Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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Author Entry Title Type of data Country Name of mechanism Full reference Date of publication Dates of mechanism (from) Dates of mechanism (to) Name of case Case number Name of accused Reference link Date of closure Date of report / release Date of additional report(s) Description Findings Charges Trial Chamber Verdict Appeals Chamber Verdict Reparations / Awards Recommendations (Legal) Significance Issues Keywords Research Focus Type of Literature Type of mechanism Core Crimes Specific crimes Modes of liability Perpetrators Characteristics of perpetrators and victims Outcome

ICTR - Jean-Paul Akayesu

Jurisprudence judicial mechanism

Year:
2001
Country:
Rwanda
Issues:
Definitions/elements of sexual violence crimes Sexual violence as a weapon of war
Keywords:
Forced nudity Aiding and abetting Ordering/instigating Sexual violence as genocide Rape as crime against humanity
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Status:
Closed/Completed
Name of accused:
Jean-Paul Akayesu
Description:

Akayesu was the bourgmestre (mayor) of Taba commune in Gitarama prefecture.

Charges:

- Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting);

- Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting).

- Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting).

- Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime

Trial Chamber Verdict:

Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal:

- Rape as a crime against humanity

- Other inhumane acts as crimes against humanity

- Causing serious bodily or mental harm as genocide

 

Akayesu was found not guilty by the Trial Chamber of:

- Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.

 

 

Appeals Chamber Verdict:

The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).

Sentencing:

Akayesu received a single sentence of life imprisonment (for genocide he had received a sentence of life imprisonment; for rape as a crime against humanity 15 years’ imprisonment; and other inhumane acts as crimes against humanity 10 years’ imprisonment).

(Legal) Significance:

(1) the first conviction for sexual violence as genocide and rape as a crime against humanity under international criminal law;

(2) the first definition of rape and sexual violence under international criminal law: “rape is a physical invasion of a sexual nature, committed on a person under circumstances which are coercive. Sexual violence, which includes rape, is any act of a sexual nature which is committed on a person under circumstances which are coercive. Sexual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact”;

(3) interpretation of ‘causing serious bodily or mental harm’ and ‘imposing measures intended to prevent births within the group’ as genocide.

Reference link:

ICTR-96-4

%%% %%%ICTR - Jean-Paul Akayesu%%% %%%Jurisprudence judicial mechanism%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%% 2001 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%Jean-Paul Akayesu%%% %%%

ICTR-96-4

%%%
%%%01-06-01%%%

Akayesu was the bourgmestre (mayor) of Taba commune in Gitarama prefecture.

- Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting);

- Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting).

- Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting).

- Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime

Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal:

- Rape as a crime against humanity

- Other inhumane acts as crimes against humanity

- Causing serious bodily or mental harm as genocide

 

Akayesu was found not guilty by the Trial Chamber of:

- Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.

 

 

The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).

(1) the first conviction for sexual violence as genocide and rape as a crime against humanity under international criminal law;

(2) the first definition of rape and sexual violence under international criminal law: “rape is a physical invasion of a sexual nature, committed on a person under circumstances which are coercive. Sexual violence, which includes rape, is any act of a sexual nature which is committed on a person under circumstances which are coercive. Sexual violence is not limited to physical invasion of the human body and may include acts which do not involve penetration or even physical contact”;

(3) interpretation of ‘causing serious bodily or mental harm’ and ‘imposing measures intended to prevent births within the group’ as genocide.

%%%Definitions/elements of sexual violence crimes%%%Sexual violence as a weapon of war%%% %%%Forced nudity%%%Aiding and abetting%%%Ordering/instigating%%%Sexual violence as genocide%%%Rape as crime against humanity%%% %%% %%% %%%International Criminal Tribunal/Court%%% %%%War crimes%%%Genocide%%%Crimes against humanity%%% %%%Rape%%%Cruel/inhumane/humiliating/degrading treatment%%%Serious bodily or mental harm%%% %%%Individual criminal responsibility%%% %%%Government official%%% %%%Male perpetrator%%%Female victim%%% %%%Conviction/crimes against humanity%%%Conviction/genocide%%%Acquittal/war crime%%%

Ahram - Sexual Violence and the Making of ISIS

Literature

Year:
2015
Country:
Syria, Iraq
Issues:
Sexual violence as a weapon of war
Keywords:
ISIS Masculinity Sexual Enslavement Hierarchy Right of ownership
Author:
Ahram, Ariel I.
Full reference:

Ahram, Ariel I., Sexual Violence and the Making of ISIS, 57(3) Survival (2015) 57-78.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

ISIS deploys sexual violence in ways that mirror the states it is trying to supplant. In a broader sense, the violence of the Islamic State – sexual and nonsexual – is part of its effort to construct alternative institutions of protection and public services. ISIS already functions more or less like a state within its territory. ISIS uses sexual violence to construct a distinctive form of hyper-masculine Islamic state. Its hyper-masculinity is intertwined with Sunni fundamentalist, supremacist ideology, and the attendant notion of ethno-sectarian hierarchy. Sexual violence helps to subordinate and degrade Shi’ites, Alawites, Yazidis, Christians and other groups ISIS deems enemies, infidels and apostates. Placed into sexual slavery, captured women and girls become, in effect, breeding stock. Sexual violence also reinforces bonds among Sunni Muslims, turning the motley crew of true believers, opportunists, thugs and outright sociopaths into networks that form the upper levels of the embryonic Islamic State. In addition to describing the sexual violence committed by ISIS, the author puts forward some policies that can help mitigate the extent of the damage wrought by sexual violence.

(Legal) Significance:

 

 

%%%Ahram, Ariel I.%%% %%%Ahram - Sexual Violence and the Making of ISIS%%% %%%Literature%%% %%%Syria%%%Iraq%%% %%%

Ahram, Ariel I., Sexual Violence and the Making of ISIS, 57(3) Survival (2015) 57-78.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

ISIS deploys sexual violence in ways that mirror the states it is trying to supplant. In a broader sense, the violence of the Islamic State – sexual and nonsexual – is part of its effort to construct alternative institutions of protection and public services. ISIS already functions more or less like a state within its territory. ISIS uses sexual violence to construct a distinctive form of hyper-masculine Islamic state. Its hyper-masculinity is intertwined with Sunni fundamentalist, supremacist ideology, and the attendant notion of ethno-sectarian hierarchy. Sexual violence helps to subordinate and degrade Shi’ites, Alawites, Yazidis, Christians and other groups ISIS deems enemies, infidels and apostates. Placed into sexual slavery, captured women and girls become, in effect, breeding stock. Sexual violence also reinforces bonds among Sunni Muslims, turning the motley crew of true believers, opportunists, thugs and outright sociopaths into networks that form the upper levels of the embryonic Islamic State. In addition to describing the sexual violence committed by ISIS, the author puts forward some policies that can help mitigate the extent of the damage wrought by sexual violence.

 

 

%%%Sexual violence as a weapon of war%%% %%%ISIS%%%Masculinity%%%Sexual Enslavement%%%Hierarchy%%%Right of ownership%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Male perpetrator%%%Female victim%%%Minor victim%%% %%%

Baaz et al. - The Complexity of Violence: A critical Analysis...

Literature

Year:
2010
Country:
Democratic Republic of Congo (DRC)
Issues:
Sexual violence as a weapon of war Sexual violence against men
Keywords:
Torture Execution Forced recruitment Gender-Based Violence Sexual violence against men/boy
Author:
Baaz, Maria Eriksson and Maria Stern
Full reference:

Baaz, Maria Eriksson and Maria Stern, The Complexity of Violence: A Critical Analysis of Sexual Violence in the Democratic Republic of Congo (DRC), Sida, 2010.

Type of Literature:
Report
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This report aims at contributing to a better understanding of the circumstances in which sexual violence is committed in the DRC. In doing so, the report underscores the complexity of GBV and the problems inherent in one-sided explanations and a singular focus on SGBV as separate from other forms of violence. One of the main lessons learned from the DRC is the danger of a singular focus on sexual violence. While other types of violence and abuse - executions, torture, arbitrary arrest, forced labor, etc. - occur on a massive scale in the DRC, it is the sexual violence that has attracted global attention. This has had several problematic consequences, which are addressed in the report. Furthermore, the report underscores the dangers inherent in a limited understanding of gender that conflates sex and gender and thereby ignores the many ways in which wartime gendered violence also affects men and boys. While women and girls are undoubtedly the main (non)survivors of rape in the DRC, as elsewhere, men and boys are also victims of sexual violence in the various ways demonstrated in this report. Moreover, men and boys tend to be more exposed to other violence, such as forced recruitment, execution, arbitrary arrest and torture. As many of these crimes are directed at men and boys (especially forced recruitment) because they are men/boys, it must be recognized that this violence is also gendered. The current invisibility of men and boys as survivors of violence is problematic for several reasons, which are similarly given attention in the report. 

%%%Baaz, Maria Eriksson and Maria Stern%%% %%%Baaz et al. - The Complexity of Violence: A critical Analysis...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Baaz, Maria Eriksson and Maria Stern, The Complexity of Violence: A Critical Analysis of Sexual Violence in the Democratic Republic of Congo (DRC), Sida, 2010.

2010 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This report aims at contributing to a better understanding of the circumstances in which sexual violence is committed in the DRC. In doing so, the report underscores the complexity of GBV and the problems inherent in one-sided explanations and a singular focus on SGBV as separate from other forms of violence. One of the main lessons learned from the DRC is the danger of a singular focus on sexual violence. While other types of violence and abuse - executions, torture, arbitrary arrest, forced labor, etc. - occur on a massive scale in the DRC, it is the sexual violence that has attracted global attention. This has had several problematic consequences, which are addressed in the report. Furthermore, the report underscores the dangers inherent in a limited understanding of gender that conflates sex and gender and thereby ignores the many ways in which wartime gendered violence also affects men and boys. While women and girls are undoubtedly the main (non)survivors of rape in the DRC, as elsewhere, men and boys are also victims of sexual violence in the various ways demonstrated in this report. Moreover, men and boys tend to be more exposed to other violence, such as forced recruitment, execution, arbitrary arrest and torture. As many of these crimes are directed at men and boys (especially forced recruitment) because they are men/boys, it must be recognized that this violence is also gendered. The current invisibility of men and boys as survivors of violence is problematic for several reasons, which are similarly given attention in the report. 

%%%Sexual violence as a weapon of war%%%Sexual violence against men%%% %%%Torture%%%Execution%%%Forced recruitment%%%Gender-Based Violence%%%Sexual violence against men/boy%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Report%%% %%% %%% %%% %%% %%% %%%Male victim%%%Female victim%%%Minor victim%%% %%%

South African Truth and Reconciliation Commission

Jurisprudence non-judicial mechanisms

Country:
South Africa
Keywords:
Rape Threat of rape Sexual abuse Gender discrimination 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
Dates of mechanism (from):
1995 - 2002
Status:
Closed/Completed
Description:

A chapter presenting findings and conclusions on gender and violations of human rights of women was based on information obtained in the special hearings for women. After acknowledging that “the definition of gross violation of human rights adopted by the Commission resulted in blindness to the types of abuse predominantly experienced by women,” the gender chapter focused on women’s stories and pointed out the ways in which women experienced abuses, analyzing how gender roles affected their experiences. It included gender-disaggregated statistics and discussed how the perspective of the commission might have affected what was heard, given the gendered roles and socialization of the society. It also included some of the stories related in the special hearings, with the objective of presenting the range of sexual, physical, and psychological abuses experienced by women. It had a section on women as perpetrators, as well. However, no broad references to gender or women’s situation appear among the main findings and conclusions; only a few paragraphs on these subjects are included under the title “Further findings.”

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.

Date of report / release:
28-10-98
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.
%%% %%%South African Truth and Reconciliation Commission%%% %%%Jurisprudence non-judicial mechanisms%%% %%%South Africa%%% %%%South African Truth and Reconciliation Commission%%% %%%1995%%% %%%2002%%% %%%%%% %%%%%% %%%%%% %%%%%% %%%28-10-98%%%

A chapter presenting findings and conclusions on gender and violations of human rights of women was based on information obtained in the special hearings for women. After acknowledging that “the definition of gross violation of human rights adopted by the Commission resulted in blindness to the types of abuse predominantly experienced by women,” the gender chapter focused on women’s stories and pointed out the ways in which women experienced abuses, analyzing how gender roles affected their experiences. It included gender-disaggregated statistics and discussed how the perspective of the commission might have affected what was heard, given the gendered roles and socialization of the society. It also included some of the stories related in the special hearings, with the objective of presenting the range of sexual, physical, and psychological abuses experienced by women. It had a section on women as perpetrators, as well. However, no broad references to gender or women’s situation appear among the main findings and conclusions; only a few paragraphs on these subjects are included under the title “Further 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.

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. %%% %%%Rape%%%Threat of rape%%%Sexual abuse%%%Gender discrimination%%%Humiliating and Degrading Treatment%%% %%%Inequality and discrimination against women during armed conflict%%% %%% %%%Truth Commission%%% %%% %%%Rape%%% %%% %%%Security forces%%% %%%Male perpetrator%%%Female perpetrator%%% %%%

Peruvian Truth and Reconciliation Commission

Jurisprudence non-judicial mechanisms

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
Dates of mechanism (from):
2001 - 2003
Status:
Closed/Completed
Description:

The chapter on gender recognized that inequality and discrimination against women persisted during the armed conflict. Gender roles were changing, and women had to assume responsibility for the survival of their families after their husbands disappeared. Women also organized the movement of whole populations to escape from the violence. Although some women were responsible for crimes against civil populations and in many cases became active subversive leaders, they also retained traditional roles such as cooking and nursing. The important work of women in organizations to promote peace and democracy was also detailed in the report. The chapter on sexual violence included cases of rape, sexual blackmail, sexual slavery, mutilation, manhandling, humiliation, forced prostitution, forced pregnancy, and forced nudity.

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.

Date of report / release:
28-08-03
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.
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.
%%% %%%Peruvian Truth and Reconciliation Commission%%% %%%Jurisprudence non-judicial mechanisms%%% %%%Peru%%% %%%Peruvian Truth and Reconciliation Commission%%% %%%2001%%% %%%2003%%% %%%%%% %%%%%% %%%%%% %%%%%% %%%28-08-03%%%

The chapter on gender recognized that inequality and discrimination against women persisted during the armed conflict. Gender roles were changing, and women had to assume responsibility for the survival of their families after their husbands disappeared. Women also organized the movement of whole populations to escape from the violence. Although some women were responsible for crimes against civil populations and in many cases became active subversive leaders, they also retained traditional roles such as cooking and nursing. The important work of women in organizations to promote peace and democracy was also detailed in the report. The chapter on sexual violence included cases of rape, sexual blackmail, sexual slavery, mutilation, manhandling, humiliation, forced prostitution, forced pregnancy, and forced nudity.

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.

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. 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. %%% %%%Forced prostitution%%%Forced pregnancy%%%Forced nudity%%%Rape%%%Torture%%% %%%Inequality and discrimination against women during armed conflict%%% %%% %%%Truth Commission%%% %%% %%%Rape%%%Torture%%%Sexual slavery%%% %%% %%% %%%Male perpetrator%%%Female perpetrator%%%Male victim%%%Female victim%%% %%%

The Sierra Leone Truth and Reconciliation Commission

Jurisprudence non-judicial mechanisms

Country:
Sierra Leone
Keywords:
Rape Sexual Slavery Slave labor Killings Mutilation
Research Focus:
Women and the armed conflict
Type of mechanism:
Truth Commission
Name of mechanism:
The Sierra Leone Truth and Reconciliation Commission
Dates of mechanism (from):
2002 - 2004
Status:
Closed/Completed
Description:

The chapter of the report on “Women and the Armed Conflict” sets out the violations suffered by women and considers the current position of women in Sierra Leone. The report concluded that women and girls became targets for abuses during the conflict, suffering abductions and sexual exploitation. All armed groups carried out human rights violations against women and girls, including killings, rape, sexual slavery, slave labor, abduction, assault, amputation, forced pregnancy, torture, trafficking, mutilation, and other cruel and inhumane acts.

Date of report / release:
05-10-04
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.
%%% %%%The Sierra Leone Truth and Reconciliation Commission%%% %%%Jurisprudence non-judicial mechanisms%%% %%%Sierra Leone%%% %%%The Sierra Leone Truth and Reconciliation Commission%%% %%%2002%%% %%%2004%%% %%%%%% %%%%%% %%%%%% %%%%%% %%%05-10-04%%%

The chapter of the report on “Women and the Armed Conflict” sets out the violations suffered by women and considers the current position of women in Sierra Leone. The report concluded that women and girls became targets for abuses during the conflict, suffering abductions and sexual exploitation. All armed groups carried out human rights violations against women and girls, including killings, rape, sexual slavery, slave labor, abduction, assault, amputation, forced pregnancy, torture, trafficking, mutilation, and other cruel and inhumane acts.

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. %%% %%%Rape%%%Sexual Slavery%%%Slave labor%%%Killings%%%Mutilation%%% %%%Women and the armed conflict%%% %%% %%%Truth Commission%%% %%% %%%Rape%%%Sexual slavery%%%Human trafficking%%%Slave labor%%%Cruel/inhumane/humiliating/degrading treatment%%% %%% %%% %%%Male perpetrator%%%Female victim%%% %%%

International Commission of Inquiry on Libya

Jurisprudence non-judicial mechanisms

Country:
Libya
Keywords:
Rape Sexual Violence Torture War crimes Attack against a civilian population
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
Commission of Inquiry
Name of mechanism:
International Commission of Inquiry on Libya
Dates of mechanism (from):
2011 - 2012
Status:
Closed/Completed
Description:

In emergency session, the Human Rights Council on 25 February 2011 established the International Commission of Inquiry on Libya and gave it the mandate “to investigate all alleged violations of international human rights law in Libya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable”. 

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.”

Date of report / release:
08-03-12
Date of additional report(s):
15-06-11
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.
(Legal) Significance:

Although there was attention to sexual violence crimes, including in its recommendations, it seemed the COI had a lot of difficulty in establishing that these crimes amounted to international crimes.

%%% %%%International Commission of Inquiry on Libya%%% %%%Jurisprudence non-judicial mechanisms%%% %%%Libya%%% %%%International Commission of Inquiry on Libya%%% %%%2011%%% %%%2012%%% %%%%%% %%%%%% %%%%%% %%%%%% %%%08-03-12%%% %%%15-06-11%%%

In emergency session, the Human Rights Council on 25 February 2011 established the International Commission of Inquiry on Libya and gave it the mandate “to investigate all alleged violations of international human rights law in Libya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable”. 

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.”

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.

Although there was attention to sexual violence crimes, including in its recommendations, it seemed the COI had a lot of difficulty in establishing that these crimes amounted to international crimes.

%%% %%%Rape%%%Sexual Violence%%%Torture%%%War crimes%%%Attack against a civilian population%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%% %%%Commission of Inquiry%%% %%%Crimes against humanity%%% %%%Rape%%%Torture%%% %%% %%%Security forces%%% %%%Male perpetrator%%%Female victim%%% %%%

International Commission of Inquiry on Guinea

Jurisprudence non-judicial mechanisms

Country:
Guinea
Keywords:
Rape Humiliating and Degrading Treatment Forced nudity Sexual Slavery Killings
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
Dates of mechanism (from):
2009 - 2009
Status:
Closed/Completed
Description:

In a letter dated 28 October 2009, the Secretary-General of the United Nations, Ban Ki-moon, informed the members of the Security Council of his decision to establish an international commission of inquiry mandated to establish the facts and circumstances of the events of 28 September 2009 in Guinea and the related events in their immediate aftermath, qualify the crimes perpetrated, determine responsibilities, identify those responsible, where possible, and make recommendations.

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.

Date of report / release:
18-12-09
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>
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)).
(Legal) Significance:

(1) recognition of sexual violence as crimes against humanity and human rights violations;

(2) specific reparations that deal with victims of sexual violence.

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In a letter dated 28 October 2009, the Secretary-General of the United Nations, Ban Ki-moon, informed the members of the Security Council of his decision to establish an international commission of inquiry mandated to establish the facts and circumstances of the events of 28 September 2009 in Guinea and the related events in their immediate aftermath, qualify the crimes perpetrated, determine responsibilities, identify those responsible, where possible, and make recommendations.

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.

<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> 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)).

(1) recognition of sexual violence as crimes against humanity and human rights violations;

(2) specific reparations that deal with victims of sexual violence.

%%% %%%Rape%%%Humiliating and Degrading Treatment%%%Forced nudity%%%Sexual Slavery%%%Killings%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%% %%%Commission of Inquiry%%% %%%War crimes%%% %%%Rape%%%Sexual slavery%%% %%% %%%Security forces%%% %%%Male perpetrator%%%Female victim%%% %%%

International Commission of Inquiry on Syrian Arab Republic

Jurisprudence non-judicial mechanisms

Country:
Syrian Arab Republic
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Forced oral sex Detention Centers Cigarette burns Electroshock ISIS
Type of mechanism:
Commission of Inquiry
Name of mechanism:
International Commission of Inquiry on Syrian Arab Republic
Dates of mechanism (from):
2011 - 0
Status:
Ongoing
Description:

The Independent International Commission of Inquiry on the Syrian Arab Republic was established on 22 August 2011 by the Human Rights Council through resolution S-17/1 adopted at its 17th special session with a mandate to investigate all alleged violations of international human rights law since March 2011 in the Syrian Arab Republic. The Commission was also tasked to establish the facts and circumstances that may amount to such violations and of the crimes perpetrated and, where possible, to identify those responsible with a view of ensuring that perpetrators of violations, including those that may constitute crimes against humanity, are held accountable.

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 (see for all reports this link). To date, the COI has published 10 reports on the situation in Syria. The last, 10th report was published on 13 August 2015. In this report, 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:
13-08-15
Date of additional report(s):
26-06-12
(Legal) Significance:

1) there is a significant amount of male sexual violence;

(2) there is also a lot of reports on sexual violence against minors, especially boys;

(3) many reports about sexual violence forced between family members and in front of family;

(4) recognition of sexual violence under human rights and international criminal law (as crimes against humanity); and

(4) stigma makes it more difficult for survivors to talk about what happened to them, in particular for men.

%%% %%%International Commission of Inquiry on Syrian Arab Republic%%% %%%Jurisprudence non-judicial mechanisms%%% %%%Syrian Arab Republic%%% %%%International Commission of Inquiry on Syrian Arab Republic%%% %%%2011%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%% %%%13-08-15%%% %%%26-06-12%%%

The Independent International Commission of Inquiry on the Syrian Arab Republic was established on 22 August 2011 by the Human Rights Council through resolution S-17/1 adopted at its 17th special session with a mandate to investigate all alleged violations of international human rights law since March 2011 in the Syrian Arab Republic. The Commission was also tasked to establish the facts and circumstances that may amount to such violations and of the crimes perpetrated and, where possible, to identify those responsible with a view of ensuring that perpetrators of violations, including those that may constitute crimes against humanity, are held accountable.

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 (see for all reports this link). To date, the COI has published 10 reports on the situation in Syria. The last, 10th report was published on 13 August 2015. In this report, 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.

1) there is a significant amount of male sexual violence;

(2) there is also a lot of reports on sexual violence against minors, especially boys;

(3) many reports about sexual violence forced between family members and in front of family;

(4) recognition of sexual violence under human rights and international criminal law (as crimes against humanity); and

(4) stigma makes it more difficult for survivors to talk about what happened to them, in particular for men.

