Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 736 results.

  • Jurisprudence judicial mechanism

    ICC - Afghanistan

    Country
    Afghanistan
    Keywords
    Rape Sexual Violence Enforced Disappearance

    Reference link
    http://www.icc-cpi.int/afghanistan/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

  • Jurisprudence judicial mechanism

    ICC - Ahmad Muhammad Harun (Ahmad Harun “Ahmad Huhammad Harun and Ali Muhammad Ali Abd-Al-Rahman”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sudan
    Keywords
    Accused at large Gender-Based Persecution Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Ahmad Muhammad Harun (“Ahmad Harun”)
    Charges
    In the warrant of arrest of 27 April 2007, Harun faces 42 counts of war crimes and crimes against humanity in total, among which are charges of sexual violence committed against in particular the Fur population in Darfur, namely: - Rape as a crime against humanity; - Persecution as a crime against humanity, including rape; - Rape as a war crime (article 8(2)(e)(vi)); - Outrage upon personal dignity as a war crime, including sexual violence (Article 8(2)(c)(ii)). All under Article 25(3)(d) of the Rome Statute.
    Status
    2778
    Case number
    ICC-02/05-01/07

  • Jurisprudence judicial mechanism

    ICC - Al Hassan

    Reference link
    http://www.icc-cpi.int/mali/al-hassan
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
    Charges
    (1) Crimes against humanity allegedly committed in Mali, in the context of a widespread and systematic attack against the civilian population, between April 2012 and January 2013, including rape and sexual slavery. (2) War crimes in the context of an armed conflict not of an international nature allegedly committed in Mali between April 2012 and January 2013, including rape and sexual slavery.
    Status
    2778
    Case number
    ICC-01/12-01/18

  • Jurisprudence judicial mechanism

    ICC - Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) (“Ahmad Huhammad Harun and Ali Muhammad Ali Abd-Al-Rahman”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sudan
    Keywords
    Accused at large Gender-Based Persecution Janjaweed Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)
    Charges
    In the warrant of arrest of 27 April 2007, Ali Abd-Al-Rahman faces 50 counts of war crimes and crimes against humanity in total, among which are charges of sexual violence committed against in particular the Fur population in Darfur, namely: - Rape as a crime against humanity under Article 25(3)(d); - Persecution as a crime against humanity, including rape under Article 25(3)(d); - Rape as a war crime (article 8(2)(e)(vi)) under Article 25(3)(d); - Outrage upon personal dignity in particular humiliating and degrading treatment as a war crime, including sexual violence (Article 8(2)(c)(ii)) under Article 25(3)(a).
    Status
    2778
    Case number
    ICC-02/05-01/07

  • Jurisprudence judicial mechanism

    ICC - Bangladesh/Myanmar

    Country
    Bangladesh, Myanmar
    Keywords
    Rohingya Forced Displacement

    Reference link
    http://www.icc-cpi.int/rohingya-myanmar
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

  • Jurisprudence judicial mechanism

    ICC - Bosco Ntaganda

    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence against Children Sexual Violence against Men
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Child Soldiers Children in Armed Conflict Coercion Active Participation in Hostilities Right of Ownership

