Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 736 results.

  • Jurisprudence judicial mechanism

    ICC - Iraq/UK

    Issues
    Sexual Violence against Men
    Country
    Iraq, United Kingdom
    Keywords
    Forced Masturbation Genitalia Rape/Sexual Violence in Detention Preliminary Investigation

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

  • Jurisprudence judicial mechanism

    ICC - Jean-Pierre Bemba Gombo "Bemba Case"

    Country
    Central African Republic (CAR)
    Keywords
    Rape Torture Reparation

    Reference link
    http://www.icc-cpi.int/car/bemba#17
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Jean-Pierre Bemba Gombo
    Charges
    (1) Two counts of crimes against humanity namely murder and rape; and (2) Three counts of war crimes: murder, rape and pillaging
    Trial chamber verdict
    On 21 March 2016, the Trial Chamber convicted Mr Bemba for the crimes against humanity of murder and rape and the war crimes of murder, rape and pillaging committed by troops of the Mouvement de libération du Congo (“MLC”) in the Central African Republic from on or about 26 October 2002 to 15 March 2003. It found that Mr Bemba, was criminally responsible for these crimes under article 28(a) of the Statute as a result of effectively acting as a military commander and having effective control over the MLC troops.
    sentencing
    On 21 June 2016, Bemba was sentenced to 18 years of imprisonment by the Trial Chamber III. Following Mr. Bemba’s successful appeal against the decision of the Trial Chamber III, the Appeal’s Chamber dismissed Mr Bemba’s appeal against this sentence as moot.
    Appeals chamber verdict
    Mr Bemba filed an appeal against both the judgment and the sentence against him on 4 April 2016 and the appeals hearing took place from 9 to 11 January 2018. On 8 June 2018, the Appeals Chamber, by majority, concluded, that the trial of Bemba was not within the scope of the case. In a summary of its decision, the Appeals Chamber stated that: “the Trial Chamber’s conclusion that Mr Bemba failed to take all necessary and reasonable measures in response to MLC crimes in the CAR, was materially affected by errors and that Mr Bemba cannot be held criminally liable under article 28 for the crimes committed by MLC troops during the CAR operation.” The Chamber also noted in its judgment that “The Pre-Trial Chamber did not enter findings that there were substantial grounds to believe that specific acts of murder, rape and pillaging had been committed, but rather “relied on” or “drew attention, in particular” to certain events and evidence to support its overall conclusions.” Accordingly, the Chamber acquitted Jean-Pierre Bemba Gombo from the charges of war crimes and crimes against humanity.
    Status
    2715
    Case number
    ICC-01/05-01/08

  • Jurisprudence judicial mechanism

    ICC - Joseph Kony (“Joseph Kony and Vincent Otti”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    Accused at large Lord’s Resistance Army (LRA) Direct Commission

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Joseph Kony
    Charges
    The arrest warrant against Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen was initially unsealed on 13 October 2005; they are/were all commanders of the Lord’s Resistance Army (LRA) in northern Uganda, whose cases were joint (Lukwiya and Odhiambo have been removed from the case (they were not charged with sexual violence) due to their alleged deaths and Ongwen’s case has been severed from this case due to his transfer to the ICC for trial). Kony faces 33 counts of war crimes and crimes against humanity, including: - Inducing rape as a war crime (article 8(2)(e)(vi)); - Rape as a crime against humanity; - Sexual enslavement as a crime against humanity. All under Articles 25(3)(a) and 25(3)(b).
    Status
    2778
    Case number
    ICC-02/04-01/05

  • Jurisprudence judicial mechanism

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

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
    Country
    Côte d’Ivoire
    Keywords
    Indirect Co-perpetrator Post-election Violence

    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
    Laurent Gbagbo
    Charges
    Laurent Gbagbo was accused, in the warrant of arrest (unsealed on 30 November 2011) 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. The charges were confirmed against him on 12 June 2014 (with the addition that the mode of liability for rape as a crime against humanity could be under Article 25(3)(a), (b) or (d) and that the alternative crime of persecution as a crime against humanity under Article 25(3)(a), (b) or (d) also seems to include those who were raped) and on 11 March 2015, Trial Chamber I joined his case and the one of Charles Ble Goude in order to ensure the efficacy and expeditiousness of the proceedings.
    Trial chamber verdict
    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
    After the Prosecutor’s appeal, 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 - Nigeria

    Issues
    Sexual Violence against Children Socio-cultural Context of Sexual Violence
    Country
    Nigeria
    Keywords
    Forced Marriage Gender-Based Crimes Christians