%%%Definitions/elements of sexual violence crimes%%% %%%Forced oral sex%%%Detention Centers%%%Cigarette burns%%%Electroshock%%%ISIS%%% %%% %%% %%%Commission of Inquiry%%% %%%Crimes against humanity%%% %%%Rape%%%Torture%%%Sexual slavery%%% %%% %%%Security forces%%% %%%Female victim%%%Minor victim%%%Male victim%%% %%%

Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)

Jurisprudence non-judicial mechanisms

Country:
Democratic People’s Republic of Korea (DPRK)
Keywords:
Enslavement Rape Torture Forced abortion Murder
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
Commission of Inquiry
Name of mechanism:
Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)
Dates of mechanism (from):
2013 - 2014
Status:
Closed/Completed
Description:

On 21 March 2013, at its 22nd session, the UN Human Rights Council established the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK). Resolution A/HR/RES/22/13 mandates the COI to investigate the systematic, widespread and grave violations of human rights in the DPRK, with a view to ensuring full accountability, in particular for violations which may amount to crimes against humanity. 

Findings:

On 17 February 2014, the COI reported on its findings and established that a wide array of crimes against humanity, including sexual violence, arising from “policies established at the highest level of State,” had been committed and continue to take place in the DPRK and called for urgent action by the international community to address the human rights situation in the country, including referral to the International Criminal Court.

The report cites many incidents of sexual violence, which the COI finds to rise to the level of crimes against humanity. For example, it is stated that: “Although not endorsed as general policy and contrary to prison regulations, the frequent incidences of rape form part of the overall pattern of crimes against humanity. Like in the political prison camps, cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy. The forced abortions to which pregnant inmates have been subjected constitute a form of sexual violence of a gravity that meets the threshold required for crimes against humanity.” Also, it is held that the State systematically uses violence and punishment to deter its citizens from exercising their human right to leave the country. Persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion and other forms of sexual violence.

According to the COI these crimes can be qualified as crimes against humanity and include extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.

Date of report / release:
17-02-14
Recommendations:
The COI recommends specifically on sexual violence: (1) to take immediate measures to ensure gender equality in practice, such as by providing equal access for women in public life and employment; eradicate discriminatory laws, regulations and practices affecting women; take measures to address all forms of violence against women, including domestic violence, sexual and gender-based violence by State agents and/or within State institutions; and respond immediately and effectively to trafficking in women, and address the structural causes that make women vulnerable to such violations; and (2) abolish the de facto prohibition on foreign travel imposed on ordinary citizens; decriminalize illegal border crossings and introduce border controls that conform to international standards; renounce orders to shoot and kill at the border; cease to regard citizens repatriated from China as political criminals or to subject them to imprisonment, execution, torture, arbitrary detention, deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; and abolish the State’s compulsory designation of places of residence and employment, as well as the requirement to obtain a permit for domestic travel outside a person’s designated province.
(Legal) Significance:

(1) sexual violence recognized as a crime against humanity;

(2) specific recommendations addressing sexual and gender based violence.

%%% %%%Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)%%% %%%Jurisprudence non-judicial mechanisms%%% %%%Democratic People’s Republic of Korea (DPRK)%%% %%%Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK)%%% %%%2013%%% %%%2014%%% %%%%%% %%%%%% %%%%%% %%%%%% %%%17-02-14%%%

On 21 March 2013, at its 22nd session, the UN Human Rights Council established the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK). Resolution A/HR/RES/22/13 mandates the COI to investigate the systematic, widespread and grave violations of human rights in the DPRK, with a view to ensuring full accountability, in particular for violations which may amount to crimes against humanity. 

On 17 February 2014, the COI reported on its findings and established that a wide array of crimes against humanity, including sexual violence, arising from “policies established at the highest level of State,” had been committed and continue to take place in the DPRK and called for urgent action by the international community to address the human rights situation in the country, including referral to the International Criminal Court.

The report cites many incidents of sexual violence, which the COI finds to rise to the level of crimes against humanity. For example, it is stated that: “Although not endorsed as general policy and contrary to prison regulations, the frequent incidences of rape form part of the overall pattern of crimes against humanity. Like in the political prison camps, cases of rape are a direct consequence of the impunity and unchecked power that prison guards and other officials enjoy. The forced abortions to which pregnant inmates have been subjected constitute a form of sexual violence of a gravity that meets the threshold required for crimes against humanity.” Also, it is held that the State systematically uses violence and punishment to deter its citizens from exercising their human right to leave the country. Persons who are forcibly repatriated from China are commonly subjected to torture, arbitrary detention, summary execution, forced abortion and other forms of sexual violence.

According to the COI these crimes can be qualified as crimes against humanity and include extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place.

The COI recommends specifically on sexual violence: (1) to take immediate measures to ensure gender equality in practice, such as by providing equal access for women in public life and employment; eradicate discriminatory laws, regulations and practices affecting women; take measures to address all forms of violence against women, including domestic violence, sexual and gender-based violence by State agents and/or within State institutions; and respond immediately and effectively to trafficking in women, and address the structural causes that make women vulnerable to such violations; and (2) abolish the de facto prohibition on foreign travel imposed on ordinary citizens; decriminalize illegal border crossings and introduce border controls that conform to international standards; renounce orders to shoot and kill at the border; cease to regard citizens repatriated from China as political criminals or to subject them to imprisonment, execution, torture, arbitrary detention, deliberate starvation, illegal cavity searches, forced abortions and other sexual violence; and abolish the State’s compulsory designation of places of residence and employment, as well as the requirement to obtain a permit for domestic travel outside a person’s designated province.

(1) sexual violence recognized as a crime against humanity;

(2) specific recommendations addressing sexual and gender based violence.

%%% %%%Enslavement%%%Rape%%%Torture%%%Forced abortion%%%Murder%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%% %%%Commission of Inquiry%%% %%%Crimes against humanity%%% %%%Rape%%%Torture%%%Sexual slavery%%%Murder%%%Imprisonment%%% %%% %%%Security forces%%% %%%Male perpetrator%%%Female victim%%% %%%

Babalola et al. - Perceptions about Survivors of Sexual Violence...

Literature

Year:
2015
Country:
Democratic Republic of Congo (DRC)
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Survivor Expertise in sexual violence Discrimination Protective Measures
Author:
Babalola, Stella, Neetu A. John, and Dana Cernigliaro and Mathurin Dodo
Full reference:

Babalola, Stella, Neetu A. John, and Dana Cernigliaro and Mathurin Dodo, Perceptions about Survivors of Sexual Violence in Eastern DRC: Conflicting Descriptive and Community-Prescribed Norms, 43(2) Journal of Community Psychology (2015) 171-188.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The Democratic Republic of Congo (DRC) has one of the largest concentrations of people who have experienced sexual violence in the world. In this article, the authors use qualitative data to contrast community reactions toward survivors (descriptive norms) with perceptions about what would constitute justice for survivors (prescribed norms). There are noticeable disparities between descriptive norms and prescribed norms regarding community reactions toward survivors of sexual violence. The image of a survivor of sexual violence that emerged from the data is that of a person who should be pitied and who is sick, suffering, often abandoned and neglected, exposed to discrimination, and emotionally disturbed. In contrast to these negative perceptions, community members saw justice for survivors as including compassion, empathy, egalitarian treatment, respect, and protection from taunting and labelling. The authors drew on the theory of pluralistic ignorance to explain this disparity. The programmatic implications of the findings are discussed.

 

 

%%%Babalola, Stella, Neetu A. John, and Dana Cernigliaro and Mathurin Dodo%%% %%%Babalola et al. - Perceptions about Survivors of Sexual Violence...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Babalola, Stella, Neetu A. John, and Dana Cernigliaro and Mathurin Dodo, Perceptions about Survivors of Sexual Violence in Eastern DRC: Conflicting Descriptive and Community-Prescribed Norms, 43(2) Journal of Community Psychology (2015) 171-188.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The Democratic Republic of Congo (DRC) has one of the largest concentrations of people who have experienced sexual violence in the world. In this article, the authors use qualitative data to contrast community reactions toward survivors (descriptive norms) with perceptions about what would constitute justice for survivors (prescribed norms). There are noticeable disparities between descriptive norms and prescribed norms regarding community reactions toward survivors of sexual violence. The image of a survivor of sexual violence that emerged from the data is that of a person who should be pitied and who is sick, suffering, often abandoned and neglected, exposed to discrimination, and emotionally disturbed. In contrast to these negative perceptions, community members saw justice for survivors as including compassion, empathy, egalitarian treatment, respect, and protection from taunting and labelling. The authors drew on the theory of pluralistic ignorance to explain this disparity. The programmatic implications of the findings are discussed.

 

 

%%%Definitions/elements of sexual violence crimes%%% %%%Survivor%%%Expertise in sexual violence%%%Discrimination%%%Protective Measures%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Bassiouni et al. - Sexual Violence: An Invisible Weapon of War

Literature

Year:
1996
Country:
Former Yugoslavia
Issues:
Sexual violence as a weapon of war
Keywords:
Ethnic cleansing Command responsibility Media Responsibility Bosnian muslim population
Author:
Bassiouni, M. Cherif and Marci McCormick
Full reference:

Bassiouni, M. Cherif and Marci McCormick, Sexual Violence: An Invisible Weapon of War in the former Yugoslavia, Occasional Paper No. 1, Chicago, IL: International Human Rights Institute, 1996.

Type of Literature:
Gray literature
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
Hybrid court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

Based on the Final Report of the Commission of Experts and its Annexes, published by the United Nations Security Council, this study documents the use of sexual violence as a planned instrument of war policy in the former Yugoslavia and recommends international action. The Commission concluded that the use of sexual violence has been widespread in the conflict in the former Yugoslavia. Although it has been perpetrated by all the warring factions, the majority of victims have been Bosnian Muslims, and the majority of perpetrators have been Bosnian Serbs. This group used rape as part of a policy of terror and violence designed to achieve ‘ethnic cleansing’. The Commission identified several patterns of sexual violence that involved victims both in and out of detention. The Commission also found many similarities in the conduct of perpetrators in diverse areas throughout Bosnia and Herzegovina between April 1992 and June 1993. The number of incidents decreased significantly in 1993, possibly in response to media attention. Although some of the sexual violence occurred sporadically, most of it was systematic and widespread, conducted in connection with efforts to displace the civilian population of a targeted ethnic group from a particular area. Sometimes field military and camp commanders explicitly ordered their subordinates to commit acts of sexual violence. In these cases, the individual commander’s criminal responsibility is unequivocal. In other cases, field and camp commanders failed to prevent sexual violence and did not punish perpetrators when their crimes were disclosed. This is a violation of a commander’s duties and makes the commander criminally responsible under international law. The responsibility can be traced all the way up the chain of command to those who planned the policy while pretending to know nothing about it. These are the cases that must be carefully established before the International Criminal Tribunal for the Former Yugoslavia.

%%%Bassiouni, M. Cherif and Marci McCormick%%% %%%Bassiouni et al. - Sexual Violence: An Invisible Weapon of War%%% %%%Literature%%% %%%Former Yugoslavia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Bassiouni, M. Cherif and Marci McCormick, Sexual Violence: An Invisible Weapon of War in the former Yugoslavia, Occasional Paper No. 1, Chicago, IL: International Human Rights Institute, 1996.

1996 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Based on the Final Report of the Commission of Experts and its Annexes, published by the United Nations Security Council, this study documents the use of sexual violence as a planned instrument of war policy in the former Yugoslavia and recommends international action. The Commission concluded that the use of sexual violence has been widespread in the conflict in the former Yugoslavia. Although it has been perpetrated by all the warring factions, the majority of victims have been Bosnian Muslims, and the majority of perpetrators have been Bosnian Serbs. This group used rape as part of a policy of terror and violence designed to achieve ‘ethnic cleansing’. The Commission identified several patterns of sexual violence that involved victims both in and out of detention. The Commission also found many similarities in the conduct of perpetrators in diverse areas throughout Bosnia and Herzegovina between April 1992 and June 1993. The number of incidents decreased significantly in 1993, possibly in response to media attention. Although some of the sexual violence occurred sporadically, most of it was systematic and widespread, conducted in connection with efforts to displace the civilian population of a targeted ethnic group from a particular area. Sometimes field military and camp commanders explicitly ordered their subordinates to commit acts of sexual violence. In these cases, the individual commander’s criminal responsibility is unequivocal. In other cases, field and camp commanders failed to prevent sexual violence and did not punish perpetrators when their crimes were disclosed. This is a violation of a commander’s duties and makes the commander criminally responsible under international law. The responsibility can be traced all the way up the chain of command to those who planned the policy while pretending to know nothing about it. These are the cases that must be carefully established before the International Criminal Tribunal for the Former Yugoslavia.

%%%Sexual violence as a weapon of war%%% %%%Ethnic cleansing%%%Command responsibility%%%Media%%%Responsibility%%%Bosnian muslim population%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Gray literature%%% %%%Hybrid court%%% %%% %%% %%%Superior or command responsibility%%%Individual criminal responsibility%%% %%%Military Services%%% %%% %%%

Boesten - Sexual Violence during War and Peace...

Literature

Year:
2014
Country:
Peru
Issues:
Socio-cultural context of sexual violence
Keywords:
Impunity International Convention Humiliating and Degrading Treatment Continuum violence Peace
Author:
Boesten, Jelke
Full reference:

Boesten, Jelke, Sexual Violence during War and Peace: Gender, Power, and Post-Conflict Justice in Peru (New York: Palgrave MacMillan and Unites States University of Peace Press, 2014).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

War and peace are connected, not only in terms of the institutional and social legacies of war for peace, but also in terms of how people behave and judge others. The book proposes that what happens in war is very much informed and shaped by social behavior and practices during peaceful times, before and after armed conflict. In this sense, as regards sexual violence, Boesten confirms the existence of a continuum of violence from peace-to-war-to-peace which manifests itself not only in physical violence but also draws from social understandings and justifications of violence embedded in legal and policy practices, as well as in actual rules and regulations. This explains why impunity prevails in peaceful and post-conflict societies and why international norms and standards - on aspects of sexual or other types of violence - are difficult to implement. Against this background, the book problematizes the question of why people behave violently. In regards to sexual violence, defined as “all acts that can be labeled as unwanted sexual acts and exposure according to one or more of the following: victims, perpetrators, witnesses or judiciary”, the book questions the utility of the rape-as-strategy-of-war explanation - according to which rape results from both opportunity and from a desire to weaken and humiliate the enemy by taking its women - and depicts sexual violence as a much more complex, socially and culturally informed form of aggression which reflects a mix of (social and ethnic) conflicts, not just an armed competition over territorial control by specific armed factions.

%%%Boesten, Jelke%%% %%%Boesten - Sexual Violence during War and Peace...%%% %%%Literature%%% %%%Peru%%% %%%

Boesten, Jelke, Sexual Violence during War and Peace: Gender, Power, and Post-Conflict Justice in Peru (New York: Palgrave MacMillan and Unites States University of Peace Press, 2014).

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

War and peace are connected, not only in terms of the institutional and social legacies of war for peace, but also in terms of how people behave and judge others. The book proposes that what happens in war is very much informed and shaped by social behavior and practices during peaceful times, before and after armed conflict. In this sense, as regards sexual violence, Boesten confirms the existence of a continuum of violence from peace-to-war-to-peace which manifests itself not only in physical violence but also draws from social understandings and justifications of violence embedded in legal and policy practices, as well as in actual rules and regulations. This explains why impunity prevails in peaceful and post-conflict societies and why international norms and standards - on aspects of sexual or other types of violence - are difficult to implement. Against this background, the book problematizes the question of why people behave violently. In regards to sexual violence, defined as “all acts that can be labeled as unwanted sexual acts and exposure according to one or more of the following: victims, perpetrators, witnesses or judiciary”, the book questions the utility of the rape-as-strategy-of-war explanation - according to which rape results from both opportunity and from a desire to weaken and humiliate the enemy by taking its women - and depicts sexual violence as a much more complex, socially and culturally informed form of aggression which reflects a mix of (social and ethnic) conflicts, not just an armed competition over territorial control by specific armed factions.

%%%Socio-cultural context of sexual violence%%% %%%Impunity%%%International Convention%%%Humiliating and Degrading Treatment%%%Continuum violence%%%Peace%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%% %%% %%% %%% %%%

Bringedal - Re-presentations of Defendant Perpetrators...

Literature

Year:
2015
Issues:
Sexual violence as a weapon of war Definitions/elements of sexual violence crimes
Keywords:
Rape Humiliating and Degrading Treatment Sexual Violence Sexual violence against men/boy
Author:
Bringedal Houge, Anette
Full reference:

Bringedal Houge, Anette, Re-presentations of Defendant Perpetrators in Sexual War Violence Cases before International and Military Criminal Courts, Brit. J. Criminol. (2015) 1-19.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
US courts-martial, International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

The empirical material produced by proceedings at International Criminal Tribunals and selected US courts-martial comprise one of few available sources on the lives and experiences of individual perpetrators of sexual war violence. In this article the author explores primary court actors’ narratives about defendant perpetrators and identify and discuss how aetiology is understood, re-presented and constructed from the individual actor perspective that criminal court proceedings necessitate. These re-presentations add nuances to, and sometimes challenge, the overriding narratives about the causes of sexual war violence and the individual actors involved.

The defendants in the analyzed cases constitute a diverse group, the sexual offenses represent a wide repertoire and the degree of the defendants’ involvement range from pushing someone into a humiliating position, or taking pictures of humiliating positions, to instigating and participating in physically violent multiple perpetrator rapes over long periods of time. The narratives shift in relation to the victims’ gender and their weighting of sexual violence as primarily sex or violence. Before both courts-martial and the ICTY sexual violence against men tend to be presented as non-sexual, to the extent that it is not constructed as if it serves sexual gratification or need. Rather it serves entertainment and tactical humiliation purposes. Narratives about sexual violence against women do involve sexual pleasure and are narrated differently. These narratives cast sexual violence both as sexual pleasure, i.e., as an end in itself, and as a tool, that serves a greater conflict purpose. In contrast, scholarly and activist presentations of conflict-related sexual violence typically state that these offenses have ‘very little to do with sex (…). It is all about power’. This close-to-mantra is presumably based on a fear of essentializing the causes of rape and ignoring social, political, structural and militarized factors at play. However, it also ignores empirical data based on the voices of those who directly perpetrate on the ground.

There is a difference between understanding the macro complexes that structurally perpetuate wartime rape and sexual violence and allow for norms that facilitate rape, on the one hand, and the causes reported by individuals on the ground on the other. These understandings need not be opposites, nor do explanations emphasizing individual lust and sexual needs equate a biological, inherent capability of the perpetrator - it can also be the result of social conditioning and acceptance.

%%%Bringedal Houge, Anette%%% %%%Bringedal - Re-presentations of Defendant Perpetrators...%%% %%%Literature%%% %%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Bringedal Houge, Anette, Re-presentations of Defendant Perpetrators in Sexual War Violence Cases before International and Military Criminal Courts, Brit. J. Criminol. (2015) 1-19.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The empirical material produced by proceedings at International Criminal Tribunals and selected US courts-martial comprise one of few available sources on the lives and experiences of individual perpetrators of sexual war violence. In this article the author explores primary court actors’ narratives about defendant perpetrators and identify and discuss how aetiology is understood, re-presented and constructed from the individual actor perspective that criminal court proceedings necessitate. These re-presentations add nuances to, and sometimes challenge, the overriding narratives about the causes of sexual war violence and the individual actors involved.

The defendants in the analyzed cases constitute a diverse group, the sexual offenses represent a wide repertoire and the degree of the defendants’ involvement range from pushing someone into a humiliating position, or taking pictures of humiliating positions, to instigating and participating in physically violent multiple perpetrator rapes over long periods of time. The narratives shift in relation to the victims’ gender and their weighting of sexual violence as primarily sex or violence. Before both courts-martial and the ICTY sexual violence against men tend to be presented as non-sexual, to the extent that it is not constructed as if it serves sexual gratification or need. Rather it serves entertainment and tactical humiliation purposes. Narratives about sexual violence against women do involve sexual pleasure and are narrated differently. These narratives cast sexual violence both as sexual pleasure, i.e., as an end in itself, and as a tool, that serves a greater conflict purpose. In contrast, scholarly and activist presentations of conflict-related sexual violence typically state that these offenses have ‘very little to do with sex (…). It is all about power’. This close-to-mantra is presumably based on a fear of essentializing the causes of rape and ignoring social, political, structural and militarized factors at play. However, it also ignores empirical data based on the voices of those who directly perpetrate on the ground.

There is a difference between understanding the macro complexes that structurally perpetuate wartime rape and sexual violence and allow for norms that facilitate rape, on the one hand, and the causes reported by individuals on the ground on the other. These understandings need not be opposites, nor do explanations emphasizing individual lust and sexual needs equate a biological, inherent capability of the perpetrator - it can also be the result of social conditioning and acceptance.

%%%Sexual violence as a weapon of war%%%Definitions/elements of sexual violence crimes%%% %%%Rape%%%Humiliating and Degrading Treatment%%%Sexual Violence%%%Sexual violence against men/boy%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%US courts-martial%%%International Criminal Tribunal/Court%%% %%% %%%Rape%%% %%% %%% %%%Male victim%%%Female victim%%% %%%

Brownmiller - Against Our Will: Men, Women and Rape

Literature

Year:
1975
Issues:
Socio-cultural context of sexual violence
Keywords:
Child sex abuse/ molestation Rape Spousal Rape Spoil of war
Author:
Brownmiller, Susan
Full reference:

Brownmiller[PubMed]  [Google Scholar], Susan, Against Our Will: Men, Women and Rape (New York: Fawcett Columbine 1975).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The book lays down the history, politics and sociology of rape and the inherent and ingrained inequality of men and women under the law. Brownmiller pulls back the centuries of damaging lies and misrepresentations to reveal how rape has been accepted in all societies and how it continues to profoundly affect women’s lives today. She discusses the consequences of rape in biblical times, rape as an accepted spoil of war, as well as child molestation, marital rape and date rape.

%%%Brownmiller, Susan%%% %%%Brownmiller - Against Our Will: Men, Women and Rape%%% %%%Literature%%% %%% %%%

Brownmiller[PubMed]  [Google Scholar], Susan, Against Our Will: Men, Women and Rape (New York: Fawcett Columbine 1975).

1975 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The book lays down the history, politics and sociology of rape and the inherent and ingrained inequality of men and women under the law. Brownmiller pulls back the centuries of damaging lies and misrepresentations to reveal how rape has been accepted in all societies and how it continues to profoundly affect women’s lives today. She discusses the consequences of rape in biblical times, rape as an accepted spoil of war, as well as child molestation, marital rape and date rape.

%%%Socio-cultural context of sexual violence%%% %%%Child sex abuse/ molestation%%%Rape%%%Spousal Rape%%%Spoil of war%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%%Rape%%% %%% %%% %%%Female victim%%%Minor victim%%%Male perpetrator%%% %%%

Baaz et al. - Sexual Violence as a Weapon of War...

Literature

Year:
2013
Country:
Democratic Republic of Congo (DRC)
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Rape as a weapon of war
Author:
Baaz, Maria Eriksson and Maria Stern
Full reference:

Baaz, Maria Eriksson and Maria Stern, Sexual Violence as a Weapon of War?: Perceptions, Prescriptions, Problems in the Congo and Beyond (Zed Books 2013).

Type of Literature:
Report
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

All too often in conflict situations, rape is referred to as a ‘weapon of war’, a term presented as self-explanatory through its implied storyline of gender and warring. In this book the authors challenge the dominant understandings of sexual violence in conflict and post-conflict settings. Reading with and against feminist analyses of the interconnections between gender, warring, violence and militarization, the authors address many of the issues inherent in the arrival of sexual violence on the global security agenda. Based on original fieldwork in the Democratic Republic of the Congo, as well as research material from other conflict zones, the book challenges the recent prominence given to sexual violence, highlighting various problems with isolating sexual violence from other violence in war.

%%%Baaz, Maria Eriksson and Maria Stern%%% %%%Baaz et al. - Sexual Violence as a Weapon of War...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Baaz, Maria Eriksson and Maria Stern, Sexual Violence as a Weapon of War?: Perceptions, Prescriptions, Problems in the Congo and Beyond (Zed Books 2013).