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc%200104%200206/Pages/icc%200104%200206.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Bosco Ntaganda
    Charges
    Initially Ntaganda did not face charges of sexual violence and was only charged with his alleged responsibility for the war crimes of conscripting, enlisting children under the age of fifteen and using them to participate actively in hostilities, despite widespread documentation of sexual violence committed by the UPC by several international, national and local NGOs as well as UN agencies. In the Prosecution’s second warrant of arrest of 14 May 2012, which was issued by Pre-Trial Chamber II on 13 July 2012, additional charges against Ntaganda were added and included sexual violence.Ntaganda surrendered to the ICC’s custody voluntary on 22 March 2013. On 9 June 2014, Pre-Trial Chamber II unanimously confirmed charges against Ntaganda allegedly committed in 2002-2003 in the Ituri Province of the DRC, including: - Rape as a war crime (Article 8(2)(e)(vi) of the Statute); - Sexual slavery of civilians as war crimes (Article 8(2)(e)(vi) of the Statute); - Rape and sexual slavery of child soldiers as war crimes (Article 8(2)(e)(vi) of the Statute); - Rape as a crime against humanity; - Sexual slavery as a crime against humanity (see paras. 49-52; 53-57; 76-82). Ntaganda bears individual criminal responsibility pursuant to different modes of liability, namely: direct perpetration, indirect co-perpetration (article 25(3)(a) of the Statute); ordering, inducing (article 25(3)(b) of the Statute); any other contribution to the commission or attempted commission of crimes (article 25(3)(d) of the Statute); or as a military commander for crimes committed by his subordinates (article 28(a) of the Statute).
    Trial chamber verdict
    Second decision on the Defence’s challenge to the jurisdiction of the Court in respect of Counts 6 and 9, Trial Chamber VI, ICC-01/04-02/06-1707:On 1 September 2015, the Defence filed an application before the Trial Chamber of the International Criminal Court challenging the jurisdiction of the Court in respect of Counts 6, on rape of child soldiers as a war crime and count 9, regarding sexual slavery of child soldiers as a war crime. The core issue was whether rape and sexual slavery under Article 8(2) (b) (xxii) and (e)(vi) of the Rome Statute are limited to acts constituting grave breaches of the Geneva Conventions of 1949 or serious violations of Common Article 3 of the Geneva Conventions.Judges of Trial Chamber II stated on 4 January 2017 that while most of the express prohibitions of rape and sexual slavery under international humanitarian law appear in contexts protecting civilians and persons hors de combat [outside the fight] in conflict, those explicit protections do not exhaustively define or limit the scope of the protection against such conduct. Limiting the scope of protection in the manner proposed by the defense “was contrary to the rationale of international humanitarian law, which aims to mitigate the suffering resulting from armed conflict.”
    Appeals chamber verdict
    Judgment on the appeal of Mr Ntaganda against the "Second decision on the Defence’s challenge to the jurisdiction of the Court in respect of Counts 6 and 9”, Appeals Chamber, ICC-01/04-02/06-1962:The Appeals Chamber affirmed that the ICC has jurisdiction over cases in which soldiers of an armed group commit war crimes against members of the same group. The Appeals Chamber considered that “international humanitarian law not only governs actions of parties to the conflict in relation to each other, but also concerns itself with protecting vulnerable persons during armed conflict and assuring fundamental guarantees to persons not taking active part in the hostilities.” Appeals judges noted that Article 8(2)(b)(xxii) and (2)(e)(vi) of the Rome Statute does not expressly provide that the victims of rape or sexual slavery must be “protected persons” in terms of the Geneva Conventions or “persons taking no active part in the hostilities.” That meant that members of an armed group are not categorically excluded from protection against the war crimes of rape and sexual slavery when committed by members of the same armed group.
    Status
    2778
    Case number
    ICC-01/04-02/06

  • Jurisprudence judicial mechanism

    ICC - Charles Ble Goude (“Laurent Gbagbo and Charles Ble Goude”)

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Côte d’Ivoire
    Keywords
    Aiding and Abetting Ordering/Instigating Post-election Violence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0211/related%20cases/icc-02_11-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Charles Ble Goude
    Charges
    Ble Goude is accused, in the warrant of arrest (unsealed on 30 September 2013) of four counts of crimes against humanity, including: - Rape as a crime against humanity, allegedly committed in the context of post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011, as an indirect co-perpetrator pursuant to Article 25(3)(a) of the Rome Statute. In the Decision on the Confirmation of Charges of 11 December 2014, the following was confirmed: - Rape as a crime against humanity for the rape of at least 38 persons, committed by pro-Gbagbo forces. Ble Goude is responsible alternatively, as detailed below, under article 25(3)(a) (indirect co-perpetration), 25(3)(b) (ordering, soliciting or inducing), 25(3)(c) (aiding, abetting or otherwise assisting) or 25(3)(d) of the Statute: - under article 25(3)(a), (b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 22 women committed on or around 12 April 2011 in Yopougon commune, Abidjan; - under article 25(3)(b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 16 women and girls committed between 16 and 19 December 2010 during and after the pro-Ouattara march heading to the RTI headquarters.
    Trial chamber verdict
    On 11 March 2015, Trial Chamber I joined his case and the one of Laurent Gbagbo in order to ensure the efficacy and expeditiousness of the proceedings. On 23 July 2018, Defence Counsel filed a “No case to answer motion” (“the Motion”) on grounds that the Prosecution had not adduced sufficient evidence to sustain a conviction. Following this motion, the Trial Chamber I of the ICC by majority, on 15 January 2019, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d'Ivoire in 2010 and 2011. The Chamber concluded after assessing the evidence that the Prosecutor had not furnished the court with sufficient evidence to establish the requisite elements for establishing the liability of Mr Gbagbo and Mr. Blé for the crimes charged.
    Appeals chamber verdict
    Following an appeal by the Prosecutor, the Appeals chamber amended the conditions of release, although it stuck to the previous decision to acquit the accused from all charges. On 1 February 2019, the Appeals Chamber pronounced the conditions for the release of Mr Gbagbo and Mr Blé Goudé to a State that is willing to accept them on its territory and willing and able to enforce the conditions set by the Chamber and amended them on 21 February 2019.
    Status
    2778
    Case number
    ICC-02/11-01/15

