family house, destroying and stealing property as the search took place. In his testimony, he described being forced to watch as his wife and two of his daughters were raped by three of the men involved. Afterwards, he stated, he, too, was raped while his family was made to watch. In a separate incident, a soldier with the Syrian army described seeing three of his colleagues sexually assault a 15-year-old girl during a house search in Zabadani in February 2012. According to the interviewee, he attempted to prevent the assault but he was threatened and beaten by the other soldiers, so he fled. The CoI also received corroborated reports of women being forced at gunpoint to walk naked in the streets of the Karm alZeytoun neighbourhood of Homs, again in February 2012. The CoI heard from an eye-witness a report on the gang-rape of a female activist during an interrogation at the military security building in Dara’a in late May 2012. The victim was reportedly found unconscious in the streets of Dara’a two days later. The eyewitness also reported being a victim of a sexual assault during the same interrogation. The CoI has received multiple, uncorroborated reports of incidences of rape and sexual assault of men and women while detained. The fear of rape and sexual assault has restricted the freedom of movement of women and young girls and has adversely affected the right to education of female students. One girl told the CoI that, since 24 April 2012, female students in Latakia governate were not attending school due to fear of such assaults. It was also apparent to the CoI that many of the women interviewed who had sought refuge in neighbouring countries had done so because they feared sexual assault. The CoI also notes the lack of medical or psychological services available to victims who suffer sexual violence.” Rape can constitute torture and the definition of rape based on the ICC EoC is cited. The list is endless. In its 10th report which was published on 13 August 2015, the COI concluded with regard to sexual violence that: (1) Government forced have committed crimes against humanity, including rape; (2) government forces have committed gross violations of human rights and war crimes, including rape and sexual violence; (3) ISIS has committed rape, sexual slavery and sexual violence amounting to crimes against humanity; (4) ISIS has committed rape and sexual violence as war crimes. The COI recommended with regard to sexual violence as follows: (1) that all parties prohibit and prevent absolutely torture or other cruel, inhuman or degrading treatment, including sexual violence.
    Date of report / release
    1915-08-13

  • Jurisprudence judicial mechanism

    MICT - Augustin Bizimana

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape, Public

    Reference link
    http://www.unmict.org/en/cases/mict-13-39
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Augustin Bizimana
    Charges
    On the basis of the amended indictment of 17 October 2011 (made public on 4 June 2013), Bizimana is charged with the following sexual violence crimes (as alleged in paragraphs 94-114 of the indictment, including the rapes and mistreatment of Tutsi women, often in public, by members of the FAR and interahamwe on various dates and at multiple locations in Gitarama, Kigali Ville, Butare and Cyangugu prefectures). - Causing harm as genocide by raping and mistreating Tutsis. - Persecution as a crime against humanity by raping, inflicting physical and mental suffering and humiliation, thus depriving the victims of their rights not to be subjected to rape, torture, and cruel, inhumane and degrading treatment and punishment. - Rape as a crime against humanity and violation of Common Article 3 and Additional Protocol II. - Other inhumane acts and torture as crimes against humanity and cruel treatment and torture as violations of Common Article 3 and Additional Protocol II by causing serious mental and physical suffering and injury and carrying out serious attacks on human dignity. - Outrages upon personal dignity as a violation of Common Article 3 and Additional Protocol II by acts and omissions which would be generally considered to cause serious humiliation, degradation or otherwise be a serious attack on human dignity. - Complicity in genocide. Bizimana has been charged for these crimes under Article 6(1) (JCE I, JCE III, ordering, instigating, aiding and abetting) and 6(3) (command responsibility).
    Status
    2778
    Case number
    MICT-13-39

  • Jurisprudence judicial mechanism

    MICT - Protais Mpiranya

    Issues
    Sexual Violence against Children Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape with Foreign Objects Forced Nudity Desecration of Corpse