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

All too often in conflict situations, rape is referred to as a ‘weapon of war’, a term presented as self-explanatory through its implied storyline of gender and warring. In this book the authors challenge the dominant understandings of sexual violence in conflict and post-conflict settings. Reading with and against feminist analyses of the interconnections between gender, warring, violence and militarization, the authors address many of the issues inherent in the arrival of sexual violence on the global security agenda. Based on original fieldwork in the Democratic Republic of the Congo, as well as research material from other conflict zones, the book challenges the recent prominence given to sexual violence, highlighting various problems with isolating sexual violence from other violence in war.

%%%Definitions/elements of sexual violence crimes%%% %%%Rape as a weapon of war%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Report%%% %%% %%% %%%Rape%%% %%% %%% %%% %%%

Bringedal Houge - Sexualized War Violence: Knowledge Construction...

Literature

Year:
2015
Issues:
Socio-cultural context of sexual violence
Keywords:
Sexual war violence Individual level
Author:
Bringedal Houge, Anette
Full reference:

Bringedal Houge, Anette, Sexualized War Violence: Knowledge Construction and Knowledge Gaps, 25 Agression and Violent Behaviour (2015) 79-87.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This qualitative literature review provides an overview of the proliferating research field that research on sexualized war violence has become. The article critically reviews some of the main theories on sexualized war violence in light of five basic and interrelated dimensions: terminology and conceptualizations, etiological approaches, disciplinary grounding, contextual emphasis, and, lastly, the policy implications these dimensions imply.

The review involves a discussion of critical contestations within the field and an outline of research gaps that still need exploration. One of the central arguments that the author makes is to practice theoretical restraint - to be transparent and reflexive regarding theoretical claims and the complex social reality upon which they are made.

Sexualized war violence is a complex phenomenon that requires a multi-factorial understanding where the weighting of each variable may differ both between conflicts and within, and, on an individual level, between perpetrating members of the same and different armed groups at different times. Whenever we attempt to reduce a complex social phenomenon to a one-dimensional and universal causal relationship, we will necessarily fail at some levels. Sexualized war violence is a research area that warrants criminological attention; it is an aim of this article to suggest possible theoretical and empirical directions that such inquiries may take.

%%%Bringedal Houge, Anette%%% %%%Bringedal Houge - Sexualized War Violence: Knowledge Construction...%%% %%%Literature%%% %%% %%%

Bringedal Houge, Anette, Sexualized War Violence: Knowledge Construction and Knowledge Gaps, 25 Agression and Violent Behaviour (2015) 79-87.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This qualitative literature review provides an overview of the proliferating research field that research on sexualized war violence has become. The article critically reviews some of the main theories on sexualized war violence in light of five basic and interrelated dimensions: terminology and conceptualizations, etiological approaches, disciplinary grounding, contextual emphasis, and, lastly, the policy implications these dimensions imply.

The review involves a discussion of critical contestations within the field and an outline of research gaps that still need exploration. One of the central arguments that the author makes is to practice theoretical restraint - to be transparent and reflexive regarding theoretical claims and the complex social reality upon which they are made.

Sexualized war violence is a complex phenomenon that requires a multi-factorial understanding where the weighting of each variable may differ both between conflicts and within, and, on an individual level, between perpetrating members of the same and different armed groups at different times. Whenever we attempt to reduce a complex social phenomenon to a one-dimensional and universal causal relationship, we will necessarily fail at some levels. Sexualized war violence is a research area that warrants criminological attention; it is an aim of this article to suggest possible theoretical and empirical directions that such inquiries may take.

%%%Socio-cultural context of sexual violence%%% %%%Sexual war violence%%%Individual level%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%% %%%

Buss - Rape as a Weapon of War

Literature

Year:
2009
Country:
Rwanda, Former Yugoslavia
Issues:
Sexual violence as a weapon of war
Keywords:
Rape as a weapon of war Feminist approach Crimes against humanity Genocide Rape
Author:
Buss, Doris E.
Full reference:

Buss, Doris E., Rape as a Weapon of War, 17 Feminist Legal Studies (2009) 145-163.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, the author examines how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognized and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide.

%%%Buss, Doris E.%%% %%%Buss - Rape as a Weapon of War%%% %%%Literature%%% %%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Buss, Doris E., Rape as a Weapon of War, 17 Feminist Legal Studies (2009) 145-163.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, the author examines how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognized and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide.

%%%Sexual violence as a weapon of war%%% %%%Rape as a weapon of war%%%Feminist approach%%%Crimes against humanity%%%Genocide%%%Rape%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%%Crimes against humanity%%% %%%Rape%%% %%% %%% %%% %%%

Carpenter - Born of War: Protecting Children

Literature

Year:
2007
Issues:
Sexual violence against children
Keywords:
Child sex abuse/ molestation Children in Armed Conflict Protective Measures
Author:
Carpenter, R. Charli (ed.)
Full reference:

Carpenter, R. Charli (ed.), Born of War: Protecting Children of Sexual Violence Survivors in Conflict Zones (Kumarian Press, 2007).

Type of Literature:
Book
Description:

(no access)

%%%Carpenter, R. Charli (ed.)%%% %%%Carpenter - Born of War: Protecting Children%%% %%%Literature%%% %%% %%%

Carpenter, R. Charli (ed.), Born of War: Protecting Children of Sexual Violence Survivors in Conflict Zones (Kumarian Press, 2007).

2007 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

(no access)

%%%Sexual violence against children%%% %%%Child sex abuse/ molestation%%%Children in Armed Conflict%%%Protective Measures%%% %%% %%%Book%%% %%% %%% %%% %%% %%% %%%Minor victim%%% %%%

Sexual and Gender Based Violence Against Men in the Democratic Republic of Congo

Literature

Year:
2011
Author:
Christian, Mervyn, Octave Safari, Paul Ramazani, Gilbert Burnham and Nancy Glass
Full reference:

Christian, Mervyn, Octave Safari, Paul Ramazani, Gilbert Burnham and Nancy Glass, Sexual and Gender Based Violence Against Men in the Democratic Republic of Congo: Effects on Survivors, Their Families and the Community, 27(4) Medicine, Conflict and Survival (2011), 227-246.

 

 

Type of Literature:
Journal article
Description:

(no access)

%%%Christian, Mervyn, Octave Safari, Paul Ramazani, Gilbert Burnham and Nancy Glass%%% %%%Sexual and Gender Based Violence Against Men in the Democratic Republic of Congo%%% %%%Literature%%% %%% %%%

Christian, Mervyn, Octave Safari, Paul Ramazani, Gilbert Burnham and Nancy Glass, Sexual and Gender Based Violence Against Men in the Democratic Republic of Congo: Effects on Survivors, Their Families and the Community, 27(4) Medicine, Conflict and Survival (2011), 227-246.

 

 

2011 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

(no access)

%%% %%% %%% %%%Journal article%%% %%% %%% %%% %%% %%% %%% %%%

Cohen et al. - Wartime Sexual Violence...

Literature

Year:
2013
Issues:
Socio-cultural context of sexual violence Sexual violence against men
Keywords:
State Command responsibility Sexual war violence Rape as a weapon of war Stereotype
Author:
Cohen, Dara Kay, Amelia Hoover Green and Elisabeth Jean Wood
Full reference:

Cohen, Dara Kay, Amelia Hoover Green and Elisabeth Jean Wood, Wartime Sexual Violence: Misconceptions, Implications, and Ways Forward, United States Institute of Peace, Special Report, 2013.  

Type of Literature:
Report
Research Focus:
Causality, functionality and logic of conflict-related sexual violence, Perpetrators and Prevention
Description:

Wartime rape is neither ubiquitous nor inevitable. The level of sexual violence differs significantly across countries, conflicts, and particularly armed groups. Some armed groups can and do prohibit sexual violence. Such variation suggests that policy interventions should also be focused on armed groups, and that commanders in effective control of their troops are legally liable for patterns of sexual violence they fail or refuse to prevent.

Wartime rape is also not specific to certain types of conflicts or to geographic regions. It occurs in ethnic and non-ethnic wars, in Africa and elsewhere. State forces are more likely to be reported as perpetrators of sexual violence than rebels. States may also be more susceptible than rebels to naming and shaming campaigns around sexual violence. Perpetrators and victims may not be who we expect them to be. During many conflicts, those who perpetrate sexual violence are often not armed actors but civilians. Perpetrators also are not exclusively male, nor are victims exclusively female. Policymakers should not neglect nonstereotypical perpetrators and victims. Wartime rape need not be ordered to occur on a massive scale.

Wartime rape is often not an intentional strategy of war: it is more frequently tolerated than ordered. Nonetheless, as noted, commanders in effective control of their troops are legally liable for sexual violence perpetrated by those troops. Much remains unknown about the patterns and causes of wartime sexual violence. In particular, existing data cannot determine conclusively whether wartime sexual violence on a global level is increasing, decreasing, or holding steady. Policymakers should instead focus on variation at lower levels of aggregation, and especially across armed groups.

%%%Cohen, Dara Kay, Amelia Hoover Green and Elisabeth Jean Wood%%% %%%Cohen et al. - Wartime Sexual Violence...%%% %%%Literature%%% %%% %%%

Cohen, Dara Kay, Amelia Hoover Green and Elisabeth Jean Wood, Wartime Sexual Violence: Misconceptions, Implications, and Ways Forward, United States Institute of Peace, Special Report, 2013.  

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Wartime rape is neither ubiquitous nor inevitable. The level of sexual violence differs significantly across countries, conflicts, and particularly armed groups. Some armed groups can and do prohibit sexual violence. Such variation suggests that policy interventions should also be focused on armed groups, and that commanders in effective control of their troops are legally liable for patterns of sexual violence they fail or refuse to prevent.

Wartime rape is also not specific to certain types of conflicts or to geographic regions. It occurs in ethnic and non-ethnic wars, in Africa and elsewhere. State forces are more likely to be reported as perpetrators of sexual violence than rebels. States may also be more susceptible than rebels to naming and shaming campaigns around sexual violence. Perpetrators and victims may not be who we expect them to be. During many conflicts, those who perpetrate sexual violence are often not armed actors but civilians. Perpetrators also are not exclusively male, nor are victims exclusively female. Policymakers should not neglect nonstereotypical perpetrators and victims. Wartime rape need not be ordered to occur on a massive scale.

Wartime rape is often not an intentional strategy of war: it is more frequently tolerated than ordered. Nonetheless, as noted, commanders in effective control of their troops are legally liable for sexual violence perpetrated by those troops. Much remains unknown about the patterns and causes of wartime sexual violence. In particular, existing data cannot determine conclusively whether wartime sexual violence on a global level is increasing, decreasing, or holding steady. Policymakers should instead focus on variation at lower levels of aggregation, and especially across armed groups.

%%%Socio-cultural context of sexual violence%%%Sexual violence against men%%% %%%State%%%Command responsibility%%%Sexual war violence%%%Rape as a weapon of war%%%Stereotype%%% %%%Causality, functionality and logic of conflict-related sexual violence%%%Perpetrators and Prevention%%% %%%Report%%% %%% %%% %%%Rape%%% %%%Superior or command responsibility%%% %%%Civilian%%% %%% %%%

De Brouwer et al. - The Men Who Killed Me...

Literature

Year:
2009
Country:
Rwanda
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Rape Sexual Slavery Survivor HIV Genocide
Author:
De Brouwer, Anne-Marie and Sandra Ka Hon Chu
Full reference:

De Brouwer, Anne-Marie and Sandra Ka Hon Chu, The Men Who Killed Me: Rwandan Survivors of Sexual Violence (Vancouver: Douglas & McIntyre, 2009).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

In the 100 days of genocide that ravaged Rwanda in 1994, one million people were killed and as many as 250,000-500,000 women and girls were raped. No one was spared. Grandmothers were raped in front of their grandchildren; young girls witnessed their families being massacred before being taken as sex slaves. Nearly all the women who survived were victims of sexual violence or were profoundly affected by it. An astounding 70 percent are HIV-positive. In Rwanda’s social and cultural climate, survivors who speak out face discrimination and isolation. ‘The Men Who Killed Me’ features testimonials from 17 Rwandan survivors. Through their narratives and Samer Muscati’s portraits of them, these 16 women and one man bear witness not only to the crimes they and their countrymen endured, but to the incredible courage that has allowed them to survive and flourish.

%%%De Brouwer, Anne-Marie and Sandra Ka Hon Chu%%% %%%De Brouwer et al. - The Men Who Killed Me...%%% %%%Literature%%% %%%Rwanda%%% %%%

De Brouwer, Anne-Marie and Sandra Ka Hon Chu, The Men Who Killed Me: Rwandan Survivors of Sexual Violence (Vancouver: Douglas & McIntyre, 2009).

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In the 100 days of genocide that ravaged Rwanda in 1994, one million people were killed and as many as 250,000-500,000 women and girls were raped. No one was spared. Grandmothers were raped in front of their grandchildren; young girls witnessed their families being massacred before being taken as sex slaves. Nearly all the women who survived were victims of sexual violence or were profoundly affected by it. An astounding 70 percent are HIV-positive. In Rwanda’s social and cultural climate, survivors who speak out face discrimination and isolation. ‘The Men Who Killed Me’ features testimonials from 17 Rwandan survivors. Through their narratives and Samer Muscati’s portraits of them, these 16 women and one man bear witness not only to the crimes they and their countrymen endured, but to the incredible courage that has allowed them to survive and flourish.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Rape%%%Sexual Slavery%%%Survivor%%%HIV%%%Genocide%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%%Rape%%%Sexual slavery%%%Murder%%% %%% %%% %%% %%%

Dolan - Letting Go of the Gender Binary...

Literature

Year:
2014
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Gender violence Discrimination Masculinity Gender-Based Violence
Author:
Dolan, Chris
Full reference:

Dolan, Chris, Letting Go of the Gender Binary: Charting New Pathways for Humanitarian Interventions on Gender-Based Violence, 96(894) International Review of the Red Cross (2014) 485-501.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The mainstream discourse of a decade ago, as embodied in the exclusionary language and logical inconsistencies of the 2005 Inter-Agency Standing Committee’s (IASC) Guidelines, should be of serious concern to humanitarians, reproducing as it does some of the very same oppressive assumptions and frameworks and practices that the goal of gender equality demands be dismantled.

The focus on sexual forms of GBV and on one constituency of victims silenced the experiences of large numbers of other victims and forms of GBV and underlying systemic and institutionalized gender power, thereby constituting a serious obstacle to understanding the full scale and locations of human need, and a corresponding block on realizing the humanitarian imperative “that action should be taken to prevent or alleviate human suffering arising out of disaster or conflict, and that nothing should override this principle”.

Dependence on a partial narrative had the cumulative impact of inverting a patriarchal prioritization of male over female (at least in the need-for-assistance stakes) and replacing one form of discrimination with its almost equally unsatisfactory mirror image. At a grass-roots level, this inversion, by failing to establish common ground between all those whose gender is used against them, has proven self-defeating. The marginalization from assistance of a sizeable segment of those suffering has contributed to the intellectual and political alienation of the victims concerned from the specific political change agenda to which humanitarian response has been yoked, namely the pursuit of a narrowly envisaged male-female gender equality. This marginalization has also had the unfortunate effect of reinforcing patriarchal and heteronormative assumptions about who is rendered vulnerable by their gender - and who we are supposed to assume is immutably resilient by virtue of their gender. To reverse the current malfunction of gender as an analytical, practical and political engine, we must replace women and girls as the default at-risk group with more gender-inclusive formulations.

%%%Dolan, Chris%%% %%%Dolan - Letting Go of the Gender Binary...%%% %%%Literature%%% %%% %%%

Dolan, Chris, Letting Go of the Gender Binary: Charting New Pathways for Humanitarian Interventions on Gender-Based Violence, 96(894) International Review of the Red Cross (2014) 485-501.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The mainstream discourse of a decade ago, as embodied in the exclusionary language and logical inconsistencies of the 2005 Inter-Agency Standing Committee’s (IASC) Guidelines, should be of serious concern to humanitarians, reproducing as it does some of the very same oppressive assumptions and frameworks and practices that the goal of gender equality demands be dismantled.

The focus on sexual forms of GBV and on one constituency of victims silenced the experiences of large numbers of other victims and forms of GBV and underlying systemic and institutionalized gender power, thereby constituting a serious obstacle to understanding the full scale and locations of human need, and a corresponding block on realizing the humanitarian imperative “that action should be taken to prevent or alleviate human suffering arising out of disaster or conflict, and that nothing should override this principle”.

Dependence on a partial narrative had the cumulative impact of inverting a patriarchal prioritization of male over female (at least in the need-for-assistance stakes) and replacing one form of discrimination with its almost equally unsatisfactory mirror image. At a grass-roots level, this inversion, by failing to establish common ground between all those whose gender is used against them, has proven self-defeating. The marginalization from assistance of a sizeable segment of those suffering has contributed to the intellectual and political alienation of the victims concerned from the specific political change agenda to which humanitarian response has been yoked, namely the pursuit of a narrowly envisaged male-female gender equality. This marginalization has also had the unfortunate effect of reinforcing patriarchal and heteronormative assumptions about who is rendered vulnerable by their gender - and who we are supposed to assume is immutably resilient by virtue of their gender. To reverse the current malfunction of gender as an analytical, practical and political engine, we must replace women and girls as the default at-risk group with more gender-inclusive formulations.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Gender violence%%%Discrimination%%%Masculinity%%%Gender-Based Violence%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Male perpetrator%%%Female victim%%% %%%

Eichhorn et al. - Readiness to reconcile and post-traumatic distress...

Literature

Year:
2015
Country:
Germany
Issues:
Socio-cultural context of sexual violence
Keywords:
Rape Sexual war violence Traumatization Psychosocial trauma
Author:
Eichhorn, Svenja, Nadine Stammel, Heide Glaesmer, Thomas Klauer, Harald J. Freyberger, Christine Knaevelsrud and Philipp Kuwert
Full reference:

Eichhorn, Svenja, Nadine Stammel, Heide Glaesmer, Thomas Klauer, Harald J. Freyberger, Christine Knaevelsrud and Philipp Kuwert, Readiness to reconcile and post-traumatic distress in German survivors of wartime rapes in 1945, 27(5) International Psychogeriatrics (2015) 857-864.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Sexual violence and wartime rapes are prevalent crimes in violent conflicts all over the world. Processes of reconciliation are growing challenges in post-conflict settings. Despite this, so far few studies have examined the psychological consequences and their mediating factors. This study aimed at investigating the degree of longtime readiness to reconcile and its associations with post-traumatic distress within a sample of German women who experienced wartime rapes in 1945.

A total of 23 wartime rape survivors were compared to age- and gender-matched controls with WWII-related non-sexual traumatic experiences. Readiness to reconcile was assessed with the Readiness to Reconcile Inventory (RRI-13). The German version of the Post-traumatic Diagnostic Scale (PDS) was used to assess post-traumatic stress disorder (PTSD) symptomatology. Readiness to reconcile in wartime rape survivors was higher in those women who reported less post-traumatic distress, whereas the subscale “openness to interaction” showed the strongest association with post-traumatic symptomatology.

Moreover, wartime rape survivors reported fewer feelings of revenge than women who experienced other traumatization in WWII. The results are in line with previous research, indicating that readiness to reconcile impacts healing processes in the context of conflict-related traumatic experiences. Based on the long-lasting post-traumatic symptomatology the authors observed that their findings highlight the need for psychological treatment of wartime rape survivors worldwide, whereas future research should continue focusing on reconciliation within the therapeutic process.

%%%Eichhorn, Svenja, Nadine Stammel, Heide Glaesmer, Thomas Klauer, Harald J. Freyberger, Christine Knaevelsrud and Philipp Kuwert%%% %%%Eichhorn et al. - Readiness to reconcile and post-traumatic distress...%%% %%%Literature%%% %%%Germany%%% %%%

Eichhorn, Svenja, Nadine Stammel, Heide Glaesmer, Thomas Klauer, Harald J. Freyberger, Christine Knaevelsrud and Philipp Kuwert, Readiness to reconcile and post-traumatic distress in German survivors of wartime rapes in 1945, 27(5) International Psychogeriatrics (2015) 857-864.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence and wartime rapes are prevalent crimes in violent conflicts all over the world. Processes of reconciliation are growing challenges in post-conflict settings. Despite this, so far few studies have examined the psychological consequences and their mediating factors. This study aimed at investigating the degree of longtime readiness to reconcile and its associations with post-traumatic distress within a sample of German women who experienced wartime rapes in 1945.

A total of 23 wartime rape survivors were compared to age- and gender-matched controls with WWII-related non-sexual traumatic experiences. Readiness to reconcile was assessed with the Readiness to Reconcile Inventory (RRI-13). The German version of the Post-traumatic Diagnostic Scale (PDS) was used to assess post-traumatic stress disorder (PTSD) symptomatology. Readiness to reconcile in wartime rape survivors was higher in those women who reported less post-traumatic distress, whereas the subscale “openness to interaction” showed the strongest association with post-traumatic symptomatology.

Moreover, wartime rape survivors reported fewer feelings of revenge than women who experienced other traumatization in WWII. The results are in line with previous research, indicating that readiness to reconcile impacts healing processes in the context of conflict-related traumatic experiences. Based on the long-lasting post-traumatic symptomatology the authors observed that their findings highlight the need for psychological treatment of wartime rape survivors worldwide, whereas future research should continue focusing on reconciliation within the therapeutic process.

%%%Socio-cultural context of sexual violence%%% %%%Rape%%%Sexual war violence%%%Traumatization%%%Psychosocial trauma%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%%Rape%%% %%% %%% %%%Female victim%%% %%%

Gallimore - Militarism, Ethnicity and Sexual Violence...

Literature

Year:
2008
Country:
Rwanda
Issues:
Socio-cultural context of sexual violence
Keywords:
Rape Hutu Militia Masculinity Ethnicity
Author:
Gallimore, Rangira Béa
Full reference:

Gallimore, Rangira Béa, Militarism, Ethnicity and Sexual Violence in the Rwandan Genocide, 10 Feminist Africa (2008) 9-29.

Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This historical and socio-cultural study explores the connection between militarism, gender, ethnicity and sexual violence in Rwanda. It analyzes the evolving connection between masculinity and militarism in Rwanda from pre-colonial times, and the escalation of militarism that preceded 1994 and discusses how the construction of gender as an ethnic boundary marker led to widespread and brutal sexual violence against Tutsi women in the 1994 genocide.

The testimonies cited in this article suggest a sexual mystification of the ‘Tutsi woman’ who became much sought after, particularly by senior military officers. In this respect it is notable that many Tutsi women were raped by the militia, whose members were recruited from the underprivileged and destitute young men of the streets, many of whom had come to the city to make a living, and failed. The genocide had somehow allowed the men from the lower rungs of the social ladder to reach up and touch what had hitherto been out of reach. In many cases, it shows that Hutu militia used rape to demystify Tutsi women and to put an end to the myth of the idealized image of a Tutsi woman.

%%%Gallimore, Rangira Béa%%% %%%Gallimore - Militarism, Ethnicity and Sexual Violence...%%% %%%Literature%%% %%%Rwanda%%% %%%

Gallimore, Rangira Béa, Militarism, Ethnicity and Sexual Violence in the Rwandan Genocide, 10 Feminist Africa (2008) 9-29.

2008 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This historical and socio-cultural study explores the connection between militarism, gender, ethnicity and sexual violence in Rwanda. It analyzes the evolving connection between masculinity and militarism in Rwanda from pre-colonial times, and the escalation of militarism that preceded 1994 and discusses how the construction of gender as an ethnic boundary marker led to widespread and brutal sexual violence against Tutsi women in the 1994 genocide.