  • Jurisprudence judicial mechanism

    ICC - Colombia

    Issues
    Sexual Violence against Children Sexual Violence against Men Sexual Violence as a Weapon of War
    Country
    Colombia
    Keywords
    Crimes of Honor HIV Sexual Orientation Terrorism Threat of Rape Spoil of War Investigation Preliminary Investigation

    Reference link
    https://www.icc-cpi.int/colombia
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Charges
    Status
    2778
    Findings
    The Prosecution has determined that the information available provides a reasonable basis to believe that crimes against humanity have been committed in the situation in Colombia by different actors, since 1 November 2002, including rape and other forms of sexual violence as crimes against humanity. The Prosecution also held that there is a reasonable basis to believe that war crimes under article 8 of the Statute have been committed in the situation in Colombia since 1 November 2009, including rape and other forms of sexual violence under article 7(1)(g) of the Statute and rape and other forms of sexual violence under article 8(2)(e)(vi). The FARC, the ELN and paramilitaries have been held responsible for the commission of various forms of sexual violence, including: rape; torture and sexual mutilation; forced prostitution and sexual slavery; and other forms of sexual violence. Targeted victims of sexual violence include women and girls who have been forcibly recruited; women whose relatives are members of armed groups or are viewed as having contacts with members of an opposing group; women obstructing forced recruitment of their sons and daughters, particularly by the FARC and the paramilitaries; women belonging to indigenous communities; men and women whose sexual orientation or gender identity is questioned; alleged carriers of sexually transmissible diseases such as HIV/AIDS; women members of human rights organizations and activists; women who refuse to obey instructions of the FARC. Amnesty International identified the following motives behind the commission of sexual violence by armed groups: to sow terror within communities to ease military control; to force people to flee to facilitate acquisition of territory; to wreak revenge on adversaries; to accumulate trophies of war; to exploit victims as sexual slaves; to injure the “enemy’s honor.” According to the First Survey on the Prevalence of Sexual Violence against Women in the Context of the Colombian Armed Conflict 2001-2009, victims of some types of sexual violence were assaulted and victimized by the use of a weapon to threaten them, including knives and firearms.

  • Jurisprudence judicial mechanism

    ICC - Dominic Ongwen

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    Forced Marriage Severance of Charges Enslavement Amended Indictment Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/ICC-02_04-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Dominic Ongwen
    Charges
    The arrest warrant of 2005 does not charge Ongwen with sexual violence crimes. However, the Prosecution formally requested, on 24 September 2015, to bring additional charges against Ongwen, including sexual and gender based crimes. The confirmation of charges hearing is schedule for 26 January 2016 and then the Chamber will decide upon this request. The additional sexual and gender based crimes brought against Ongwen include: - Forced marriage, an inhumane act of a character similar to the acts set out in articles 7(1)(a)-(j), as a crime against humanity, pursuant to articles 7(1)(k), and 25(3)(a), or (b)or(d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a crime against humanity, pursuant to articles 7(1)(f) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a war crime, pursuant to articles 8(2)(c)(i) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a crime against humanity, pursuant to articles 7(1) (g) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a crime against humanity, pursuant to articles 7(1)(g) and25(3)(a), or (b)or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; and - Enslavement as a crime against humanity, pursuant to articles 7(1)(c) and25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005 (see paras. 32-35 of Public redacted version of “Notice of intended charges against Dominic Ongwen”, 18 September 2015, ICC-02/04-01/15-305-Conf).
    Status
    2778
    Case number
    ICC-02/04-01/15

  • Jurisprudence judicial mechanism

    ICC - Guinea

    Country
    Guinea
    Keywords
    Sexual Mutilation Preliminary Investigation

    Reference link
    https://www.icc-cpi.int/guinea
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

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