    Reference link
    http://www.unmict.org/en/cases/mict-12-02
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Protais Mpiranya
    Charges
    On the basis of the amended indictment of 3 August 2012 (made public on 4 June 2013), Mpiranya is charged with the following sexual violence crimes (as alleged in paragraphs 47-56 and 63 of the indictment, including the rapes of Tutsi women and children by soldiers of the Presidential Guard Battalion and members of the Interahamwe in the Kimihurura sector in Kigali and the desecration of Agathe Uwilingiyimana’s corpse by thrusting a bottle of soda into her vagina and leaving her naked body on display): - Genocide under Article 6(1) (JCE I) and Article 6(3) (command responsibility) [NB. It seems that only killing (Article 2(3)(a)) as genocide is charged, even though the rapes are also subsumed under the genocide charge]. - Complicity in genocide on the basis of Article 2(3)(e) (in the alternative of genocide) under Article 6(1) (JCE I) and 6(3). - Rape as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) and 6(3). - Persecution as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3). - Other inhumane acts as crimes against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3).
    Status
    2778
    Case number
    MICT-12-02

  • Jurisprudence judicial mechanism

    Military Court of South Kivu, DRC - The Kavumu Trial

    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Murder Rape Crimes Against Humanity Article 25 of the Rome Statute Acting with a Common Purpose Democratic Republic of Congo Armed Group

    Reference link
    https://trialinternational.org/wp-content/uploads/2017/12/Arr%C3%AAt-final_Kavumu_CM.pdf
    Type of mechanism
    Domestic court, Military Tribunal
    Name of mechanism
    The Military Court of South Kivu (Democratic Republic of Congo)
    Name of accused
    Frederic Rugimbanya Batumike and 19 others
    Charges
    18 of the defendants were charged with rape as a crime against humanity, murder and organization of and participation in a militia.
    sentencing
    The court sentenced 11 of the defendants, including Batumike, to life imprisonment.
    Status
    2715
    Case number
    RP0105/2017

  • Jurisprudence judicial mechanism

    Nyarugunga Primary Court, Kigali (ICTR transfer) - Bernard Munyagishari

    Issues
    Female Perpetrators of Sexual Violence
    Country
    Rwanda
    Keywords
    Ordering/Instigating Rape with Foreign Objects Interahamwe

    Reference link
    http://unictr.unmict.org/en/cases/ictr-05-89
    Type of mechanism
    Domestic court
    Name of mechanism
    Nyarugunga Primary Court, Kigali
    Name of accused
    Bernard Munyagishari
    Charges
    Munyagishari had been charged with sexual violence as follows (indictment of 9 June 2005): - Genocide or, alternatively, complicity in genocide, and rape as a crime against humanity under Article 6(1) for: (i) ordering or instigating a special corps of young Interahamwe called ‘Ntarumikwa’ to rape Tutsi women and girls (ordering or instigating); (ii) for instigating his wife Zainabou and the female group of Interahamwe she headed to sexually torture Tutsi women (instigating); and (iii) raping a young Tutsi student named Françoise during the three weeks she was held captive in his house (committing); and under Article 6(3) (command responsibility) for: (i) the rape of a young Tutsi student named Françoise by two Interahamwe under his effective control during the three weeks she was held captive in his house; and (ii) the crimes committed by his wife Zainabou and the female group of Interahamwe she headed, who were under his effective control, including sexually torturing Tutsi women, forcing iron rods into Tutsi women’s vaginas and asking Tutsi women to produce milk from their bodies.
    Status
    2778
    Case number
    MICT-12-20

  • Literature

    O’Brien - Don’t Kill Them, Let’s Choose Them as Wives...

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia, Sierra Leone, Cambodia, Germany, Japan
    Keywords
    Forced Marriage Forced Prostitution Isolation

    Reference link
    https://s3.amazonaws.com/academia.edu.documents/39739267/OBrien-_Forced_Marriage___Sexual_Slavery_IJHR_Online_First_2015.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1548934923&Signature=T6P6uzQhTF4nvzCOBvLiybBFrQk%3D&response-content-disposition=inline%3B%20filename%3DDont_kill_them_lets_choose_them_as_wive.pdf
    Full reference
    O’Brien, Melanie, "‘Don’t Kill Them, Let’s Choose Them as Wives’: The Development of the Crimes of Forced Marriage, Sexual Slavery and Enforced Prostitution in International Criminal Law", The International Journal of Human Rights, vol. 20, no. 3, 2015, pp. 1-21.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    O’Brien, Melanie
    Type of mechanism
    International Criminal Tribunal/Court, Military Tribunal, Hybrid court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY), Special Court for Sierra Leone (SCSL), Extraordinary Chambers of the Courts of Cambodia (ECCC), Nuremberg Trials, International Military Tribunal For The Far East (IMTFE)

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