The testimonies cited in this article suggest a sexual mystification of the ‘Tutsi woman’ who became much sought after, particularly by senior military officers. In this respect it is notable that many Tutsi women were raped by the militia, whose members were recruited from the underprivileged and destitute young men of the streets, many of whom had come to the city to make a living, and failed. The genocide had somehow allowed the men from the lower rungs of the social ladder to reach up and touch what had hitherto been out of reach. In many cases, it shows that Hutu militia used rape to demystify Tutsi women and to put an end to the myth of the idealized image of a Tutsi woman.

%%%Socio-cultural context of sexual violence%%% %%%Rape%%%Hutu%%%Militia%%%Masculinity%%%Ethnicity%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%% %%% %%%Genocide%%% %%%Rape%%% %%% %%% %%%Female victim%%%Male perpetrator%%% %%%

Green - Gender Hate Propaganda and Sexual Violence...

Literature

Country:
Rwanda
Issues:
Socio-cultural context of sexual violence
Keywords:
Media Racist propaganda Genocide
Author:
Green, Llezlie L.
Full reference:

Green, Llezlie L., Gender Hate Propaganda and Sexual Violence in the Rwandan Genocide: An Argument for Intersectionality in International Law, 33 Columbia Human Rights Law Review (2002) 733-776.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

Using the ‘media trial’ at the International Criminal Tribunal for Rwanda (ICTR) as an example, the author argues that to effectively address the violence committed against Tutsi women during the Rwandan Genocide, the ICTR must recognize the violence was both sexist and racist. The author presents a general background on the Rwandan genocide, the propaganda campaign and its effect on Tutsi women. The author concludes that there is a lack of an intersectional analysis in the ICTR’s statute and other international treaties to address the violence and presents an alternative framework for prosecuting the gendered racist propaganda.

%%%Green, Llezlie L.%%% %%%Green - Gender Hate Propaganda and Sexual Violence...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Green, Llezlie L., Gender Hate Propaganda and Sexual Violence in the Rwandan Genocide: An Argument for Intersectionality in International Law, 33 Columbia Human Rights Law Review (2002) 733-776.

%%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Using the ‘media trial’ at the International Criminal Tribunal for Rwanda (ICTR) as an example, the author argues that to effectively address the violence committed against Tutsi women during the Rwandan Genocide, the ICTR must recognize the violence was both sexist and racist. The author presents a general background on the Rwandan genocide, the propaganda campaign and its effect on Tutsi women. The author concludes that there is a lack of an intersectional analysis in the ICTR’s statute and other international treaties to address the violence and presents an alternative framework for prosecuting the gendered racist propaganda.

%%%Socio-cultural context of sexual violence%%% %%%Media%%%Racist propaganda%%%Genocide%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%% %%% %%% %%% %%%Female victim%%%Male perpetrator%%% %%%

Henry et al. - A Multifactorial Model of Wartime Rape

Literature

Year:
2004
Country:
Bosnia Herzegovina
Issues:
Socio-cultural context of sexual violence
Keywords:
Rape Sexual war violence Mass Rape Peace Soldiers
Author:
Henry, Nicola, Tony Ward and Matt Hirshberg
Full reference:

Henry, Nicola, Tony Ward and Matt Hirshberg, A Multifactorial Model of Wartime Rape, 9 Aggression and Violent Behavior (2004) 535-562.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

Sexual violence against women represents a horrifying social reality that continues to pervade contemporary war environments. The subject of wartime rape has gained increasing academic prominence since the mass rapes in the Bosnia-Herzegovina conflict. However, the current literature has paid little attention to the psychology of the offender; thus, the issue of wartime rape has remained perplexing. In response to some of the major shortcomings in the literature, namely a theoretical vacuum, this paper represents an integrative analysis of why soldiers rape in wartime.

The examination of offender psychology through a variety of theoretical lenses enables an extensive analysis of individual, sociocultural, and situational variables that facilitate sexual aggression in wartime contexts. The incorporation of these variables into a comprehensive, multifactorial framework recognizes that wartime rape is a multidimensional phenomenon that has its roots in peacetime culture.

%%%Henry, Nicola, Tony Ward and Matt Hirshberg%%% %%%Henry et al. - A Multifactorial Model of Wartime Rape%%% %%%Literature%%% %%%Bosnia Herzegovina%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Henry, Nicola, Tony Ward and Matt Hirshberg, A Multifactorial Model of Wartime Rape, 9 Aggression and Violent Behavior (2004) 535-562.

2004 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence against women represents a horrifying social reality that continues to pervade contemporary war environments. The subject of wartime rape has gained increasing academic prominence since the mass rapes in the Bosnia-Herzegovina conflict. However, the current literature has paid little attention to the psychology of the offender; thus, the issue of wartime rape has remained perplexing. In response to some of the major shortcomings in the literature, namely a theoretical vacuum, this paper represents an integrative analysis of why soldiers rape in wartime.

The examination of offender psychology through a variety of theoretical lenses enables an extensive analysis of individual, sociocultural, and situational variables that facilitate sexual aggression in wartime contexts. The incorporation of these variables into a comprehensive, multifactorial framework recognizes that wartime rape is a multidimensional phenomenon that has its roots in peacetime culture.

%%%Socio-cultural context of sexual violence%%% %%%Rape%%%Sexual war violence%%%Mass Rape%%%Peace%%%Soldiers%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Rape%%% %%% %%% %%% %%%

Hirschauer - The Secularization of Rape...

Literature

Year:
2014
Country:
Rwanda, Bosnia Herzegovina
Issues:
Sexual violence as a weapon of war
Keywords:
Rape Mass Rape Genocide
Author:
Hirschauer, Sabine
Full reference:

Hirschauer, Sabine, The Secularization of Rape: Women, War and Sexual Violence (UK: Palgrave Macmillan 2014).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR)
Description:

This book applies securitization theory to the mass sexual violence atrocities committed during the Bosnia war and the Rwandan genocide. Examining the inherent links between rape, war and global security, Hirschauer analyses the complexities of conflict related sexual violence.

%%%Hirschauer, Sabine%%% %%%Hirschauer - The Secularization of Rape...%%% %%%Literature%%% %%%Rwanda%%%Bosnia Herzegovina%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Criminal Tribunal for Rwanda (ICTR)%%%

Hirschauer, Sabine, The Secularization of Rape: Women, War and Sexual Violence (UK: Palgrave Macmillan 2014).

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This book applies securitization theory to the mass sexual violence atrocities committed during the Bosnia war and the Rwandan genocide. Examining the inherent links between rape, war and global security, Hirschauer analyses the complexities of conflict related sexual violence.

%%%Sexual violence as a weapon of war%%% %%%Rape%%%Mass Rape%%%Genocide%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%% %%% %%% %%% %%% %%%

Hossain et al. - Men's and Women's Experiences of Violence ...

Literature

Year:
2014
Country:
Côte d’Ivoire
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Partner violence Rape Gender-Based Violence, Armed Conflict Sexual war violence
Author:
Hossain, Mazeda, Cathy Zimmerman, Ligia Kiss, Drissa Kone, Monika Bakayoko-Topolska, David Manan K A, Heidi Lehmann, Charlotte Watts
Full reference:

Hossain, Mazeda, Cathy Zimmerman, Ligia Kiss, Drissa Kone, Monika Bakayoko-Topolska, David Manan K A, Heidi Lehmann, Charlotte Watts, Men’s and Women’s Experiences of Violence and Traumatic Events in Rural Côte d’Ivoire Before, During and After a Period of Armed Conflict, 4 BMJ Open (2014) 1-9.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The authors assessed men’s and women’s experiences of gender based violence and other traumatic events in Côte d’Ivoire, a West African conflict-affected setting, before, during and after a period of active armed conflict (2000–2007). They did so by means of cross-sectional, household survey in 12 rural communities directly impacted by the Crisis in Côte d’Ivoire, spanning regions controlled by government forces, rebels and UN peacekeepers in 2008.

A total of 2678 men and women aged 15–49 years participated in this study. The primary outcome established that violence exposures measured since age 15. Questions included intimate partner physical and sexual violence; physical and sexual violence by others (including combatants) and exposure to traumatic events before, during and after the Crisis period (2000-2007). Results: Physical and/or sexual violence since age 15 was reported by 57.1% women and 40.2% men (p=0.01); 29.9% women and 12.3% men reported exposure to any violence in the past year. Nearly 1 in 10 women (9.9%) and 5.9% men (p=0.03) were forced to have sex by a non-partner since age 15, and 14.8% women and 3.3% men (p=0.00) reported their first sexual experience was forced. Combatants were rarely reported as sexual violence perpetrators (0.3% women).

After the Crisis, intimate partner physical violence was the most frequently reported form of violence and highest among women (20.9% women, 9.9% men, p=0.00). Fearing for their life was reported by men and women before, during and after the Crisis. Conclusions: Sexual violence in conflict remains a critical international policy concern. However, men and women experience different types of violence before, during and after conflict. In many conflict settings, other forms of violence, including intimate partner violence, may be more widespread than conflict-related sexual violence.

Alongside service provision for rape survivors, the authors’ findings underscore the need for postconflict reconstruction efforts to invest in programs to prevent and respond to intimate partner violence and trauma.

%%%Hossain, Mazeda, Cathy Zimmerman, Ligia Kiss, Drissa Kone, Monika Bakayoko-Topolska, David Manan K A, Heidi Lehmann, Charlotte Watts%%% %%%Hossain et al. - Men's and Women's Experiences of Violence ...%%% %%%Literature%%% %%%Côte d’Ivoire%%% %%%

Hossain, Mazeda, Cathy Zimmerman, Ligia Kiss, Drissa Kone, Monika Bakayoko-Topolska, David Manan K A, Heidi Lehmann, Charlotte Watts, Men’s and Women’s Experiences of Violence and Traumatic Events in Rural Côte d’Ivoire Before, During and After a Period of Armed Conflict, 4 BMJ Open (2014) 1-9.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The authors assessed men’s and women’s experiences of gender based violence and other traumatic events in Côte d’Ivoire, a West African conflict-affected setting, before, during and after a period of active armed conflict (2000–2007). They did so by means of cross-sectional, household survey in 12 rural communities directly impacted by the Crisis in Côte d’Ivoire, spanning regions controlled by government forces, rebels and UN peacekeepers in 2008.

A total of 2678 men and women aged 15–49 years participated in this study. The primary outcome established that violence exposures measured since age 15. Questions included intimate partner physical and sexual violence; physical and sexual violence by others (including combatants) and exposure to traumatic events before, during and after the Crisis period (2000-2007). Results: Physical and/or sexual violence since age 15 was reported by 57.1% women and 40.2% men (p=0.01); 29.9% women and 12.3% men reported exposure to any violence in the past year. Nearly 1 in 10 women (9.9%) and 5.9% men (p=0.03) were forced to have sex by a non-partner since age 15, and 14.8% women and 3.3% men (p=0.00) reported their first sexual experience was forced. Combatants were rarely reported as sexual violence perpetrators (0.3% women).

After the Crisis, intimate partner physical violence was the most frequently reported form of violence and highest among women (20.9% women, 9.9% men, p=0.00). Fearing for their life was reported by men and women before, during and after the Crisis. Conclusions: Sexual violence in conflict remains a critical international policy concern. However, men and women experience different types of violence before, during and after conflict. In many conflict settings, other forms of violence, including intimate partner violence, may be more widespread than conflict-related sexual violence.

Alongside service provision for rape survivors, the authors’ findings underscore the need for postconflict reconstruction efforts to invest in programs to prevent and respond to intimate partner violence and trauma.

%%%Definitions/elements of sexual violence crimes%%% %%%Partner violence%%%Rape%%%Gender-Based Violence, Armed Conflict%%%Sexual war violence%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Female victim%%%Minor victim%%%Male victim%%% %%%

Hynes et al. - A Determination of the Prevalence of Gender based Violence...

Literature

Year:
2004
Country:
East Timor
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Gender-Based Violence Partner violence Physical violence
Author:
Hynes, Michelle et al.
Full reference:

Hynes, Michelle et al., A Determination of the Prevalence of Gender-based Violence among Conflict-affected Populations in East Timor, 28(3) Disasters (2004) 294-321.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The Reproductive Health Response in Conflict (RHRC) Consortium designed a standardized questionnaire to measure gender-based violence (GBV) prevalence in conflict-affected settings. A preliminary field test was undertaken July-August 2002 in one urban and one rural district in East Timor to assess the prevalence of GBV among women 18-49 years of age during and after conflict. The field test used a cross-sectional survey design with a two-stage random selection process. During the year preceding East Timor’s 1999 crisis, 23.8 per cent of respondents reported physical assault by an intimate partner; this rate was not significantly different in the year preceding the survey (24.8 per cent). Assault by perpetrators outside the family declined significantly from 24.2 per cent during the crisis to 5.8 per cent post-crisis for physical assault (p<.001) and 22.7 per cent during the crisis to 9.7 per cent post-crisis for sexual assault (p=0.046). The field test stimulated and informed additional research in East Timor, and the complementary findings of these research initiatives continue to be used to develop local policies and programming to prevent and address GBV.

%%%Hynes, Michelle et al.%%% %%%Hynes et al. - A Determination of the Prevalence of Gender based Violence...%%% %%%Literature%%% %%%East Timor%%% %%%

Hynes, Michelle et al., A Determination of the Prevalence of Gender-based Violence among Conflict-affected Populations in East Timor, 28(3) Disasters (2004) 294-321.

2004 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The Reproductive Health Response in Conflict (RHRC) Consortium designed a standardized questionnaire to measure gender-based violence (GBV) prevalence in conflict-affected settings. A preliminary field test was undertaken July-August 2002 in one urban and one rural district in East Timor to assess the prevalence of GBV among women 18-49 years of age during and after conflict. The field test used a cross-sectional survey design with a two-stage random selection process. During the year preceding East Timor’s 1999 crisis, 23.8 per cent of respondents reported physical assault by an intimate partner; this rate was not significantly different in the year preceding the survey (24.8 per cent). Assault by perpetrators outside the family declined significantly from 24.2 per cent during the crisis to 5.8 per cent post-crisis for physical assault (p<.001) and 22.7 per cent during the crisis to 9.7 per cent post-crisis for sexual assault (p=0.046). The field test stimulated and informed additional research in East Timor, and the complementary findings of these research initiatives continue to be used to develop local policies and programming to prevent and address GBV.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Gender-Based Violence%%%Partner violence%%%Physical violence%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Female victim%%% %%%

Johnson et al. - Association of Combatant Status...

Literature

Year:
2008
Country:
Liberia
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Sexual Violence Psychosocial trauma Combatants/Non Combatants
Author:
Johnson, Kirsten et al.
Full reference:

Johnson, Kirsten et al., Association of Combatant Status and Sexual Violence with Health and Mental Health Outcomes in Postconflict Liberia’, 300 Journal of the American Medical Association (JAMA) (2008) 676-690.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Liberia’s wars since 1989 have cost tens of thousands of lives and left many people mentally and physically traumatized. To assess the prevalence and impact of war-related psychosocial trauma, including information on participation in the Liberian civil wars, exposure to sexual violence, social functioning, and mental health.

A cross-sectional, population-based, multistage random cluster survey of 1666 adults aged 18 years or older using structured interviews and questionnaires, conducted during a 3-week period in May 2008 in Liberia. Symptoms of major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), social functioning, exposure to sexual violence, and health and mental health needs among Liberian adults who witnessed or participated in the conflicts during the last 2 decades. In the Liberian adult household-based population, 40% (95% confidence interval [CI], 36%-45%; n = 672/1659) met symptom criteria for MDD, 44% (95% CI, 38%-49%; n = 718/1661) met symptom criteria for PTSD, and 8% (95% CI, 5%-10%; n = 133/1666) met criteria for social dysfunction. Thirty-three percent of respondents (549/1666) reported having served time with fighting forces, and 33.2% of former combatant respondents (182/549) were female. Former combatants experienced higher rates of exposure to sexual violence than noncombatants: among females, 42.3% (95% CI, 35.4%-49.1%) vs 9.2% (95% CI, 6.7%-11.7%), respectively; among males, 32.6% (95% CI, 27.6%-37.6%) vs 7.4% (95% CI, 4.5%-10.4%). The rates of symptoms of PTSD, MDD, and suicidal ideation were higher among former combatants than noncombatants and among those who experienced sexual violence vs those who did not. The prevalence of PTSD symptoms among female former combatants who experienced sexual violence (74%; 95% CI, 63%-84%) was higher than among those who did not experience sexual violence (44%; 95% CI, 33%-53%). The prevalence of PTSD symptoms among male former combatants who experienced sexual violence was higher (81%; 95% CI, 74%-87%) than among male former combatants who did not experience sexual violence (46%; 95% CI, 39%-52%). Male former combatants who experienced sexual violence also reported higher rates of symptoms of depression and suicidal ideation. Both former combatants and noncombatants experienced inadequate access to health care (33.0% [95% CI, 22.6%-43.4%] and 30.1% [95% CI, 18.7%-41.6%], respectively). Former combatants in Liberia were not exclusively male. Both female and male former combatants who experienced sexual violence had worse mental health outcomes than noncombatants and other former combatants who did not experience exposure to sexual violence.

%%%Johnson, Kirsten et al.%%% %%%Johnson et al. - Association of Combatant Status...%%% %%%Literature%%% %%%Liberia%%% %%%

Johnson, Kirsten et al., Association of Combatant Status and Sexual Violence with Health and Mental Health Outcomes in Postconflict Liberia’, 300 Journal of the American Medical Association (JAMA) (2008) 676-690.

2008 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Liberia’s wars since 1989 have cost tens of thousands of lives and left many people mentally and physically traumatized. To assess the prevalence and impact of war-related psychosocial trauma, including information on participation in the Liberian civil wars, exposure to sexual violence, social functioning, and mental health.

A cross-sectional, population-based, multistage random cluster survey of 1666 adults aged 18 years or older using structured interviews and questionnaires, conducted during a 3-week period in May 2008 in Liberia. Symptoms of major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), social functioning, exposure to sexual violence, and health and mental health needs among Liberian adults who witnessed or participated in the conflicts during the last 2 decades. In the Liberian adult household-based population, 40% (95% confidence interval [CI], 36%-45%; n = 672/1659) met symptom criteria for MDD, 44% (95% CI, 38%-49%; n = 718/1661) met symptom criteria for PTSD, and 8% (95% CI, 5%-10%; n = 133/1666) met criteria for social dysfunction. Thirty-three percent of respondents (549/1666) reported having served time with fighting forces, and 33.2% of former combatant respondents (182/549) were female. Former combatants experienced higher rates of exposure to sexual violence than noncombatants: among females, 42.3% (95% CI, 35.4%-49.1%) vs 9.2% (95% CI, 6.7%-11.7%), respectively; among males, 32.6% (95% CI, 27.6%-37.6%) vs 7.4% (95% CI, 4.5%-10.4%). The rates of symptoms of PTSD, MDD, and suicidal ideation were higher among former combatants than noncombatants and among those who experienced sexual violence vs those who did not. The prevalence of PTSD symptoms among female former combatants who experienced sexual violence (74%; 95% CI, 63%-84%) was higher than among those who did not experience sexual violence (44%; 95% CI, 33%-53%). The prevalence of PTSD symptoms among male former combatants who experienced sexual violence was higher (81%; 95% CI, 74%-87%) than among male former combatants who did not experience sexual violence (46%; 95% CI, 39%-52%). Male former combatants who experienced sexual violence also reported higher rates of symptoms of depression and suicidal ideation. Both former combatants and noncombatants experienced inadequate access to health care (33.0% [95% CI, 22.6%-43.4%] and 30.1% [95% CI, 18.7%-41.6%], respectively). Former combatants in Liberia were not exclusively male. Both female and male former combatants who experienced sexual violence had worse mental health outcomes than noncombatants and other former combatants who did not experience exposure to sexual violence.

%%%Definitions/elements of sexual violence crimes%%% %%%Sexual Violence%%%Psychosocial trauma%%%Combatants/Non Combatants%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Male victim%%%Female victim%%% %%%

Johnson et al. - Association of Sexual Violence and Human Rights Violations

Literature

Year:
2010
Country:
Democratic Republic of Congo (DRC)
Issues:
Sexual violence against men Female perpetrators of sexual violence Socio-cultural context of sexual violence
Keywords:
Human right abuses Psychosocial trauma Ill-health Mental health disorders
Author:
Johnson, Kirsten, et al.
Full reference:

Johnson, Kirsten, et al., Association of Sexual Violence and Human Rights Violations with Physical and Mental Health in Territories of the Eastern Democratic Republic of the Congo, 304(5) Journal of the American Medical Association (JAMA) (2010) 553-562.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Studies from the Eastern Region of the Democratic Republic of the Congo (DRC) have provided anecdotal reports of sexual violence. This study offers a population-based assessment of the prevalence of sexual violence and human rights abuses in specific territories within Eastern DRC. To assess the prevalence of and correlations with sexual violence and human rights violations on residents of specific territories of Eastern DRC including information on basic needs, health care access, and physical and mental health. A cross-sectional, population-based, cluster survey of 998 adults aged 18 years or older using structured interviews and questionnaires, conducted over a 4-week period in March 2010. Sexual violence prevalence and characteristics, symptoms of major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), human rights abuses, and physical and mental health needs among Congolese adults in specific territories of Eastern DRC. Of the 1005 households surveyed 998 households participated, yielding a response rate of 98.9%. Rates of reported sexual violence were 39.7% (95% confidence interval [CI], 32.2%-47.2%; n = 224/586) among women and 23.6% (95% CI, 17.3%-29.9%; n = 107/399) among men. Women reported to have perpetrated conflict-related sexual violence in 41.1% (95% CI, 25.6%-56.6%; n = 54/148) of female cases and 10.0% (95% CI, 1.5%-18.4%; n = 8/66) of male cases. Sixty-seven percent (95% CI, 59.0%-74.5%; n = 615/998) of households reported incidents of conflict-related human rights abuses. Forty-one percent (95% CI, 35.3%-45.8%; n = 374/991) of the represented adult population met symptom criteria for MDD and 50.1% (95% CI, 43.8%-56.3%; n = 470/989) for PTSD. Self-reported sexual violence and other human rights violations were prevalent in specific territories of Eastern DRC and were associated with physical and mental health outcomes.

%%%Johnson, Kirsten, et al.%%% %%%Johnson et al. - Association of Sexual Violence and Human Rights Violations%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Johnson, Kirsten, et al., Association of Sexual Violence and Human Rights Violations with Physical and Mental Health in Territories of the Eastern Democratic Republic of the Congo, 304(5) Journal of the American Medical Association (JAMA) (2010) 553-562.

2010 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Studies from the Eastern Region of the Democratic Republic of the Congo (DRC) have provided anecdotal reports of sexual violence. This study offers a population-based assessment of the prevalence of sexual violence and human rights abuses in specific territories within Eastern DRC. To assess the prevalence of and correlations with sexual violence and human rights violations on residents of specific territories of Eastern DRC including information on basic needs, health care access, and physical and mental health. A cross-sectional, population-based, cluster survey of 998 adults aged 18 years or older using structured interviews and questionnaires, conducted over a 4-week period in March 2010. Sexual violence prevalence and characteristics, symptoms of major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), human rights abuses, and physical and mental health needs among Congolese adults in specific territories of Eastern DRC. Of the 1005 households surveyed 998 households participated, yielding a response rate of 98.9%. Rates of reported sexual violence were 39.7% (95% confidence interval [CI], 32.2%-47.2%; n = 224/586) among women and 23.6% (95% CI, 17.3%-29.9%; n = 107/399) among men. Women reported to have perpetrated conflict-related sexual violence in 41.1% (95% CI, 25.6%-56.6%; n = 54/148) of female cases and 10.0% (95% CI, 1.5%-18.4%; n = 8/66) of male cases. Sixty-seven percent (95% CI, 59.0%-74.5%; n = 615/998) of households reported incidents of conflict-related human rights abuses. Forty-one percent (95% CI, 35.3%-45.8%; n = 374/991) of the represented adult population met symptom criteria for MDD and 50.1% (95% CI, 43.8%-56.3%; n = 470/989) for PTSD. Self-reported sexual violence and other human rights violations were prevalent in specific territories of Eastern DRC and were associated with physical and mental health outcomes.

