Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 731 to 736 of 736 results.
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Jurisprudence non-judicial mechanisms
Peruvian Truth and Reconciliation Commission
- Country
- Peru
- Keywords
- Forced Prostitution Forced Pregnancy Forced Nudity Rape Torture
- Research focus
- Inequality and Discrimination against Women during Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- Peruvian Truth and Reconciliation Commission
- Status
- 2715
- Findings
- The TRC found that cases of sexual violence against women were significantly rarer than those of other human rights violations. As in South Africa, however, victims’ feelings of guilt and shame may have led to underreporting. Another reason for the underrepresentation was that much of the sexual violence occurred in the context of other human rights violations, such as massacres, arbitrary detentions, summary executions, and torture. Such abuses tend to overshadow cases of sexual violence, even where the sexual violence can be discerned. The TRC found no evidence of criminal prosecutions of members of the army or the police who committed sexual abuses; nor did it uncover information indicating that complaints filed by victims of sexual violence had been investigated. Sexually abused women often were discriminated against by their own communities and families. This hostile environment made it very difficult for victims to denounce the crimes.
- Recommendations
- It recommended that women who assumed leadership roles during the armed conflict should be recognized appropriately. Concerning health reparations, the TRC suggested that the state should identify the specific needs of women, especially in mental health. It also recommended that the impact of violence in families and gender relationships should be identified.
- Date of report / release
- 1903-08-28
- Reparations / awards
- The final report included a comprehensive plan of reparations (PIR) for victims of the violence. The TRC recognized the importance of the gender perspective in the PIR and the need for equal participation of men and women in its implementation. The PIR included symbolic reparations like public gestures, acts of acknowledgement, memorials, and sites of memory. The TRC urged that abuses and crimes against women should be explicitly mentioned in all such events. Finally, the TRC proposed economic reparations for victims of rape and children born as a result of rape.
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Jurisprudence non-judicial mechanisms
South African Truth and Reconciliation Commission
- Country
- South Africa
- Keywords
- Rape Threat of Rape Sexual Abuse Humiliating and Degrading Treatment
- Research focus
- Inequality and Discrimination against Women during Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- South African Truth and Reconciliation Commission
- Status
- 2715
- Findings
- There, the TRC concludes that the state was responsible for the severe ill treatment of women in custody through harassment and the deliberate withholding of medical attention, food, and water. Women were abused by the security forces in ways that specifically exploited their vulnerabilities as women, such as rape or threats of rape and other forms of sexual abuse, threats against family and children, removal of children from their care, false stories about illness or death of family members and children, and humiliation and abuse surrounding biological functions such as menstruation and childbirth.
- Recommendations
- Among their recommendations and proposals of reconciliation, the TRC stressed the importance of being sensitive to the needs of groups that have been particularly disadvantaged in the past, notably women and children. The recommendations of the final report related to specific areas in the public and private sectors that the TRC believed could assist in the consolidation of democracy, the building of a culture of human rights, and the reconciliation process. The TRC recommended, for example, that government should pay more attention to the transformation of education, the provision of shelter, access to clean water and health services, and the creation of job opportunities. It will be impossible to create a meaningful human rights culture, the TRC argued, without high priority to economic justice. Moreover, the TRC urged that human rights curricula be introduced in formal education, specialized education, and the training of law enforcement personnel. Issues such as racism, gender discrimination, conflict resolution, and the rights of children should be included in such curricula. Concerning the administration of justice, the TRC recommended training in human rights principles and issues, including gender-specific abuse and appropriate responses. It also urged that imbalances in the racial and gender composition of judges on the high court be urgently addressed and that a fast-track judicial training program be introduced for black and female advocates, attorneys, and academics who aspired to judicial appointment. The TRC also suggested that the media intensify programs of affirmative action and empowerment of women to ensure better gender balance.
- Date of report / release
- 2098-10-28
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Literature
SáCouto, Susana - Advances and Missed Opportunities...
- Issues
- Modes of Liability
- Reference link
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/mistjintl15&div=12&id=&page=
- Full reference
- SáCouto, Susana, "Advances and Missed Opportunities in the International Prosecution of Gender-Based Crimes", in Mich. St. J. Intl. L., 2007, vol. 15, pp. 137-156.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- SáCouto, Susana
- Type of mechanism
- International Criminal Tribunal/Court
-
Jurisprudence judicial mechanism
The Extraordinary African Chambers - Hissène Habré
- Country
- Senegal
- Keywords
- Rape Crimes Against Humanity Article 25 of the Rome Statute Political Leaders Chad
- Reference link
- https://www.hrw.org/sites/default/files/supporting_resources/arret_integral.pdf
- Type of mechanism
- Hybrid court
- Name of mechanism
- The Extraordinary African Chambers
- Name of accused
- Hissène Habré
- sentencing
- Habre was sentenced to life imprisonment on 27 April 2017.
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Jurisprudence non-judicial mechanisms
The Sierra Leone Truth and Reconciliation Commission
- Country
- Sierra Leone
- Keywords
- Killings Mutilation
- Research focus
- Women and the Armed Conflict
- Type of mechanism
- Truth Commission
- Name of mechanism
- The Sierra Leone Truth and Reconciliation Commission
- Status
- 2715
- Recommendations
- The TRC made specific recommendations to redress the marginalization of women in education and in political and social life. One recommendation was women’s representation in public offices and as candidates in national and local government elections. The TRC also called on communities to make special efforts to encourage acceptance of the survivors of rape and sexual violence. The Ministry of Social Welfare and Gender Affairs was urged to establish a directory of donors and service providers for women. The government as a whole was urged to provide free psychological support and reproductive health services to affected women, while relief agencies were asked to provide female ex-combatants with skills training and other assistance to advance their social reintegration. The TRC urged reforms in Sierra Leone's legal, judicial, and police systems to make it easier for women to report cases of sexual and domestic violence. Laws that linked the prosecution of sexual offences to the moral character of the complainant were to be repealed. The government was urged to harmonize the national laws of Sierra Leone with the provisions of the Rome Statute of the International Criminal Court. The TRC recommended that the government should launch a campaign to end the customary practice of compelling women and girls who have been raped to marry the offender. The TRC called on community leaders to discourage the practice of accepting monetary compensation for the crimes of rape and sexual violence as an alternative to reporting the cases for criminal prosecution. It also called for the repeal of laws and customs that discriminate against women in marriage, inheritance, divorce, and property ownership. The TRC recommended that UNICEF participate in efforts to improve women's social status, including skills training, adult education, HIV/AIDS education, abolition of harmful customary practices, and leadership programs. To enhance women's role in decision-making, the TRC recommended that political parties ensure that at least 30 percent of their candidates for public offices should be women, and that the government should work to achieve a similar ratio in the cabinet and other political posts. The TRC recommended that microcredit schemes should target female ex-combatants, internally displaced women, female heads of households, and war widows. Concerning education, the TRC recommended that the government should strive to provide free and compulsory education and to end the practice of expelling from educational institutions girls who become pregnant. The TRC highlighted the difficult situation of war widows, many of whom were barred by tradition and custom from owning property, accessing land, and inheriting property from their husbands. In certain ethnic groups, the estate of a deceased man is passed on to the closest male relative. The TRC recommended the repeal of all laws, customs, and practices that discriminate against widows and prevent them from owning or holding land.
- Date of report / release
- 1904-10-05
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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).
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