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

  • Jurisprudence judicial mechanism

    ICC - Omar Hassan Ahmad Al Bashir

    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Sudan
    Keywords
    Accused at large Genocidal Rape Specific Intent

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Omar Hassan Ahmad Al Bashir
    Charges
    In the first warrant of arrest of 4 March 2009, Al Bashir was charged with crimes against humanity and war crimes, including sexual violence, namely: - Rape as a crime against humanity for the rapes of civilian women, belonging primarily to the Fur, Masalit and Zaghawa groups, were subjected to acts of rape by Government forces of Sudan. These rapes were committed, inter alia, in the towns of Bindisi and Arawala in West Darfur between August and December 2003; the town of Kailek in South Darfur in February and March 2004; and the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. On 6 July 2009, the Prosecutor appealed the decision to the extent that Pre-Trial Chamber I decided not to issue a warrant of arrest in respect of the charge of genocide, which included sexual violence. On 3 February 2010, the Appeals Chamber directed the Pre-Trial Chamber to decide anew whether or not the arrest warrant should be extended to cover the charge of genocide. Applying the standard of proof as identified by the Appeals Chamber, Pre-Trial Chamber I concluded, on 12 July 2010, that there are reasonable grounds to believe that Al Bashir acted with specific intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups. The Chamber delivered a second warrant of arrest (on 12 July 2010) against Al Bashir, considering that there are reasonable grounds to believe him responsible for three counts of genocide committed against the ethnic groups of Fur, Masalit and Zaghawa, which included charges of sexual violence, namely: - Causing serious bodily or mental harm as genocide, including subjecting, throughout the Darfur region, thousands of civilian women, belonging primarily to the Fur, Masalit and Zaghawa groups, to acts of rape by Government forces of Sudan. This included, inter alia, (i) the towns of Bindisi and Arawala in West Darfur between August and December 2003; (ii) the town of Kailek in South Darfur in February and March 2004; and (iii) the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. For both charges, Al Bashir is held criminally responsible as an indirect perpetrator, or as an indirect co-perpetrator, under article 25(3)(a) of the Statute.
    Status
    2778
    Case number
    ICC-02/05-01/09

  • Jurisprudence judicial mechanism

    ICC - Simone Gbagbo

    Issues
    Female Perpetrators of Sexual Violence
    Country
    Côte d’Ivoire
    Keywords
    Accused at large Common Purpose

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0211/related%20cases/icc02110112/Pages/index.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Simone Gbagbo
    Charges
    Simone Gbagbo is charged with four counts of crimes against humanity in the warrant of arrest (unsealed on 22 November 2012), including: - Rape and other forms of sexual violence as a crime against humanity committed during the post-election crisis from 28 November 2010 onwards by the Ivorian Defense and Security Forces, which were reinforced by youth militias and mercenaries loyal to President Gbagbo, in Abidjan, including around the Golf Hotel and elsewhere in the country. She bears individual criminal responsibility as indirect co-perpetrator under Article 25(3)(a).
    Status
    2778
    Case number
    ICC-02/11-01/12

  • Jurisprudence judicial mechanism

    ICC - Situation in Central African Republic II

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Role of Non-state Actors in Perpetrating Violence
    Country
    Central African Republic (CAR)
    Keywords
    Gang Rape Gender Jurisprudence Vulnerability Pregnant Victim Investigation

    Reference link
    https://www.icc-cpi.int/car
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Charges
    The information available provides a reasonable basis to believe that both the Seleka and the anti-balaka groups have committed crimes against humanity and war crimes, including: - Rape as a war crime (Article 8(2)(e)(vi)); - Rape as a crime against humanity; - Persecution as a crime against humanity in connection with alleged crimes of murder, rape and deportation or forcible transfer of population.
    Status
    2778
    Case number
    ICC-01/14

  • Jurisprudence judicial mechanism

    ICC - Situation in Georgia

    Country
    Georgia
    Keywords
    Investigation

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/ICC-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778
    Case number
    ICC-01/15

  • Jurisprudence judicial mechanism

    ICC - Sylvestre Mudacumura

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Accused at large

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040112/Pages/icc01040112.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Sylvestre Mudacumura
    Charges
    Mudacumura is held criminally responsible for committing war crimes from 20 January 2009 to the end of September 2010, in the context of the conflict in the Kivus (DRC), and the charges include sexual violence, namely, rape as a war crime under Article 25(3)(b) of the Rome Statute (individual criminal responsibility).
    Status
    2778
    Case number
    01/04-01/12

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