%%%Sexual violence against men%%%Female perpetrators of sexual violence%%%Socio-cultural context of sexual violence%%% %%%Human right abuses%%%Psychosocial trauma%%%Ill-health%%%Mental health disorders%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Male perpetrator%%%Female perpetrator%%%Male victim%%%Female victim%%% %%%

Kaboru et al. - Knowledge and Attitudes Towards Sexual Violence

Literature

Year:
2014
Country:
Democratic Republic of Congo (DRC)
Issues:
Socio-cultural context of sexual violence
Keywords:
Sexual Violence Unwanted pregnancy HIV
Author:
Kaboru, Berthollet Bwira, Gunnel Andersson, Catrin Borneskog, Annsofie Adolfsson and Edmond Ntabe Namegabe
Full reference:

Kaboru, Berthollet Bwira, Gunnel Andersson, Catrin Borneskog, Annsofie Adolfsson and Edmond Ntabe Namegabe, Knowledge and Attitudes Towards Sexual Violence in Conflict-Affected Rural Communities in the Walikale District, DR Congo: Implications for Rural Health Services, 1(2) Ann Public Health Res (2014) 1009.

Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Sexual violence has become endemic in the Democratic Republic of Congo (DRC), but the perspectives of rural communities of the scourge remain poorly researched. This study aims to describe the attitudes and knowledge of rural communities in regard to sexual violence, its occurrence and associated problems in rural communities in the Itebero/Walikale district in the DRC.

A descriptive cross-sectional design was adopted, and a structured questionnaire used. Four hundred respondents participated, representing a group of ten villages populated by a total of 10,000 inhabitants. The respondents stated that perpetrators were often men from their own village. The fields were cited as being the place where most of the assaults occurred. A substantial proportion of the respondents lacked sufficient knowledge of the health outcomes of sexual violence. HIV infection and unwanted pregnancies were the most feared consequences. The victims of violence either experienced compassion or suffered rejection, depending on the community groups. Victims were mostly supported by women from their community, followed by husbands, relatives and authorities. Health facilities were the primary sources of support for victims. Rural health facilities need to revolutionize their health education strategies to improve the current situation.

 

 

(Legal) Significance:


%%%Kaboru, Berthollet Bwira, Gunnel Andersson, Catrin Borneskog, Annsofie Adolfsson and Edmond Ntabe Namegabe%%% %%%Kaboru et al. - Knowledge and Attitudes Towards Sexual Violence%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Kaboru, Berthollet Bwira, Gunnel Andersson, Catrin Borneskog, Annsofie Adolfsson and Edmond Ntabe Namegabe, Knowledge and Attitudes Towards Sexual Violence in Conflict-Affected Rural Communities in the Walikale District, DR Congo: Implications for Rural Health Services, 1(2) Ann Public Health Res (2014) 1009.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence has become endemic in the Democratic Republic of Congo (DRC), but the perspectives of rural communities of the scourge remain poorly researched. This study aims to describe the attitudes and knowledge of rural communities in regard to sexual violence, its occurrence and associated problems in rural communities in the Itebero/Walikale district in the DRC.

A descriptive cross-sectional design was adopted, and a structured questionnaire used. Four hundred respondents participated, representing a group of ten villages populated by a total of 10,000 inhabitants. The respondents stated that perpetrators were often men from their own village. The fields were cited as being the place where most of the assaults occurred. A substantial proportion of the respondents lacked sufficient knowledge of the health outcomes of sexual violence. HIV infection and unwanted pregnancies were the most feared consequences. The victims of violence either experienced compassion or suffered rejection, depending on the community groups. Victims were mostly supported by women from their community, followed by husbands, relatives and authorities. Health facilities were the primary sources of support for victims. Rural health facilities need to revolutionize their health education strategies to improve the current situation.

 

 


%%%Socio-cultural context of sexual violence%%% %%%Sexual Violence%%%Unwanted pregnancy%%%HIV%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%% %%% %%% %%% %%% %%% %%%Male perpetrator%%% %%%

Kirby - Ending Sexual Violence in Conflict...

Literature

Year:
2015
Issues:
Achievements and challenges of sexual violence prosecution Sexual violence against men
Keywords:
London Summit UN Security Council Resolution 1325 Gender-Based Violence Rape as a weapon of war Sexual violence against men/boy
Author:
Kirby, Paul
Full reference:

Kirby, Paul, Ending Sexual Violence in Conflict: The Preventing Sexual Violence Initiative and its Critics, 91(3) International Affairs (2015) 457-472.

 

 

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

During the past year, the UK Government has become the lead advocate for a perhaps surprising foreign policy goal: ending sexual violence in conflict. The participation of government representatives from more than 120 countries in a London Summit in June 2014 was the clearest manifestation of this project. This article offers an early assessment of the Preventing Sexual Violence Initiative (PSVI) and situates it within the history of global action against sexual and gender-based violence from UN Security Council Resolution 1325 onwards, with a particular focus on three key developments. First, the PSVI has embraced the already common understanding of rape as a ‘weapon of war’, and has stressed the importance of military training and accountability. This has exposed the tensions within global policy between a focus on all forms of sexual violence (including intimate partner violence in and out of conflict situations) on the one hand, and war zone activities on the other.

Second, the Initiative has placed great emphasis on ending impunity, which implicates it in ongoing debates about the role of international and local justice as an effective response to atrocity. Third, men and boys have been foregrounded as ignored victims of sexual and gender-based violence. The PSVI has been crucial to that recognition, but faces significant challenges in operationalizing its commitment and in avoiding damage to existing programs to end violence against women and girls. The success of the Initiative will depend on its ability to navigate these challenges in multiple arenas of global politics.

(Legal) Significance:


%%%Kirby, Paul%%% %%%Kirby - Ending Sexual Violence in Conflict...%%% %%%Literature%%% %%% %%%

Kirby, Paul, Ending Sexual Violence in Conflict: The Preventing Sexual Violence Initiative and its Critics, 91(3) International Affairs (2015) 457-472.

 

 

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

During the past year, the UK Government has become the lead advocate for a perhaps surprising foreign policy goal: ending sexual violence in conflict. The participation of government representatives from more than 120 countries in a London Summit in June 2014 was the clearest manifestation of this project. This article offers an early assessment of the Preventing Sexual Violence Initiative (PSVI) and situates it within the history of global action against sexual and gender-based violence from UN Security Council Resolution 1325 onwards, with a particular focus on three key developments. First, the PSVI has embraced the already common understanding of rape as a ‘weapon of war’, and has stressed the importance of military training and accountability. This has exposed the tensions within global policy between a focus on all forms of sexual violence (including intimate partner violence in and out of conflict situations) on the one hand, and war zone activities on the other.

Second, the Initiative has placed great emphasis on ending impunity, which implicates it in ongoing debates about the role of international and local justice as an effective response to atrocity. Third, men and boys have been foregrounded as ignored victims of sexual and gender-based violence. The PSVI has been crucial to that recognition, but faces significant challenges in operationalizing its commitment and in avoiding damage to existing programs to end violence against women and girls. The success of the Initiative will depend on its ability to navigate these challenges in multiple arenas of global politics.


%%%Achievements and challenges of sexual violence prosecution%%%Sexual violence against men%%% %%%London Summit%%%UN Security Council Resolution 1325%%%Gender-Based Violence%%%Rape as a weapon of war%%%Sexual violence against men/boy%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Male victim%%%Female victim%%%Minor victim%%% %%%

Kramer - Forced Marriage and the Absence of Gang Rape

Literature

Year:
2012
Country:
Uganda
Issues:
Socio-cultural context of sexual violence
Keywords:
Gang rape Forced marriage Soldiers Sexual war violence Attack against a civilian population
Author:
Kramer, Sophie
Full reference:

Kramer, Sophie, Forced Marriage and the Absence of Gang Rape: Explaining Sexual Violence by the Lord’s Resistance Army in Northern Uganda, 23(10 The Journal of Politics and Society (2012) 11-49.

Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This article examines the practices of sexual violence employed by the LRA during its rebellion in northern Uganda and analyzes the functional purpose of its violence. Although the literature on wartime sexual violence predicted widespread gang rape of civilians by the LRA, empirical evidence contradicts this theory. Through the use of secondary data analysis, the author contends that the LRA’s observed patterns of sexual violence result largely from its operating in an environment with few material resources and lack of popular support for an army composed almost entirely of abducted youth. Forced marriage helped maintain the army under these circumstances. Wives were distributed as compensation and status markers for soldiers in the absence of material goods, and families were fabricated to create networks of interdependency among the combatants.

The LRA leadership prohibited rape outside of marriage, because the practice was not instrumental to the rebels’ success. Controlling sexual violence re?ects not only cultural norms against rape but also the leadership’s need to exert control over its army of forcibly recruited soldiers. Brutal nonsexual forms of violence were promoted instead of gang rape to induce cohesion and loyalty among abductees. In contrast to the claim that gang rape best unites a group of abducted soldiers, the LRA’s ferocious, nonsexual violence was successful at increasing the rebels’ efficacy while avoiding the cultural and practical complications of extramarital rape. Thus, according to the author, different forms of sexual violence have varying purposes, and there is a logic behind the rebels’ repertoire of violence, which may require further research in other situations as well.

%%%Kramer, Sophie%%% %%%Kramer - Forced Marriage and the Absence of Gang Rape%%% %%%Literature%%% %%%Uganda%%% %%%

Kramer, Sophie, Forced Marriage and the Absence of Gang Rape: Explaining Sexual Violence by the Lord’s Resistance Army in Northern Uganda, 23(10 The Journal of Politics and Society (2012) 11-49.

2012 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article examines the practices of sexual violence employed by the LRA during its rebellion in northern Uganda and analyzes the functional purpose of its violence. Although the literature on wartime sexual violence predicted widespread gang rape of civilians by the LRA, empirical evidence contradicts this theory. Through the use of secondary data analysis, the author contends that the LRA’s observed patterns of sexual violence result largely from its operating in an environment with few material resources and lack of popular support for an army composed almost entirely of abducted youth. Forced marriage helped maintain the army under these circumstances. Wives were distributed as compensation and status markers for soldiers in the absence of material goods, and families were fabricated to create networks of interdependency among the combatants.

The LRA leadership prohibited rape outside of marriage, because the practice was not instrumental to the rebels’ success. Controlling sexual violence re?ects not only cultural norms against rape but also the leadership’s need to exert control over its army of forcibly recruited soldiers. Brutal nonsexual forms of violence were promoted instead of gang rape to induce cohesion and loyalty among abductees. In contrast to the claim that gang rape best unites a group of abducted soldiers, the LRA’s ferocious, nonsexual violence was successful at increasing the rebels’ efficacy while avoiding the cultural and practical complications of extramarital rape. Thus, according to the author, different forms of sexual violence have varying purposes, and there is a logic behind the rebels’ repertoire of violence, which may require further research in other situations as well.

%%%Socio-cultural context of sexual violence%%% %%%Gang rape%%%Forced marriage%%%Soldiers%%%Sexual war violence%%%Attack against a civilian population%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%% %%% %%% %%% %%% %%%Military Services%%% %%%Male perpetrator%%%Female victim%%%Minor victim%%% %%%

Leatherman - Sexual Violence and Armed Conflict

Literature

Year:
2011
Country:
Former Yugoslavia, Uganda, Sri Lanka
Issues:
Definitions/elements of sexual violence crimes
Keywords:
LRA (Lord’s Resistance Army) LTTE (Liberation Tigers of Tamil Eelam) Masculinity Rape Sexual Violence
Author:
Leatherman, Janie
Full reference:

Leatherman, Janie, Sexual Violence and Armed Conflict (Cambridge: Polity 2011).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This book explores the complex dynamics that lead to rape and sexual abuse in war. The book is divided into 6 chapters, beginning with an overview of the phenomenon and the prevailing theories that have attempted to explain it (essentialism, structuralism, and social constructivism).

Chapter 2 puts forward the idea of sexual violence in conflict as a “runaway norm” based on type of violence, targets of violence, agency, and the erosion of neutrality and safe space in conflict.

Chapters 3 and 4 trace the evolution of sexual violence from preconflict to postconflict, with attention to phases of active conflict and displacement.

In chapter 5, Leatherman offers a new framework for understanding sexual violence in armed conflict through an examination of the intersection of social construction of gender – which Leatherman terms “hegemonicmasculinity” – and the global political economy of war.

Chapter 6 concludes with an analysis of strategies of protection, accountability, and reconciliation. Leatherman uses richly detailed case studies to explore the concepts she is attempting to elucidate. Drawing on examples from the LRA (Lord’s Resistance Army) in Uganda, to the former Yugoslavia, to the LTTE (Liberation Tigers of Tamil Eelam) in Sri Lanka, the author discusses the concept of runaway norms as a special class of norms established during conflict that produce social harms or public ills. According to the author, these new wartime norms are created through the social construction of allied hegemonic masculinities that shape the power relations of economic opportunities in marginalized parts of the world. Much of the discussion focuses on how conflict has changed since the Cold War, with the author arguing that failed states in Africa and beyond are linked to the global political economy and have a primary goal of “wealth accumulation through criminal means.” Rape and other forms of sexual violence are viewed by Leatherman as tools for solidifying the identity of militarized masculinity or hypermasculinity and maintaining power over productive and reproductive economies.

%%%Leatherman, Janie%%% %%%Leatherman - Sexual Violence and Armed Conflict%%% %%%Literature%%% %%%Former Yugoslavia%%%Uganda%%%Sri Lanka%%% %%%

Leatherman, Janie, Sexual Violence and Armed Conflict (Cambridge: Polity 2011).

2011 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This book explores the complex dynamics that lead to rape and sexual abuse in war. The book is divided into 6 chapters, beginning with an overview of the phenomenon and the prevailing theories that have attempted to explain it (essentialism, structuralism, and social constructivism).

Chapter 2 puts forward the idea of sexual violence in conflict as a “runaway norm” based on type of violence, targets of violence, agency, and the erosion of neutrality and safe space in conflict.

Chapters 3 and 4 trace the evolution of sexual violence from preconflict to postconflict, with attention to phases of active conflict and displacement.

In chapter 5, Leatherman offers a new framework for understanding sexual violence in armed conflict through an examination of the intersection of social construction of gender – which Leatherman terms “hegemonicmasculinity” – and the global political economy of war.

Chapter 6 concludes with an analysis of strategies of protection, accountability, and reconciliation. Leatherman uses richly detailed case studies to explore the concepts she is attempting to elucidate. Drawing on examples from the LRA (Lord’s Resistance Army) in Uganda, to the former Yugoslavia, to the LTTE (Liberation Tigers of Tamil Eelam) in Sri Lanka, the author discusses the concept of runaway norms as a special class of norms established during conflict that produce social harms or public ills. According to the author, these new wartime norms are created through the social construction of allied hegemonic masculinities that shape the power relations of economic opportunities in marginalized parts of the world. Much of the discussion focuses on how conflict has changed since the Cold War, with the author arguing that failed states in Africa and beyond are linked to the global political economy and have a primary goal of “wealth accumulation through criminal means.” Rape and other forms of sexual violence are viewed by Leatherman as tools for solidifying the identity of militarized masculinity or hypermasculinity and maintaining power over productive and reproductive economies.

%%%Definitions/elements of sexual violence crimes%%% %%%LRA (Lord’s Resistance Army)%%%LTTE (Liberation Tigers of Tamil Eelam)%%%Masculinity%%%Rape%%%Sexual Violence%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%% %%% %%% %%%Male perpetrator%%%Female victim%%% %%%

Mullins - We Are Going to Rape You and Taste Tutsi Women

Literature

Year:
2009
Country:
Rwanda
Issues:
Sexual violence as a weapon of war
Keywords:
Genocidal Rape Sexual Slavery Mass Rape Genocide
Author:
Mullins, Christopher W.
Full reference:

Mullins, Christopher W., “We Are Going to Rape You and Taste Tutsi Women”: Rape During the 1994 Rwandan Genocide, 49 British Journal of Criminology (2009) 719-735.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes - both singular and mass - were qualitatively analyzed.

In general, three broad types of assaults were identi?ed: opportunistic assaults, which seemed to be a product of the disorder inherent within the con?ict; episodes of sexual enslavement; and genocidal rapes, which were framed by the broader genocidal endeavors occurring at the time.

%%%Mullins, Christopher W.%%% %%%Mullins - We Are Going to Rape You and Taste Tutsi Women%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Mullins, Christopher W., “We Are Going to Rape You and Taste Tutsi Women”: Rape During the 1994 Rwandan Genocide, 49 British Journal of Criminology (2009) 719-735.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes - both singular and mass - were qualitatively analyzed.

In general, three broad types of assaults were identi?ed: opportunistic assaults, which seemed to be a product of the disorder inherent within the con?ict; episodes of sexual enslavement; and genocidal rapes, which were framed by the broader genocidal endeavors occurring at the time.

%%%Sexual violence as a weapon of war%%% %%%Genocidal Rape%%%Sexual Slavery%%%Mass Rape%%%Genocide%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%% %%%Rape%%%Sexual slavery%%%Sexual abuse/assault/violence%%% %%% %%% %%%Male perpetrator%%%Female victim%%% %%%

Mullins - He Would Kill Me With His Penis

Literature

Year:
2009
Country:
Rwanda
Issues:
Sexual violence as a weapon of war
Keywords:
Sexual Assault/Attack/Abuse Sexual Mutilation Survivor Genocide
Author:
Mullins, Christopher W.
Full reference:

Mullins, Christopher W., “He Would Kill Me With His Penis”: Genocidal Rape in Rwanda as a State Crime, 17 Critical Criminology (2009) 15-33.

 

 

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

Only recently have critical criminologists begun a systematic exploration of genocide, war crimes and crimes against humanity as state crimes. This paper contributes to that growing literature through examining the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide.

It draws upon empirical examination of events depicted in transcripts of trials held before the International Criminal Tribunal for Rwanda. It qualitatively examines the role of leaders in producing mass sexual assaults. It explores how sexual mutilations were more intense expressions of what the genocide’s local leaders hoped to accomplish through the use of rape in the event. It also explores long-term results of victimization for survivors. Finally, this paper then uses an integrated theory of state crime to illuminate the causal forces at play on multiple levels of analysis in producing the sexual violence speci?cally within the broader genocide.

%%%Mullins, Christopher W.%%% %%%Mullins - He Would Kill Me With His Penis%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Mullins, Christopher W., “He Would Kill Me With His Penis”: Genocidal Rape in Rwanda as a State Crime, 17 Critical Criminology (2009) 15-33.

 

 

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Only recently have critical criminologists begun a systematic exploration of genocide, war crimes and crimes against humanity as state crimes. This paper contributes to that growing literature through examining the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide.

It draws upon empirical examination of events depicted in transcripts of trials held before the International Criminal Tribunal for Rwanda. It qualitatively examines the role of leaders in producing mass sexual assaults. It explores how sexual mutilations were more intense expressions of what the genocide’s local leaders hoped to accomplish through the use of rape in the event. It also explores long-term results of victimization for survivors. Finally, this paper then uses an integrated theory of state crime to illuminate the causal forces at play on multiple levels of analysis in producing the sexual violence speci?cally within the broader genocide.

%%%Sexual violence as a weapon of war%%% %%%Sexual Assault/Attack/Abuse%%%Sexual Mutilation%%%Survivor%%%Genocide%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%%War crimes%%%Crimes against humanity%%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%% %%%Female victim%%% %%%

Nduwimana - The Right to Survive: Sexual Violence...

Literature

Year:
2004
Country:
Rwanda, Burundi, Sierra Leone, Democratic Republic of Congo (DRC)
Issues:
Socio-cultural context of sexual violence
Keywords:
HIV Rape Ethnic cleansing Discrimination based on Gender Survivor
Author:
Nduwimana, Francoise
Full reference:

Nduwimana, Francoise, The Right to Survive: Sexual Violence, Women and HIV/AIDS, Rights and Democracy (International Centre for Human Rights and Democratic Development), 2004.

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This report focuses on the plight of the women in Rwanda, Burundi, Sierra Leone and the Democratic Republic of the Congo who have contracted HIV/AIDS as a result of rape during conflict in those countries.

It argues that under international human rights and humanitarian law, these women have the right to reparations for their suffering, including guaranteed access to antiretroviral drugs to fight HIV/AIDS. The first part of the report provides data, interviews, and accounts gathered in Rwanda with survivor women’s associations, and recounts the sexual violence and the high level of HIV/AIDS among these surviving women and its relationship to the genocide, the hate propaganda and the underlying ethnic violence. The second part of the report is based on interviews and data gathered in DRC and Burundi. The historical poverty of Africa, the persistence of armed conflict, the transregional mobility of many armed groups, the non-compliance of peace-keeping forces with the code of conduct, their inability to protect the civilian population, and gender-based inequalities are all elements taken into account to explain the situation of women grappling with political violence and HIV/AIDS.

 

%%%Nduwimana, Francoise%%% %%%Nduwimana - The Right to Survive: Sexual Violence...%%% %%%Literature%%% %%%Rwanda%%%Burundi%%%Sierra Leone%%%Democratic Republic of Congo (DRC)%%% %%%

Nduwimana, Francoise, The Right to Survive: Sexual Violence, Women and HIV/AIDS, Rights and Democracy (International Centre for Human Rights and Democratic Development), 2004.

2004 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This report focuses on the plight of the women in Rwanda, Burundi, Sierra Leone and the Democratic Republic of the Congo who have contracted HIV/AIDS as a result of rape during conflict in those countries.

It argues that under international human rights and humanitarian law, these women have the right to reparations for their suffering, including guaranteed access to antiretroviral drugs to fight HIV/AIDS. The first part of the report provides data, interviews, and accounts gathered in Rwanda with survivor women’s associations, and recounts the sexual violence and the high level of HIV/AIDS among these surviving women and its relationship to the genocide, the hate propaganda and the underlying ethnic violence. The second part of the report is based on interviews and data gathered in DRC and Burundi. The historical poverty of Africa, the persistence of armed conflict, the transregional mobility of many armed groups, the non-compliance of peace-keeping forces with the code of conduct, their inability to protect the civilian population, and gender-based inequalities are all elements taken into account to explain the situation of women grappling with political violence and HIV/AIDS.

 

%%%Socio-cultural context of sexual violence%%% %%%HIV%%%Rape%%%Ethnic cleansing%%%Discrimination based on Gender%%%Survivor%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%%Genocide%%% %%%Rape%%%Sexual abuse/assault/violence%%% %%% %%% %%%Female victim%%% %%%

Olsson - Does War Equal Sexual Violence ?...

Literature

Year:
2015
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Patriarchy Masculinity Rape Impunity Ethnicity
Author:
Olsson, Sara
Full reference:

Olsson, Sara, Does War Equal Sexual Violence?: A Study of the Circumstances behind Sexual Violence against Women during Conflict, Bachelor thesis Linneuniversitetet (2015).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Sexual violence against women in war is an issue that is well reported and well known to the public and the international community, but still remains widespread and common in many conflicts in the world. Much research has been done on the topic, yet no substantial analytical framework for the circumstances behind its facilitation has been made, and it has been a common practice to value it as an inevitable part of war. It comes without question that to be able to do something about a problem you need to know what facilitates it. Therefore, the objective of this study was to investigate what circumstances facilitate sexual violence against women in war. An analytical framework was created out of the existing literature and tested on five different conflict cases with a high amount of sexual violence and thus using the method of Structured Focused Comparison. The research resulted in the findings that four out of six of the parameters in the analytical framework appeared to facilitate sexual violence, where Impunity and a Patriarchal society or Hegemonic masculinity appeared to facilitate to the highest extent. The other parameters that appeared to be facilitating to a medium extent were an ethnic conflict and military masculinity ideals. Perhaps the main finding of this study is that sexual violence against women in war is not inevitable and that there appears to be certain circumstances behind its facilitation.  

%%%Olsson, Sara%%% %%%Olsson - Does War Equal Sexual Violence ?...%%% %%%Literature%%% %%% %%%

Olsson, Sara, Does War Equal Sexual Violence?: A Study of the Circumstances behind Sexual Violence against Women during Conflict, Bachelor thesis Linneuniversitetet (2015).

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence against women in war is an issue that is well reported and well known to the public and the international community, but still remains widespread and common in many conflicts in the world. Much research has been done on the topic, yet no substantial analytical framework for the circumstances behind its facilitation has been made, and it has been a common practice to value it as an inevitable part of war. It comes without question that to be able to do something about a problem you need to know what facilitates it. Therefore, the objective of this study was to investigate what circumstances facilitate sexual violence against women in war. An analytical framework was created out of the existing literature and tested on five different conflict cases with a high amount of sexual violence and thus using the method of Structured Focused Comparison. The research resulted in the findings that four out of six of the parameters in the analytical framework appeared to facilitate sexual violence, where Impunity and a Patriarchal society or Hegemonic masculinity appeared to facilitate to the highest extent. The other parameters that appeared to be facilitating to a medium extent were an ethnic conflict and military masculinity ideals. Perhaps the main finding of this study is that sexual violence against women in war is not inevitable and that there appears to be certain circumstances behind its facilitation.  

%%%Achievements and challenges of sexual violence prosecution%%% %%%Patriarchy%%%Masculinity%%%Rape%%%Impunity%%%Ethnicity%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%% %%% %%% %%%Female victim%%% %%%

Omona - Male Rape Victims in the Lord’s Resistance Army War...

Literature

Year:
2014
Country:
Uganda, Democratic Republic of Congo (DRC)
Issues:
Sexual violence against men
Keywords:
Rape Sexual violence against men/boy Camp Physical violence
Author:
Omona, Linda Lanyero
Full reference:

Omona, Linda Lanyero, Male Rape Victims in the Lord’s Resistance Army War and the Conflict in Eastern Congo, Master of Arts in Development Studies thesis, December 2014.

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Sexual violence against men in Uganda is an underreported crime. Sexual violence against men is considered a taboo in most cultures. It is an issue not talked about because many consider the rape of men nearly impossible. However, sexual violence against men is an issue that can no longer be ignored. It is clear that men have also been victims of rape in armed conflicts all over the world.

The laws that define rape should be revised to include men and boys as victims of rape. This is because there are several reported growing incidents of male rape in Uganda today. A medical doctor working in Ntinda hospital said of all referrals from the refugee law project the male patients referred to her have at least reported incidents of sexual violence. In this hospital, approximately 15 operations are carried out on a monthly basis to repair the damaged anuses of male rape survivors. A demographic health survey in 2006 showed that at least 11% of Ugandan men had identified themselves as victims of sexual violence which is not related to conflict. Another study showed that in Pabbo camp in Gulu district of Northern Uganda, boys and men were reported among victims of sexual violence.  

%%%Omona, Linda Lanyero%%% %%%Omona - Male Rape Victims in the Lord’s Resistance Army War...%%% %%%Literature%%% %%%Uganda%%%Democratic Republic of Congo (DRC)%%% %%%

Omona, Linda Lanyero, Male Rape Victims in the Lord’s Resistance Army War and the Conflict in Eastern Congo, Master of Arts in Development Studies thesis, December 2014.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence against men in Uganda is an underreported crime. Sexual violence against men is considered a taboo in most cultures. It is an issue not talked about because many consider the rape of men nearly impossible. However, sexual violence against men is an issue that can no longer be ignored. It is clear that men have also been victims of rape in armed conflicts all over the world.

The laws that define rape should be revised to include men and boys as victims of rape. This is because there are several reported growing incidents of male rape in Uganda today. A medical doctor working in Ntinda hospital said of all referrals from the refugee law project the male patients referred to her have at least reported incidents of sexual violence. In this hospital, approximately 15 operations are carried out on a monthly basis to repair the damaged anuses of male rape survivors. A demographic health survey in 2006 showed that at least 11% of Ugandan men had identified themselves as victims of sexual violence which is not related to conflict. Another study showed that in Pabbo camp in Gulu district of Northern Uganda, boys and men were reported among victims of sexual violence.  

%%%Sexual violence against men%%% %%%Rape%%%Sexual violence against men/boy%%%Camp%%%Physical violence%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%% %%% %%% %%%Male victim%%%Minor victim%%% %%%

Oosterfoff et al. - Sexual Torture of Men in Croatia...

Literature

Year:
2004
Country:
Croatia
Issues:
Sexual violence against men
Keywords:
Sexual Violence, Torture Rape as a weapon of war Electroshock Castration Sexual violence against men/boy
Author:
Oosterhoff, Pauline, Prisca Zwanikken and Evert Ketting
Full reference:

Oosterhoff, Pauline, Prisca Zwanikken and Evert Ketting, Sexual Torture of Men in Croatia and Other Conflict Situations: An Open Secret, 12(23) Reproductive Health Matters (2004) 68–77.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

Sexual torture constitutes any act of sexual violence which qualifies as torture. Public awareness of the widespread use of sexual torture as a weapon of war greatly increased after the war in the former Yugoslavia in the early 1990s. Sexual torture has serious mental, physical and sexual health consequences. Attention to date has focused more on the sexual torture of women than of men, partly due to gender stereotypes.

This paper describes the circumstances in which sexual torture occurs, its causes and consequences, and the development of international law addressing it. It presents data from a study in 2000 in Croatia, where the number of men who were sexually tortured appears to have been substantial. Based on in-depth interviews with 16 health professionals and data from the medical records of three centers providing care to refugees and victims of torture, the study found evidence of rape and other forced sexual acts, full or partial castration, genital beatings and electroshock. Few men admit being sexually tortured or seek help, and professionals may fail to recognize cases. Few perpetrators have been prosecuted, mainly due to lack of political will. The silence that envelopes sexual torture of men in the aftermath of the war in Croatia stands in strange contrast to the public nature of the crimes themselves.

 

 

%%%Oosterhoff, Pauline, Prisca Zwanikken and Evert Ketting%%% %%%Oosterfoff et al. - Sexual Torture of Men in Croatia...%%% %%%Literature%%% %%%Croatia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Oosterhoff, Pauline, Prisca Zwanikken and Evert Ketting, Sexual Torture of Men in Croatia and Other Conflict Situations: An Open Secret, 12(23) Reproductive Health Matters (2004) 68–77.

2004 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual torture constitutes any act of sexual violence which qualifies as torture. Public awareness of the widespread use of sexual torture as a weapon of war greatly increased after the war in the former Yugoslavia in the early 1990s. Sexual torture has serious mental, physical and sexual health consequences. Attention to date has focused more on the sexual torture of women than of men, partly due to gender stereotypes.

This paper describes the circumstances in which sexual torture occurs, its causes and consequences, and the development of international law addressing it. It presents data from a study in 2000 in Croatia, where the number of men who were sexually tortured appears to have been substantial. Based on in-depth interviews with 16 health professionals and data from the medical records of three centers providing care to refugees and victims of torture, the study found evidence of rape and other forced sexual acts, full or partial castration, genital beatings and electroshock. Few men admit being sexually tortured or seek help, and professionals may fail to recognize cases. Few perpetrators have been prosecuted, mainly due to lack of political will. The silence that envelopes sexual torture of men in the aftermath of the war in Croatia stands in strange contrast to the public nature of the crimes themselves.

 

 

%%%Sexual violence against men%%% %%%Sexual Violence, Torture%%%Rape as a weapon of war%%%Electroshock%%%Castration%%%Sexual violence against men/boy%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Torture%%% %%% %%% %%%Male victim%%% %%%

Rouhani et al. - Stigma and Parenting Children...

Literature

Country:
Democratic Republic of Congo (DRC)
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Rape Unwanted pregnancy Maternal anxiety Mental health disorders
Author:
Rouhani, Shada A., Jennifer Scott, Ashley Greiner, Katherine Albutt, Michele R. Hacker, Philipp Kuwert, Michael VanRooyen and Susan Bartels
Full reference:

Rouhani, Shada A., Jennifer Scott, Ashley Greiner, Katherine Albutt, Michele R. Hacker, Philipp Kuwert, Michael VanRooyen and Susan Bartels, Stigma and Parenting Children Conceived from Sexual Violence, 136(5) Pediatrics (2015) 1195-1203.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Background and objectives: Since armed conflict began in 1996, widespread sexual violence in eastern Democratic Republic of Congo has resulted in many sexual violence-related pregnancies (SVRPs). However, there are limited data on the relationships between mothers and their children from sexual violence. This study aimed to evaluate the nature and determinants of these maternal-child relationships.

Methods: Using respondent-driven sampling, 757 women raising children from SVRPs in South Kivu Province, Democratic Republic of Congo were interviewed. A parenting index was created from questions assessing the maternal-child relationship. The influences of social stigma, family and community acceptance, and maternal mental health on the parenting index were assessed in univariate and multivariable analyses. Results: The majority of mothers reported positive attitudes toward their children from SVRPs. Prevalence of perceived family or community stigma toward the women or their children ranged from 31.8% to 42.9%, and prevalence of perceived family or community acceptance ranged from 45.2% to 73.5%. In multivariable analyses, stigma toward the child, as well as maternal anxiety and depression, were associated with lower parenting indexes, whereas acceptance of the mother or child and presence of a spouse were associated with higher parenting indexes (all P ? .01).

Conclusions: In this study with a large sample size, stigma and mental health disorders negatively influenced parenting attitudes, whereas family and community acceptance were associated with adaptive parenting attitudes. Interventions to reduce stigmatization, augment acceptance, and improve maternal mental health may improve the long-term well-being of mothers and children from SVRPs.

%%%Rouhani, Shada A., Jennifer Scott, Ashley Greiner, Katherine Albutt, Michele R. Hacker, Philipp Kuwert, Michael VanRooyen and Susan Bartels%%% %%%Rouhani et al. - Stigma and Parenting Children...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Rouhani, Shada A., Jennifer Scott, Ashley Greiner, Katherine Albutt, Michele R. Hacker, Philipp Kuwert, Michael VanRooyen and Susan Bartels, Stigma and Parenting Children Conceived from Sexual Violence, 136(5) Pediatrics (2015) 1195-1203.

%%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Background and objectives: Since armed conflict began in 1996, widespread sexual violence in eastern Democratic Republic of Congo has resulted in many sexual violence-related pregnancies (SVRPs). However, there are limited data on the relationships between mothers and their children from sexual violence. This study aimed to evaluate the nature and determinants of these maternal-child relationships.

Methods: Using respondent-driven sampling, 757 women raising children from SVRPs in South Kivu Province, Democratic Republic of Congo were interviewed. A parenting index was created from questions assessing the maternal-child relationship. The influences of social stigma, family and community acceptance, and maternal mental health on the parenting index were assessed in univariate and multivariable analyses. Results: The majority of mothers reported positive attitudes toward their children from SVRPs. Prevalence of perceived family or community stigma toward the women or their children ranged from 31.8% to 42.9%, and prevalence of perceived family or community acceptance ranged from 45.2% to 73.5%. In multivariable analyses, stigma toward the child, as well as maternal anxiety and depression, were associated with lower parenting indexes, whereas acceptance of the mother or child and presence of a spouse were associated with higher parenting indexes (all P ? .01).

Conclusions: In this study with a large sample size, stigma and mental health disorders negatively influenced parenting attitudes, whereas family and community acceptance were associated with adaptive parenting attitudes. Interventions to reduce stigmatization, augment acceptance, and improve maternal mental health may improve the long-term well-being of mothers and children from SVRPs.

%%%Definitions/elements of sexual violence crimes%%% %%%Rape%%%Unwanted pregnancy%%%Maternal anxiety%%%Mental health disorders%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Female victim%%%Male perpetrator%%% %%%

Salzman - Rape Camps as a Means of Ethnic Cleansing...

Literature

Year:
1998
Country:
Former Yugoslavia
Issues:
Sexual violence as a weapon of war
Keywords:
Ethnic cleansing Rape as a weapon of war Forced pregnancy Genocidal Rape Camp
Author:
Salzman, Todd A.
Full reference:

Salzman, Todd A., Rape Camps as a Means of Ethnic Cleansing: Religious, Cultural, and Ethical Responses to Rape Victims in the former Yugoslavia, 20(2) Human Rights Quarterly (1998) 348-378.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

This article examines two main issues. First, the Serbs’ systematic use of rape camps with the specific intent of impregnating their victims is investigated, along with the cultural, political, and religious foundations that support this usurpation of the female body.

Subsequently, the ‘secondary victimization’ of these women and the various responses implicitly supporting the Serbian practice and objective is examined. The war in the former Yugoslavia has provided documented evidence of rape and forced impregnation used as a weapon of war for achieving ethnic cleansing, and has raised international awareness concerning the usurpation of the female body and her reproductive capacities to fulfill political and military objectives. This evidence proves that not only were women caught up in a circle of violence waged and executed by men in power, but that they were specifically targeted as a means of attaining a military end. This frightening occurrence in war tactics and military strategy has caused the international community grave concern, but much remains to be accomplished to put an end to present violations, to punish the perpetrators, and to prevent these acts from occurring in future conflicts. Man’s inhumanity to man and woman knows no bounds. To remain passive in light of such injustice is a moral abomination and betrays those who have suffered, and will suffer, from this treatment. Protection against rape and rape for the purpose of impregnation must be insured under international humanitarian law as well as guarantees providing for swift punishment of the perpetrators. In addition, to reduce the disparity between religious ideology and cultural practice, communities should be sensitized to receive rape victims and their children in love, compassion, and empathy to foster healing not only among the women, but within the community as a whole. The success of genocide in the form of rape and forced impregnation is dependent upon the patriarchal myth that supports its very practice. As is evident from the responses towards many of the women who have suffered this tragedy, this myth is still very much alive.

%%%Salzman, Todd A.%%% %%%Salzman - Rape Camps as a Means of Ethnic Cleansing...%%% %%%Literature%%% %%%Former Yugoslavia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Salzman, Todd A., Rape Camps as a Means of Ethnic Cleansing: Religious, Cultural, and Ethical Responses to Rape Victims in the former Yugoslavia, 20(2) Human Rights Quarterly (1998) 348-378.

1998 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article examines two main issues. First, the Serbs’ systematic use of rape camps with the specific intent of impregnating their victims is investigated, along with the cultural, political, and religious foundations that support this usurpation of the female body.

Subsequently, the ‘secondary victimization’ of these women and the various responses implicitly supporting the Serbian practice and objective is examined. The war in the former Yugoslavia has provided documented evidence of rape and forced impregnation used as a weapon of war for achieving ethnic cleansing, and has raised international awareness concerning the usurpation of the female body and her reproductive capacities to fulfill political and military objectives. This evidence proves that not only were women caught up in a circle of violence waged and executed by men in power, but that they were specifically targeted as a means of attaining a military end. This frightening occurrence in war tactics and military strategy has caused the international community grave concern, but much remains to be accomplished to put an end to present violations, to punish the perpetrators, and to prevent these acts from occurring in future conflicts. Man’s inhumanity to man and woman knows no bounds. To remain passive in light of such injustice is a moral abomination and betrays those who have suffered, and will suffer, from this treatment. Protection against rape and rape for the purpose of impregnation must be insured under international humanitarian law as well as guarantees providing for swift punishment of the perpetrators. In addition, to reduce the disparity between religious ideology and cultural practice, communities should be sensitized to receive rape victims and their children in love, compassion, and empathy to foster healing not only among the women, but within the community as a whole. The success of genocide in the form of rape and forced impregnation is dependent upon the patriarchal myth that supports its very practice. As is evident from the responses towards many of the women who have suffered this tragedy, this myth is still very much alive.

%%%Sexual violence as a weapon of war%%% %%%Ethnic cleansing%%%Rape as a weapon of war%%%Forced pregnancy%%%Genocidal Rape%%%Camp%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Rape%%%Sexual abuse/assault/violence%%% %%% %%%Military Services%%% %%%Female victim%%%Male perpetrator%%% %%%

Skjelsbaek - Sexual Violence and War...

Literature

Year:
2011
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Masculinity Rape as a weapon of war Hierarchy
Author:
Skjelsbæk, Inger
Full reference:

Skjelsbæk, Inger, Sexual Violence and War: Mapping Out a Complex Relationship,7(2) European Journal of International Relations (2011) 211-237.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

In the 1990s there was more focus on war-time sexual violence than ever before. Within academia, among policy-makers and in the media emerged a consensus that sexual violence can be used as a weapon of war.

This article attempts to understand the complex relationship between sexual violence and war by presenting three different conceptualizations based on a literature study of 140 scholarly texts published mainly during the 1990s. The crux of this article is the argument that the relationship between sexual violence and war is best conceptualized within a social constructionist paradigm. The analysis shows that it is the social constructionist conceptualization which is best equipped to explain the complex empirical reality at hand. While the essentialist conceptualization explains war-time sexual violence from the perspective of the perpetrator and the structuralist conceptualization explains it from the perspective of the victims, it is only the social constructionist conceptualization which focuses on how war-time sexual violence can be regarded as a transaction of identities between the perpetrator and the victims; i.e. how their social identities become situated.

The line of thought can be summarized as follows: the perpetrator, and his (potentially also her) ethnic/religious/political identity become masculinized, while the victim’s ethnic/religious/ political identity becomes feminized. Further, the masculinized and feminized identities are situated in a hierarchical power relationship where masculinized identities are ascribed power and feminized identities are not.

%%%Skjelsbæk, Inger%%% %%%Skjelsbaek - Sexual Violence and War...%%% %%%Literature%%% %%% %%%

Skjelsbæk, Inger, Sexual Violence and War: Mapping Out a Complex Relationship,7(2) European Journal of International Relations (2011) 211-237.

2011 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In the 1990s there was more focus on war-time sexual violence than ever before. Within academia, among policy-makers and in the media emerged a consensus that sexual violence can be used as a weapon of war.

This article attempts to understand the complex relationship between sexual violence and war by presenting three different conceptualizations based on a literature study of 140 scholarly texts published mainly during the 1990s. The crux of this article is the argument that the relationship between sexual violence and war is best conceptualized within a social constructionist paradigm. The analysis shows that it is the social constructionist conceptualization which is best equipped to explain the complex empirical reality at hand. While the essentialist conceptualization explains war-time sexual violence from the perspective of the perpetrator and the structuralist conceptualization explains it from the perspective of the victims, it is only the social constructionist conceptualization which focuses on how war-time sexual violence can be regarded as a transaction of identities between the perpetrator and the victims; i.e. how their social identities become situated.

The line of thought can be summarized as follows: the perpetrator, and his (potentially also her) ethnic/religious/political identity become masculinized, while the victim’s ethnic/religious/ political identity becomes feminized. Further, the masculinized and feminized identities are situated in a hierarchical power relationship where masculinized identities are ascribed power and feminized identities are not.

%%%Definitions/elements of sexual violence crimes%%% %%%Masculinity%%%Rape as a weapon of war%%%Hierarchy%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%% %%%

Steiner et al. - Sexual Violence in the Protracted Conflict of DRC...

Literature

Year:
2009
Country:
Democratic Republic of Congo (DRC)
Issues:
Socio-cultural context of sexual violence
Keywords:
Survivor Psychological impact Medical/Health care Support Program
Author:
Steiner, Birthe, Marie T. Benner, Egbert Sondorp, K. Peter Schmitz, Ursula Mesmer and Sandrine Rosenberger
Full reference:

Steiner, Birthe, Marie T. Benner, Egbert Sondorp, K. Peter Schmitz, Ursula Mesmer and Sandrine Rosenberger, Sexual Violence in the Protracted Conflict of DRC Programming for Rape Survivors in South Kivu, 3(3) Conflict and Health (2009) 1-9.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Despite international acknowledgement of the linkages between sexual violence and conflict, reliable data on its prevalence, the circumstances, characteristics of perpetrators, and physical or mental health impacts is rare. Among the conflicts that have been associated with widespread sexual violence has been the one in the Democratic Republic of the Congo (DRC).

From 2003 till to date Malteser International has run a medico-social support program for rape survivors in South Kivu province, DRC. In the context of this program, a host of data was collected. The authors present these data and discuss the findings within the frame of available literature. Malteser International registered 20,517 female rape survivors in the three-year period 2005–2007. Women of all ages have been targeted by sexual violence and only few of those – and many of them only after several years – sought medical care and psychological help.

Sexual violence in the DRC frequently led to social, especially familial, exclusion. Members of military and paramilitary groups were identified as the main perpetrators of sexual violence. The authors have documented that in the DRC conflict sexual violence has been – and continues to be – highly prevalent in a wide area in the East of the country. Humanitarian programming in this field is challenging due to the multiple needs of rape survivors. The easily accessible, integrated medical and psycho-social care that the program offered apparently responded to the needs of many rape survivors in this area.

%%%Steiner, Birthe, Marie T. Benner, Egbert Sondorp, K. Peter Schmitz, Ursula Mesmer and Sandrine Rosenberger%%% %%%Steiner et al. - Sexual Violence in the Protracted Conflict of DRC...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Steiner, Birthe, Marie T. Benner, Egbert Sondorp, K. Peter Schmitz, Ursula Mesmer and Sandrine Rosenberger, Sexual Violence in the Protracted Conflict of DRC Programming for Rape Survivors in South Kivu, 3(3) Conflict and Health (2009) 1-9.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Despite international acknowledgement of the linkages between sexual violence and conflict, reliable data on its prevalence, the circumstances, characteristics of perpetrators, and physical or mental health impacts is rare. Among the conflicts that have been associated with widespread sexual violence has been the one in the Democratic Republic of the Congo (DRC).

From 2003 till to date Malteser International has run a medico-social support program for rape survivors in South Kivu province, DRC. In the context of this program, a host of data was collected. The authors present these data and discuss the findings within the frame of available literature. Malteser International registered 20,517 female rape survivors in the three-year period 2005–2007. Women of all ages have been targeted by sexual violence and only few of those – and many of them only after several years – sought medical care and psychological help.

Sexual violence in the DRC frequently led to social, especially familial, exclusion. Members of military and paramilitary groups were identified as the main perpetrators of sexual violence. The authors have documented that in the DRC conflict sexual violence has been – and continues to be – highly prevalent in a wide area in the East of the country. Humanitarian programming in this field is challenging due to the multiple needs of rape survivors. The easily accessible, integrated medical and psycho-social care that the program offered apparently responded to the needs of many rape survivors in this area.

%%%Socio-cultural context of sexual violence%%% %%%Survivor%%%Psychological impact%%%Medical/Health care%%%Support Program%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%%Paramilitary group%%%Military Services%%% %%%Female victim%%%Minor victim%%%Male perpetrator%%% %%%

Swaine - Beyond Strategic Rape...

Literature

Year:
2015
Country:
Liberia, Northern Ireland, East Timor
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Gender-Based Violence Public Violence Sexual Violence Private Violence
Author:
Swaine, Aisling
Full reference:

Swaine, Aisling, Beyond Strategic Rape and Between the Public and Private: Violence against Women in Armed Conflict, 37(3) Human Rights Quarterly (2015) 755-786.

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

This study examines what counts as conflict-related gender violence under international law. Using empirical research from Liberia, Northern Ireland and Timor-Leste, the study specifically explores and explains variance beyond strategic sexualized violence employed in some conflicts, to analyze the ways that private individualistic violence is influenced by conflict across the three case studies. Proposing a set of variables as possible determinants of wide-ranging forms of violence, the study proposes that on a continuum of “political public violence” to “endemic private violence,” there are forms of violence that may sit somewhere “in-between.” The analysis queries where this “in-between”’ violence should fit in the thresholds provided by law and what consideration should be given to the political and private violence nexus that the research demonstrates.

%%%Swaine, Aisling%%% %%%Swaine - Beyond Strategic Rape...%%% %%%Literature%%% %%%Liberia%%%Northern Ireland%%%East Timor%%% %%%

Swaine, Aisling, Beyond Strategic Rape and Between the Public and Private: Violence against Women in Armed Conflict, 37(3) Human Rights Quarterly (2015) 755-786.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This study examines what counts as conflict-related gender violence under international law. Using empirical research from Liberia, Northern Ireland and Timor-Leste, the study specifically explores and explains variance beyond strategic sexualized violence employed in some conflicts, to analyze the ways that private individualistic violence is influenced by conflict across the three case studies. Proposing a set of variables as possible determinants of wide-ranging forms of violence, the study proposes that on a continuum of “political public violence” to “endemic private violence,” there are forms of violence that may sit somewhere “in-between.” The analysis queries where this “in-between”’ violence should fit in the thresholds provided by law and what consideration should be given to the political and private violence nexus that the research demonstrates.

%%%Definitions/elements of sexual violence crimes%%% %%%Gender-Based Violence%%%Public Violence%%%Sexual Violence%%%Private Violence%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%%Female victim%%% %%%

Totten - Plight and Fate of Women...

Literature

Year:
2009
Issues:
Definitions/elements of sexual violence crimes
Keywords:
HIV Unwanted pregnancy Genocide Mass Rape Psychosocial trauma
Author:
Totten, Samuel
Full reference:

Totten, Samuel, Plight and Fate of Women During and Following Genocide (New Brunswick, New Jersey: Transaction Publishers 2009).

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The plight and fate of female victims during the course of genocide is radically and profoundly different from their male counterparts. Like males, female victims suffer demonization, ostracism, discrimination, and deprivation of their basic human rights. They are often rounded up, deported, and killed. But, unlike most men, women are subjected to rape, gang rape, and mass rape. Such assaults and degradation can, and often do, result in horrible injuries to their reproductive systems and unwanted pregnancies. This volume takes one stride towards assessing these grievances, and argues against policies calculated to continue such indifference to great human suffering.

The horror and pain suffered by females does not end with the act of rape. There is always the fear, and reality, of being infected with HIV/AIDS. Concomitantly, there is the possibility of becoming pregnant. Then, there is the birth of the babies. For some, the very sight of the babies and children reminds mothers of the horrific violations they suffered. When mothers harbor deep-seated hatred or distain for such children, it results in more misery. The hatred may be so great that children born of rape leave home early in order to fend for themselves on the street. The issues presented in this volume include ongoing mass rape of girls and women during periods of war and genocide, ostracism of female victims, terrible psychological and physical wounds, the plight of offspring resulting from rapes, and the critical need for medical and psychological services.

%%%Totten, Samuel%%% %%%Totten - Plight and Fate of Women...%%% %%%Literature%%% %%% %%%

Totten, Samuel, Plight and Fate of Women During and Following Genocide (New Brunswick, New Jersey: Transaction Publishers 2009).

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The plight and fate of female victims during the course of genocide is radically and profoundly different from their male counterparts. Like males, female victims suffer demonization, ostracism, discrimination, and deprivation of their basic human rights. They are often rounded up, deported, and killed. But, unlike most men, women are subjected to rape, gang rape, and mass rape. Such assaults and degradation can, and often do, result in horrible injuries to their reproductive systems and unwanted pregnancies. This volume takes one stride towards assessing these grievances, and argues against policies calculated to continue such indifference to great human suffering.

The horror and pain suffered by females does not end with the act of rape. There is always the fear, and reality, of being infected with HIV/AIDS. Concomitantly, there is the possibility of becoming pregnant. Then, there is the birth of the babies. For some, the very sight of the babies and children reminds mothers of the horrific violations they suffered. When mothers harbor deep-seated hatred or distain for such children, it results in more misery. The hatred may be so great that children born of rape leave home early in order to fend for themselves on the street. The issues presented in this volume include ongoing mass rape of girls and women during periods of war and genocide, ostracism of female victims, terrible psychological and physical wounds, the plight of offspring resulting from rapes, and the critical need for medical and psychological services.

%%%Definitions/elements of sexual violence crimes%%% %%%HIV%%%Unwanted pregnancy%%%Genocide%%%Mass Rape%%%Psychosocial trauma%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%%Genocide%%% %%%Rape%%%Sexual abuse/assault/violence%%% %%% %%% %%%Female victim%%%Minor victim%%% %%%

Ward et al. - Sexual Violence against Women and Girls in War...

Literature

Year:
2006
Country:
Former Yugoslavia, Rwanda
Issues:
Socio-cultural context of sexual violence
Keywords:
Rape Torture Armed Conflict Media
Author:
Ward, Jeanne and Mendy Marsh
Full reference:

Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, New York, United Nations Population Fund (UNFPA), 2006.

Type of Literature:
Book
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

The growing body of data from the wars of the last decade is finally bringing to light one of history’s great silences: the sexual violation and torture of civilian women and girls during periods of armed conflict. Until recently, the evidence - along with the issue - had been generally ignored by historians, politicians and the world at large, yet it is hardly new, dating back to Ancient Greek, Roman, and Hebrew wars.

What is especially disturbing, however, about the statistics from the past ten years is how rife the phenomenon appears to have become. It might be argued that the current data simply reflect greater international attention to the issue - provoked in part by the media coverage of the sexual atrocities committed during the conflicts in the former Yugoslavia and Rwanda, and even more importantly by the decades of intensive awareness-raising by women’s activists around the world - rather than a significant rise in absolute numbers of victims. A more likely explanation, however, is that the nature of warfare is changing, in ways that increasingly endanger women and girls.

%%%Ward, Jeanne and Mendy Marsh%%% %%%Ward et al. - Sexual Violence against Women and Girls in War...%%% %%%Literature%%% %%%Former Yugoslavia%%%Rwanda%%% %%%

Ward, Jeanne and Mendy Marsh, Sexual Violence against Women and Girls in War and its Aftermath: Realities, Responses and Required Resources, Briefing Paper, New York, United Nations Population Fund (UNFPA), 2006.

2006 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The growing body of data from the wars of the last decade is finally bringing to light one of history’s great silences: the sexual violation and torture of civilian women and girls during periods of armed conflict. Until recently, the evidence - along with the issue - had been generally ignored by historians, politicians and the world at large, yet it is hardly new, dating back to Ancient Greek, Roman, and Hebrew wars.

What is especially disturbing, however, about the statistics from the past ten years is how rife the phenomenon appears to have become. It might be argued that the current data simply reflect greater international attention to the issue - provoked in part by the media coverage of the sexual atrocities committed during the conflicts in the former Yugoslavia and Rwanda, and even more importantly by the decades of intensive awareness-raising by women’s activists around the world - rather than a significant rise in absolute numbers of victims. A more likely explanation, however, is that the nature of warfare is changing, in ways that increasingly endanger women and girls.

%%%Socio-cultural context of sexual violence%%% %%%Rape%%%Torture%%%Armed Conflict%%%Media%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Book%%% %%% %%% %%%Rape%%% %%% %%% %%% %%%

Wood - Conflict-related Sexual Violence and the Policy...

Literature

Year:
2014
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Continuum violence Peace War crimes
Author:
Wood, Elisabeth Jean
Full reference:

Wood, Elisabeth Jean, Conflict-related Sexual Violence and the Policy Implications of Recent Research, 96(894) International Review of the Red Cross (2014) 457-478.

 

 

Type of Literature:
Journal article
Research Focus:
Causality, functionality and logic of conflict-related sexual violence
Description:

Scholars increasingly document different forms of conflict-related sexual violence, their distinct causes, and their sharply varying deployment by armed organizations. This article first summarizes recent research on this variation, emphasizing findings that contradict or complicate popular beliefs. Then distinct interpretations of the claim that such violence is part of a continuum of violence between peace and war is discussed. After analyzing recent research on the internal dynamics of armed organizations, it is suggested that widespread rape often occurs as a practice rather than as a strategy. Finally, some principles to guide policy in light of recent research are advanced.

%%%Wood, Elisabeth Jean%%% %%%Wood - Conflict-related Sexual Violence and the Policy...%%% %%%Literature%%% %%% %%%

Wood, Elisabeth Jean, Conflict-related Sexual Violence and the Policy Implications of Recent Research, 96(894) International Review of the Red Cross (2014) 457-478.

 

 

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Scholars increasingly document different forms of conflict-related sexual violence, their distinct causes, and their sharply varying deployment by armed organizations. This article first summarizes recent research on this variation, emphasizing findings that contradict or complicate popular beliefs. Then distinct interpretations of the claim that such violence is part of a continuum of violence between peace and war is discussed. After analyzing recent research on the internal dynamics of armed organizations, it is suggested that widespread rape often occurs as a practice rather than as a strategy. Finally, some principles to guide policy in light of recent research are advanced.

%%%Definitions/elements of sexual violence crimes%%% %%%Continuum violence%%%Peace%%%War crimes%%% %%%Causality, functionality and logic of conflict-related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%% %%%

Amnesty International et al. - Monitoring and Investigating...

Literature

Year:
2000
Issues:
Procedural rules advancing sexual violence prosecutions Evidentiary rules regarding sexual violence prosecutions Role of non-state actors in perpetrating violence
Keywords:
Torture Armed Conflict State Responsibility Private Violence Investigation
Author:
Amnesty International and Codesria
Full reference:

Amnesty International and Codesria, Monitoring and Investigating Sexual Violence, 2000.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

This manual deals with several issues pertaining to the monitoring and investigation of sexual violence and is divided in four parts, i.e.:

(I) When is sexual violence a crime under international human rights law?; (a) What is sexual violence?; (b) What is torture or cruel, inhuman or degrading treatment or punishment?; (c) When does sexual violence constitute torture?; (d) What about sexual violence committed by armed groups?; (d) Is the state responsible for sexual violence committed by private individuals?; (e) When  do acts of violence committed by private individuals constitute torture?;

(II) How to monitor sexual violence; (a) Collect information on the legal, political and cultural context; (b) Collect information on the consequences of sexual violence; (c) Record and follow-up individual allegations; (d) Sample form for recording information on sexual violence; (e) Identify patterns;

(III) How to conduct fact-finding; (a) Preparing for the investigation: Get the facts; (b) Going (or not) to the scene; (c) Identify main sources of information; (d) On the scene: Break barriers; (e) Identify and collect material evidence;

(IV) How to assess evidence; (a) Reliability of initial source; (b) Consistency with patterns; (c) Consistency of medical evidence; (d) Reliability of the testimonies; (e) Assessing the responsibility of the government; and (f) Assessing the responsibility of the armed groups.

%%%Amnesty International and Codesria%%% %%%Amnesty International et al. - Monitoring and Investigating...%%% %%%Literature%%% %%% %%%

Amnesty International and Codesria, Monitoring and Investigating Sexual Violence, 2000.

2000 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This manual deals with several issues pertaining to the monitoring and investigation of sexual violence and is divided in four parts, i.e.:

(I) When is sexual violence a crime under international human rights law?; (a) What is sexual violence?; (b) What is torture or cruel, inhuman or degrading treatment or punishment?; (c) When does sexual violence constitute torture?; (d) What about sexual violence committed by armed groups?; (d) Is the state responsible for sexual violence committed by private individuals?; (e) When  do acts of violence committed by private individuals constitute torture?;

(II) How to monitor sexual violence; (a) Collect information on the legal, political and cultural context; (b) Collect information on the consequences of sexual violence; (c) Record and follow-up individual allegations; (d) Sample form for recording information on sexual violence; (e) Identify patterns;

(III) How to conduct fact-finding; (a) Preparing for the investigation: Get the facts; (b) Going (or not) to the scene; (c) Identify main sources of information; (d) On the scene: Break barriers; (e) Identify and collect material evidence;

(IV) How to assess evidence; (a) Reliability of initial source; (b) Consistency with patterns; (c) Consistency of medical evidence; (d) Reliability of the testimonies; (e) Assessing the responsibility of the government; and (f) Assessing the responsibility of the armed groups.

%%%Procedural rules advancing sexual violence prosecutions%%%Evidentiary rules regarding sexual violence prosecutions%%%Role of non-state actors in perpetrating violence%%% %%%Torture%%%Armed Conflict%%%State%%%Responsibility%%%Private Violence%%%Investigation%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%% %%% %%%Torture%%% %%% %%% %%% %%%

Foreign and Common Wealth Office Uk - International Protocol on the Documentation...

Literature

Year:
2014
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
International Convention Accountability Survivor Expertise in sexual violence
Author:
Foreign and Common Wealth Office UK
Full reference:

Foreign and Common Wealth Office UK, International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Basic Standards of Best Practice on the Documentation of Sexual Violence as a Crime under International Law, June 2014.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

The main purpose of the Protocol is to promote accountability for crimes of sexual violence under international law. It does this by setting out the basic principles of documenting sexual violence as a crime under international law, gleaned from best practice in the field. The Protocol is not binding on states. Rather, it can serve as a tool to support efforts by national and international justice and human rights practitioners to effectively and protectively document sexual violence as a crime under international law - as a war crime, crime against humanity or act of genocide.

Part 1 of the Protocol provides a definition of sexual violence as an international crime: what it is, acts that constitute sexual violence crimes, and what the requirements are to prosecute sexual violence as a crime under international law. It also describes the grave consequences associated with sexual violence, the obstacles faced by survivors and witnesses when accessing justice, and some myths and misconceptions about sexual violence that can hinder efforts to effectively investigate and document crimes and support survivors/witnesses.

Part 2 outlines what documentation looks like in practice: what to do to research, prepare and set up an investigation and documentation process, how to conduct safe and effective interviews, and the minimum requirements when dealing with audiovisual, physical and documentary evidence of sexual violence. The key principle of ‘do no harm’ is engrained in this section, and it suggests practical strategies that practitioners may employ in order to mitigate and address the possible risks associated with documenting and investigating sexual violence in conflict, and to overcome some of the obstacles that can interfere with accountability efforts. The annexes contain some tools and further information, which it is hoped will prove directly useful to documenters as they carry out their investigations. This includes an Evidence Workbook, which sets out examples of what type of information is useful to collect to prove the specific, contextual and linkage elements of sexual violence as a war crime, crime against humanity or act of genocide. The annexes also include summaries and guidelines on interviewing, dealing with physical and documentary evidence, and working within the multi-sectoral support model, as well as information on key types of referrals and medical documentation for evidentiary purposes.

%%%Foreign and Common Wealth Office UK%%% %%%Foreign and Common Wealth Office Uk - International Protocol on the Documentation...%%% %%%Literature%%% %%% %%%

Foreign and Common Wealth Office UK, International Protocol on the Documentation and Investigation of Sexual Violence in Conflict: Basic Standards of Best Practice on the Documentation of Sexual Violence as a Crime under International Law, June 2014.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The main purpose of the Protocol is to promote accountability for crimes of sexual violence under international law. It does this by setting out the basic principles of documenting sexual violence as a crime under international law, gleaned from best practice in the field. The Protocol is not binding on states. Rather, it can serve as a tool to support efforts by national and international justice and human rights practitioners to effectively and protectively document sexual violence as a crime under international law - as a war crime, crime against humanity or act of genocide.

Part 1 of the Protocol provides a definition of sexual violence as an international crime: what it is, acts that constitute sexual violence crimes, and what the requirements are to prosecute sexual violence as a crime under international law. It also describes the grave consequences associated with sexual violence, the obstacles faced by survivors and witnesses when accessing justice, and some myths and misconceptions about sexual violence that can hinder efforts to effectively investigate and document crimes and support survivors/witnesses.

Part 2 outlines what documentation looks like in practice: what to do to research, prepare and set up an investigation and documentation process, how to conduct safe and effective interviews, and the minimum requirements when dealing with audiovisual, physical and documentary evidence of sexual violence. The key principle of ‘do no harm’ is engrained in this section, and it suggests practical strategies that practitioners may employ in order to mitigate and address the possible risks associated with documenting and investigating sexual violence in conflict, and to overcome some of the obstacles that can interfere with accountability efforts. The annexes contain some tools and further information, which it is hoped will prove directly useful to documenters as they carry out their investigations. This includes an Evidence Workbook, which sets out examples of what type of information is useful to collect to prove the specific, contextual and linkage elements of sexual violence as a war crime, crime against humanity or act of genocide. The annexes also include summaries and guidelines on interviewing, dealing with physical and documentary evidence, and working within the multi-sectoral support model, as well as information on key types of referrals and medical documentation for evidentiary purposes.

%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%International Convention%%%Accountability%%%Survivor%%%Expertise in sexual violence%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%% %%% %%% %%% %%% %%% %%%

ICC Office of the Prosecutor - Policy Paper on Sexual...

Literature

Year:
2014
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Sexual Violence Impunity Accountability Gender-Based Violence Prosecution
Author:
ICC Office of the Prosecutor
Full reference:

ICC Office of the Prosecutor, Policy Paper on Sexual and Gender-Based Crimes, June 2014.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Description:

The Office of the Prosecutor of the ICC recognizes that sexual and gender-based crimes are amongst the gravest under the Statute. Consistent with its positive complementarity policy, and with a view to closing the impunity gap, the Office seeks to combine its efforts to prosecute those most responsible with national proceedings for other perpetrators. The OTP provides several ways in which it aims to do this. For example, the Office pays particular attention to the commission of sexual and gender-based crimes at all stages of its work: preliminary examination, investigation, and prosecution. Within the scope of its mandate, the Office will apply a gender analysis to all crimes within its jurisdiction, examining how those crimes are related to inequalities between women and men, and girls and boys, and the power relationships and other dynamics which shape gender roles in a specific context. In addition to general challenges to investigations conducted by the Office, such as security issues related to investigations in situations of ongoing conflict, and a lack of cooperation, the investigation of sexual and gender-based crimes presents its own specific challenges. These include the under- or nonreporting owing to societal, cultural, or religious factors; stigma for victims; limited domestic investigations, and the associated lack of readily available evidence; lack of forensic or other documentary evidence, owing, inter alia, to the passage of time; and inadequate or limited support services at national level.

The Office will pay particular attention to these crimes from the earliest stages in order to address such challenges. The Office will ensure that charges for sexual and gender-based crimes are brought wherever there is sufficient evidence to support such charges. It will bring charges for sexual and gender-based crimes explicitly as crimes per se, in addition to charging such acts as forms of other violence within the competence of the Court where the material elements are met, e.g., charging rape as torture. The Office will consider the full range of modes of liability and the mental element under articles 25, 28, and 30 of the Statute that may be applicable to each case, and will make a decision based on the evidence. The Office will charge different modes of liability in the alternative, where appropriate. The Office will propose sentences which give due consideration to the sexual and gender dimensions of the crimes charged, including the impact on victims, families, and communities, as an aggravating factor and reflective of the gravity of the crimes committed. The Office supports a gender-inclusive approach to reparations, taking into account the gender-specific impact on, harm caused to, and suffering of the victims affected by the crimes for which an individual has been convicted. These and more efforts are included in the ICC’s Policy.

Reference link:

link

%%%ICC Office of the Prosecutor%%% %%%ICC Office of the Prosecutor - Policy Paper on Sexual...%%% %%%Literature%%% %%% %%%

ICC Office of the Prosecutor, Policy Paper on Sexual and Gender-Based Crimes, June 2014.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%

link

%%%

The Office of the Prosecutor of the ICC recognizes that sexual and gender-based crimes are amongst the gravest under the Statute. Consistent with its positive complementarity policy, and with a view to closing the impunity gap, the Office seeks to combine its efforts to prosecute those most responsible with national proceedings for other perpetrators. The OTP provides several ways in which it aims to do this. For example, the Office pays particular attention to the commission of sexual and gender-based crimes at all stages of its work: preliminary examination, investigation, and prosecution. Within the scope of its mandate, the Office will apply a gender analysis to all crimes within its jurisdiction, examining how those crimes are related to inequalities between women and men, and girls and boys, and the power relationships and other dynamics which shape gender roles in a specific context. In addition to general challenges to investigations conducted by the Office, such as security issues related to investigations in situations of ongoing conflict, and a lack of cooperation, the investigation of sexual and gender-based crimes presents its own specific challenges. These include the under- or nonreporting owing to societal, cultural, or religious factors; stigma for victims; limited domestic investigations, and the associated lack of readily available evidence; lack of forensic or other documentary evidence, owing, inter alia, to the passage of time; and inadequate or limited support services at national level.

The Office will pay particular attention to these crimes from the earliest stages in order to address such challenges. The Office will ensure that charges for sexual and gender-based crimes are brought wherever there is sufficient evidence to support such charges. It will bring charges for sexual and gender-based crimes explicitly as crimes per se, in addition to charging such acts as forms of other violence within the competence of the Court where the material elements are met, e.g., charging rape as torture. The Office will consider the full range of modes of liability and the mental element under articles 25, 28, and 30 of the Statute that may be applicable to each case, and will make a decision based on the evidence. The Office will charge different modes of liability in the alternative, where appropriate. The Office will propose sentences which give due consideration to the sexual and gender dimensions of the crimes charged, including the impact on victims, families, and communities, as an aggravating factor and reflective of the gravity of the crimes committed. The Office supports a gender-inclusive approach to reparations, taking into account the gender-specific impact on, harm caused to, and suffering of the victims affected by the crimes for which an individual has been convicted. These and more efforts are included in the ICC’s Policy.

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Sexual Violence%%%Impunity%%%Accountability%%%Gender-Based Violence%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%%Female victim%%%Minor victim%%%Male perpetrator%%% %%%

ICTR - Best Practices Manual for the Investigation...

Literature

Year:
2008
Country:
Rwanda
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Impunity Prosecution Testimony Investigation Management
Author:
ICTR
Full reference:

ICTR, Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Situations of Armed Conflict: Lessons from the International Criminal Tribunal for Rwanda, 2008.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

The Manual provides recommendations on how to improve the investigation and prosecution of sexual violence based on the ICTR practice. It refers, inter alia, to other innovative ways of dealing with witness testimony that can be considered, such as using more written statements of victims/witnesses of sexual violence in lieu of oral testimony and testimonies of other eyewitnesses on their knowledge of sexual violence. Furthermore, the role of management is very important, that is, to have a clear and comprehensive global strategy to address sexual violence crimes, and to communicate this strategy to the entire office from the outset. In addition, the lack of understanding, know-how and training to elicit the necessary evidence that would support a conviction for sexual violence among the investigators is important (i.e. understanding what the evidence relating to the elements of a crime and available modes of liability is required). Cultural aspects of the region and victims, having several interviews with victims and approaching them with the necessary level of respect and care, as well as a better coordination between the investigators and prosecutors on the evidence required to fulfill the legal requirements, are all important factors to have sexual violence included among the charges. The Manual also highlights that diverse investigative teams, composed of male and female members of different ages and nationalities or regional backgrounds, provide the greatest flexibility in reaching out to and getting cooperation from victims and witnesses. Importantly, the Manual underlines that when interviewing a witness, investigators must refrain from making any assumptions about sexual violence. For instance, investigators should not assume that, because a witness is young, old, disabled, or male, the witness has not experienced sexual violence. The recommendations are made to Senior Management, all trial attorneys, appeals counsel and investigators in the Office of the Prosecutor as well as external interested parties in order to ensure that the prosecution of sexual violence is managed in an effective manner so as to end impunity for these acts and to afford these crimes the attention deserved while maintaining the dignity, safety and protection of the victims of sexual violence.  

%%%ICTR%%% %%%ICTR - Best Practices Manual for the Investigation...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

ICTR, Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Situations of Armed Conflict: Lessons from the International Criminal Tribunal for Rwanda, 2008.

2008 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The Manual provides recommendations on how to improve the investigation and prosecution of sexual violence based on the ICTR practice. It refers, inter alia, to other innovative ways of dealing with witness testimony that can be considered, such as using more written statements of victims/witnesses of sexual violence in lieu of oral testimony and testimonies of other eyewitnesses on their knowledge of sexual violence. Furthermore, the role of management is very important, that is, to have a clear and comprehensive global strategy to address sexual violence crimes, and to communicate this strategy to the entire office from the outset. In addition, the lack of understanding, know-how and training to elicit the necessary evidence that would support a conviction for sexual violence among the investigators is important (i.e. understanding what the evidence relating to the elements of a crime and available modes of liability is required). Cultural aspects of the region and victims, having several interviews with victims and approaching them with the necessary level of respect and care, as well as a better coordination between the investigators and prosecutors on the evidence required to fulfill the legal requirements, are all important factors to have sexual violence included among the charges. The Manual also highlights that diverse investigative teams, composed of male and female members of different ages and nationalities or regional backgrounds, provide the greatest flexibility in reaching out to and getting cooperation from victims and witnesses. Importantly, the Manual underlines that when interviewing a witness, investigators must refrain from making any assumptions about sexual violence. For instance, investigators should not assume that, because a witness is young, old, disabled, or male, the witness has not experienced sexual violence. The recommendations are made to Senior Management, all trial attorneys, appeals counsel and investigators in the Office of the Prosecutor as well as external interested parties in order to ensure that the prosecution of sexual violence is managed in an effective manner so as to end impunity for these acts and to afford these crimes the attention deserved while maintaining the dignity, safety and protection of the victims of sexual violence.  

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Impunity%%%Prosecution%%%Testimony%%%Investigation%%%Management%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%% %%%

ICTR - Prosecution of Sexual Violence...

Literature

Year:
2014
Country:
Rwanda
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Investigation Prosecution Armed Conflict
Author:
ICTR
Full reference:

ICTR, Prosecution of Sexual Violence: Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-conflict Regions - Lessons Learned from the Office of the Prosecutor for the International Criminal Tribunal for Rwanda, 30 January 2014.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

This manual builds forth and expands on the ICTR, Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Situations of Armed Conflict: Lessons from the International Criminal Tribunal for Rwanda, 2008 (see supra) and is the final version of the Manual.

%%%ICTR%%% %%%ICTR - Prosecution of Sexual Violence...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

ICTR, Prosecution of Sexual Violence: Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Post-conflict Regions - Lessons Learned from the Office of the Prosecutor for the International Criminal Tribunal for Rwanda, 30 January 2014.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This manual builds forth and expands on the ICTR, Best Practices Manual for the Investigation and Prosecution of Sexual Violence Crimes in Situations of Armed Conflict: Lessons from the International Criminal Tribunal for Rwanda, 2008 (see supra) and is the final version of the Manual.

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Investigation%%%Prosecution%%%Armed Conflict%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

ICTY Office of the Prosecutor - Prosecuting Sexual Violence...

Literature

Country:
Former Yugoslavia
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Sentencing Testimony Prosecution Management
Author:
ICC Office of the Prosecutor
Full reference:

ICTY Office of the Prosecutor, Prosecuting Sexual Violence Legacy Project, Information Sheet, September 2014.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

According to the information sheet on the ICTY Sexual Violence Legacy Project: “The Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) is working towards documenting its legacy concerning the investigation and prosecution of sexual violence crimes (Legacy Project). As the ICTY completes its work and transitions to the Mechanism for International Criminal Tribunals (MICT), a unique opportunity exists to record information about our experiences and insights concerning sexual violence cases, before the institutional knowledge disperses too far and wide to be easily reconstructed. Our goal is to develop guidance for the future prosecution of sexual violence crimes at the international level as well as at the national level, particularly in the former Yugoslavia. We have now developed the first draft of a comprehensive Manuscript setting out our experience and lessons learned. We aim to finalize a first edition of the Manuscript by around June 2015, with a view to publishing it and launching it in The Hague in the first half of 2016.”

“The Manuscript will include: I. An overview of key insights and recommendations; II. Background on sexual violence in the conflicts in the former Yugoslavia and the establishment of the ICTY; III. Challenges to successful outcomes in sexual violence cases; IV. Strategies for overcoming obstacles to successful sexual violence prosecutions; V. Evidentiary and witness issues in sexual violence cases; VI. Legal strategies for contextualizing conflict-related sexual violence and linking it to senior officials; VII. Sentencing and enforcement of sentences for sexual violence crimes; VIII. The characteristics of sexual violence as reflected in ICTY proceedings; IX. National capacity building for sexual violence crimes; X. Conclusions.”

Reference link:

link

%%%ICC Office of the Prosecutor%%% %%%ICTY Office of the Prosecutor - Prosecuting Sexual Violence...%%% %%%Literature%%% %%%Former Yugoslavia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

ICTY Office of the Prosecutor, Prosecuting Sexual Violence Legacy Project, Information Sheet, September 2014.

%%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%

link

%%%

According to the information sheet on the ICTY Sexual Violence Legacy Project: “The Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) is working towards documenting its legacy concerning the investigation and prosecution of sexual violence crimes (Legacy Project). As the ICTY completes its work and transitions to the Mechanism for International Criminal Tribunals (MICT), a unique opportunity exists to record information about our experiences and insights concerning sexual violence cases, before the institutional knowledge disperses too far and wide to be easily reconstructed. Our goal is to develop guidance for the future prosecution of sexual violence crimes at the international level as well as at the national level, particularly in the former Yugoslavia. We have now developed the first draft of a comprehensive Manuscript setting out our experience and lessons learned. We aim to finalize a first edition of the Manuscript by around June 2015, with a view to publishing it and launching it in The Hague in the first half of 2016.”

“The Manuscript will include: I. An overview of key insights and recommendations; II. Background on sexual violence in the conflicts in the former Yugoslavia and the establishment of the ICTY; III. Challenges to successful outcomes in sexual violence cases; IV. Strategies for overcoming obstacles to successful sexual violence prosecutions; V. Evidentiary and witness issues in sexual violence cases; VI. Legal strategies for contextualizing conflict-related sexual violence and linking it to senior officials; VII. Sentencing and enforcement of sentences for sexual violence crimes; VIII. The characteristics of sexual violence as reflected in ICTY proceedings; IX. National capacity building for sexual violence crimes; X. Conclusions.”

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Sentencing%%%Testimony%%%Prosecution%%%Management%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%% %%%

RHRC - Gender-based Violence Tool Manual...

Literature

Year:
2004
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Gender-Based Violence Investigation Prevention Monitoring Guideline
Author:
Reproductive Health Response in Conflict (RHRC) Consortium
Full reference:

Reproductive Health Response in Conflict (RHRC) Consortium, Gender-based Violence Tool Manual: For Assessment & Program Design, Monitoring & Evaluation in Conflict-affected Settings, 2004.

Type of Literature:
Manual
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

The manual is meant to be used by humanitarian professionals who have experience with and are committed to GBV prevention and response. The tools in this manual are intended to improve data collection efforts on GBV in humanitarian settings. The tools are divided into three major categories: assessment, program design, and program monitoring and evaluation. The assessment tools are meant to improve awareness of the nature and scope of GBV in a given setting, to assist in gathering information about local attitudes and behaviors related to GBV, and to identify existing GBV services and gaps in services within the community.

The assessment section contains situational analysis, focus group, pair-wise ranking, mapping and causal flow analysis guidelines, as well as a draft prevalence survey questionnaire and an accompanying sample interviewer training handbook. These assessment tools may be used independently or in conjunction with each other, depending on the needs of the setting. The situational analysis tool is based on a multi-sectoral model of GBV prevention and response, and should be used to guide programming efforts that support existing services and respond to gaps in those services. The focus group guidelines highlight some of the more important issues in conducting qualitative research on GBV, and list specific questions that may be used to investigate local communities’ knowledge, attitudes, and behavior related to GBV. The program design tools may be used for designing and implementing projects whose outcomes meet intended goals, and for improving hiring practices within GBV programs. The program design section includes a causal pathway framework, as well as some program implementation tools, including hiring guidelines, a standardized Rights and Responsibilities of GBV Program Beneficiaries and Employees, and a sample Code of Conduct for GBV staff. The causal pathway framework offers a method for designing and implementing programs that follows a logical progression towards an intended goal. The remaining program design tools are intended to address an important foundation of all GBV programs: professional hiring practices of staff who are familiar with basic GBV-related issues in their communities, and who understand that working in a GBV program requires committing to the human rights values that GBV programs promote.

The program monitoring and evaluation tools assist in evaluating program effectiveness, as well as in recognizing short- and long-term service utilization and service delivery trends that may be used to adjust programming. The monitoring and evaluation section contains sample GBV output and effect indicators, an incident report form including a consent for release of information, monthly statistical forms, and a client feedback form. These tools have been developed by GBV professionals with extensive experience working in humanitarian settings, and are meant to establish global standards and procedures for GBV data collection within cultures as well as cross-culturally. It is therefore strongly recommended that field professionals use the monitoring and evaluation forms as they are presented in this manual. Revisions and adjustments to the forms will limit standardization and comparability of data collection.

%%%Reproductive Health Response in Conflict (RHRC) Consortium%%% %%%RHRC - Gender-based Violence Tool Manual...%%% %%%Literature%%% %%% %%%

Reproductive Health Response in Conflict (RHRC) Consortium, Gender-based Violence Tool Manual: For Assessment & Program Design, Monitoring & Evaluation in Conflict-affected Settings, 2004.

2004 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The manual is meant to be used by humanitarian professionals who have experience with and are committed to GBV prevention and response. The tools in this manual are intended to improve data collection efforts on GBV in humanitarian settings. The tools are divided into three major categories: assessment, program design, and program monitoring and evaluation. The assessment tools are meant to improve awareness of the nature and scope of GBV in a given setting, to assist in gathering information about local attitudes and behaviors related to GBV, and to identify existing GBV services and gaps in services within the community.

The assessment section contains situational analysis, focus group, pair-wise ranking, mapping and causal flow analysis guidelines, as well as a draft prevalence survey questionnaire and an accompanying sample interviewer training handbook. These assessment tools may be used independently or in conjunction with each other, depending on the needs of the setting. The situational analysis tool is based on a multi-sectoral model of GBV prevention and response, and should be used to guide programming efforts that support existing services and respond to gaps in those services. The focus group guidelines highlight some of the more important issues in conducting qualitative research on GBV, and list specific questions that may be used to investigate local communities’ knowledge, attitudes, and behavior related to GBV. The program design tools may be used for designing and implementing projects whose outcomes meet intended goals, and for improving hiring practices within GBV programs. The program design section includes a causal pathway framework, as well as some program implementation tools, including hiring guidelines, a standardized Rights and Responsibilities of GBV Program Beneficiaries and Employees, and a sample Code of Conduct for GBV staff. The causal pathway framework offers a method for designing and implementing programs that follows a logical progression towards an intended goal. The remaining program design tools are intended to address an important foundation of all GBV programs: professional hiring practices of staff who are familiar with basic GBV-related issues in their communities, and who understand that working in a GBV program requires committing to the human rights values that GBV programs promote.

The program monitoring and evaluation tools assist in evaluating program effectiveness, as well as in recognizing short- and long-term service utilization and service delivery trends that may be used to adjust programming. The monitoring and evaluation section contains sample GBV output and effect indicators, an incident report form including a consent for release of information, monthly statistical forms, and a client feedback form. These tools have been developed by GBV professionals with extensive experience working in humanitarian settings, and are meant to establish global standards and procedures for GBV data collection within cultures as well as cross-culturally. It is therefore strongly recommended that field professionals use the monitoring and evaluation forms as they are presented in this manual. Revisions and adjustments to the forms will limit standardization and comparability of data collection.

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Gender-Based Violence%%%Investigation%%%Prevention%%%Monitoring%%%Guideline%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Manual%%% %%% %%% %%% %%% %%% %%% %%%

Women's Initiative for Gender Justice - Guidelines and Methods...

Literature

Year:
2005
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Gender-Based Violence Prosecution Guideline Expertise in trauma related to crimes of sexual violence Mental health disorders
Author:
Women’s Initiative for Gender Justice
Full reference:

Women’s Initiative for Gender Justice, Gender in Practice: Guidelines and Methods to Address Gender Based Crimes in Armed Conflict, 2005.

Type of Literature:
Manual
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

This Training Handbook is intended to assist in working with women affected by sexualized violence and gender based crime in times of armed conflict and war. The Handbook draws on the work of many organizations that have been working to bring to the foreground the brutality of armed conflict and its impact on women. This resource aims to complement existing resources and addresses the preexisting conditions of gender inequality where women’s diverse and multidimensional identities (class, race, ethnicity, sexuality, age, disability) are appropriated as the basis for specific and targeted violence against women and examines the ways in which sexuality and gender impact on the process and outcomes of justice.

The Training Handbook aims to: (1) assist in understanding the aspects of sex role stereotyping that contribute to the nature and impact of gender based and sexual crimes; (2) assist in the development of effective and gender competent investigations and prosecutions by the International Criminal Court in relation to gender-based and sexual violence; (3) ensure an atmosphere of trust and consistency is afforded to victims, witnesses and investigator during the interview and justice process; (4) enable an understanding of the diverse elements that influence the psychosocial settings of these crimes; (5) enhance understanding of the physical and psychological consequences of sexual violence on victims and witnesses, specifically recognizing symptoms of post-traumatic stress disorder and co-morbidity; (6) ensure that witnesses have the appropriate support and protection needed to participate in the justice process; and (7) expand on the current characterizations of sexual violence in international humanitarian law. Part I deals with understanding violence in the context of gender, including interview techniques; Part II with physical and psychological consequences of sexual violence; and Part III with the legal framework and jurisprudence on sexual and gender based crimes.

%%%Women’s Initiative for Gender Justice%%% %%%Women's Initiative for Gender Justice - Guidelines and Methods...%%% %%%Literature%%% %%% %%%International Criminal Court%%%

Women’s Initiative for Gender Justice, Gender in Practice: Guidelines and Methods to Address Gender Based Crimes in Armed Conflict, 2005.

2005 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This Training Handbook is intended to assist in working with women affected by sexualized violence and gender based crime in times of armed conflict and war. The Handbook draws on the work of many organizations that have been working to bring to the foreground the brutality of armed conflict and its impact on women. This resource aims to complement existing resources and addresses the preexisting conditions of gender inequality where women’s diverse and multidimensional identities (class, race, ethnicity, sexuality, age, disability) are appropriated as the basis for specific and targeted violence against women and examines the ways in which sexuality and gender impact on the process and outcomes of justice.

The Training Handbook aims to: (1) assist in understanding the aspects of sex role stereotyping that contribute to the nature and impact of gender based and sexual crimes; (2) assist in the development of effective and gender competent investigations and prosecutions by the International Criminal Court in relation to gender-based and sexual violence; (3) ensure an atmosphere of trust and consistency is afforded to victims, witnesses and investigator during the interview and justice process; (4) enable an understanding of the diverse elements that influence the psychosocial settings of these crimes; (5) enhance understanding of the physical and psychological consequences of sexual violence on victims and witnesses, specifically recognizing symptoms of post-traumatic stress disorder and co-morbidity; (6) ensure that witnesses have the appropriate support and protection needed to participate in the justice process; and (7) expand on the current characterizations of sexual violence in international humanitarian law. Part I deals with understanding violence in the context of gender, including interview techniques; Part II with physical and psychological consequences of sexual violence; and Part III with the legal framework and jurisprudence on sexual and gender based crimes.

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Gender-Based Violence%%%Prosecution%%%Guideline%%%Expertise in trauma related to crimes of sexual violence%%%Mental health disorders%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Manual%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%%Female victim%%% %%%

World Health Organization - WHO Ethical and Safety Recommendations...

Literature

Year:
2007
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Guideline Investigation Emergency
Author:
World Health Organization
Full reference:

World Health Organization, WHO Ethical and Safety Recommendations for Researching, Documenting and Monitoring Sexual Violence in Emergencies, Geneva, Switzerland: World Health Organization, 2007.

Type of Literature:
Manual
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

This document applies to all forms of inquiry about sexual violence in emergencies. In total, eight recommendations are offered. Collectively, these recommendations are intended to ensure that the necessary safety and ethical safeguards are in place prior to commencement of any information gathering exercise concerning sexual violence in emergencies. In each case, accompanying text sets out key safety and ethical issues that need to be addressed and the questions that must be asked when planning any information collection exercise involving sexual violence. These should also inform decisions about whether such an exercise should be undertaken. Wherever possible, the discussion is supported by boxed examples of good practice drawn from experience from the field in both emergency and non-emergency settings.

For further information on a range of topics, users are referred to the list of additional resources and suggested further reading which is included as an Annex to the document. This document is not intended to be an all-inclusive or stand-alone guidance document for information gathering about sexual violence in emergencies. Rather, it is designed to complement and add to existing professional standards, guidelines and other practice and oversight tools and guides governing research and documentation more broadly in these settings, which include (but are not limited to): institutional research protocols and policies; protocols and practices for providing direct services to survivors; locally established procedures for obtaining consent, documenting sexual violence incidents, and referring to others for assistance and services; standards and policies for human rights investigations; organizational policies for staff recruitment, hiring, training and supervision: and in internationally agreed standards for research involving human subjects.

%%%World Health Organization%%% %%%World Health Organization - WHO Ethical and Safety Recommendations...%%% %%%Literature%%% %%% %%%

World Health Organization, WHO Ethical and Safety Recommendations for Researching, Documenting and Monitoring Sexual Violence in Emergencies, Geneva, Switzerland: World Health Organization, 2007.

2007 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This document applies to all forms of inquiry about sexual violence in emergencies. In total, eight recommendations are offered. Collectively, these recommendations are intended to ensure that the necessary safety and ethical safeguards are in place prior to commencement of any information gathering exercise concerning sexual violence in emergencies. In each case, accompanying text sets out key safety and ethical issues that need to be addressed and the questions that must be asked when planning any information collection exercise involving sexual violence. These should also inform decisions about whether such an exercise should be undertaken. Wherever possible, the discussion is supported by boxed examples of good practice drawn from experience from the field in both emergency and non-emergency settings.

For further information on a range of topics, users are referred to the list of additional resources and suggested further reading which is included as an Annex to the document. This document is not intended to be an all-inclusive or stand-alone guidance document for information gathering about sexual violence in emergencies. Rather, it is designed to complement and add to existing professional standards, guidelines and other practice and oversight tools and guides governing research and documentation more broadly in these settings, which include (but are not limited to): institutional research protocols and policies; protocols and practices for providing direct services to survivors; locally established procedures for obtaining consent, documenting sexual violence incidents, and referring to others for assistance and services; standards and policies for human rights investigations; organizational policies for staff recruitment, hiring, training and supervision: and in internationally agreed standards for research involving human subjects.

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Guideline%%%Investigation%%%Emergency%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Manual%%% %%% %%% %%% %%% %%% %%% %%%

Aranburu - Sexual Violence Beyond Reasonable Doubt...

Literature

Year:
2010
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
Prosecution Expertise in sexual violence Survivor Investigation
Author:
Aranburu, Xabier Agirre
Full reference:

Aranburu, Xabier Agirre, Sexual Violence Beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases, 23 Leiden Journal of International Law (2010) 609-627.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

This article deals with the issue of how statistical evidence and analyses can be useful for international criminal prosecution. Aranburu, a Senior Analyst in the OTP of the International Criminal Court, states: “we need descriptive statistics to show that the crime is grave, that its scope warrants the International Criminal Court, which intends to take only the most serious cases.” According to him, pattern evidence has been used to investigate large-scale killings, destruction, and displacement, but much less for sexual violence.

International crimes often comprise a large number of incidents that can be characterized as a pattern as long as they show common features on all or most of the following aspects: (1) the profile of the perpetrators; (2) the profile of the victims; (3) the geographical and chronological distribution profile of the victims; and (4) the modus operandi in the commission of the crime. The Elements of Crimes of the International Criminal Court explicitly mentions the “context of a manifest pattern of similar conduct” in the definition of genocide.

However, for those planning to use statistical evidence in a legal proceeding, such evidence must follow methodologies accepted by the scientific community, be subject to peer review, be properly sourced and justified. Impartiality of the findings will be important. Aranburu noted that there are challenges to using pattern evidence on at least three levels: (1) the tendency of law enforcement and judicial institutions to ignore sexual violence requires direction from the top of these institutions to correct; (2) sexual violence continues to be under-reported; and (3) whatever evidence is provided needs to stand up to the scrutiny of experts and others who are not directly involved in the conflict. The need for interdisciplinarity is not just one for the gathering of evidence and the development of sound international judicial proceedings. It is also essential to the treatment of the survivors of this violence and ultimately to the development of durable peace.

%%%Aranburu, Xabier Agirre%%% %%%Aranburu - Sexual Violence Beyond Reasonable Doubt...%%% %%%Literature%%% %%% %%%International Criminal Court%%%

Aranburu, Xabier Agirre, Sexual Violence Beyond Reasonable Doubt: Using Pattern Evidence and Analysis for International Cases, 23 Leiden Journal of International Law (2010) 609-627.

2010 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article deals with the issue of how statistical evidence and analyses can be useful for international criminal prosecution. Aranburu, a Senior Analyst in the OTP of the International Criminal Court, states: “we need descriptive statistics to show that the crime is grave, that its scope warrants the International Criminal Court, which intends to take only the most serious cases.” According to him, pattern evidence has been used to investigate large-scale killings, destruction, and displacement, but much less for sexual violence.

International crimes often comprise a large number of incidents that can be characterized as a pattern as long as they show common features on all or most of the following aspects: (1) the profile of the perpetrators; (2) the profile of the victims; (3) the geographical and chronological distribution profile of the victims; and (4) the modus operandi in the commission of the crime. The Elements of Crimes of the International Criminal Court explicitly mentions the “context of a manifest pattern of similar conduct” in the definition of genocide.

However, for those planning to use statistical evidence in a legal proceeding, such evidence must follow methodologies accepted by the scientific community, be subject to peer review, be properly sourced and justified. Impartiality of the findings will be important. Aranburu noted that there are challenges to using pattern evidence on at least three levels: (1) the tendency of law enforcement and judicial institutions to ignore sexual violence requires direction from the top of these institutions to correct; (2) sexual violence continues to be under-reported; and (3) whatever evidence is provided needs to stand up to the scrutiny of experts and others who are not directly involved in the conflict. The need for interdisciplinarity is not just one for the gathering of evidence and the development of sound international judicial proceedings. It is also essential to the treatment of the survivors of this violence and ultimately to the development of durable peace.

%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%Prosecution%%%Expertise in sexual violence%%%Survivor%%%Investigation%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%% %%%

Ayat - Quelques Apports des Tribunaux Pénaux Internationaux...

Literature

Country:
Rwanda
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Impunity Rape Rape as a weapon of war Investigation Armed Conflict
Author:
Ayat, Mohammad
Full reference:

Ayat, Mohammad, Quelques Apports des Tribunaux Pénaux Internationaux, Ad Hoc et Notamment le TPIR, à la Lutte Contre les Violences Sexuelles Subies par les Femmes Durant les Génocides et les Con?its Armés, 10 International Criminal Law Review (2010) 787-827.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

Sexual violence is amongst the most outrageous and rampant weapons of armed con?icts and mass crimes. During the Rwandan genocide in 1994, sexual violence and rape of women were the rule rather than the exception.

The international penal tribunals were established with the main objective of ?ghting impunity of core crimes including the area of sexual violence. This article presents some of the major contributions of international criminal justice, notably the ICTR, to the latter area. It is divided into two parts. The ?rst one deals with the procedure. The analysis notably covers: investigation, witness protection and the rules of evidence used to prove sexual violence. The second part examines the contributions in substantial criminal law. The most salient is the elaboration of an international de?nition of rape, and the labelling of rape as an act of genocide. 

%%%Ayat, Mohammad%%% %%%Ayat - Quelques Apports des Tribunaux Pénaux Internationaux...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Ayat, Mohammad, Quelques Apports des Tribunaux Pénaux Internationaux, Ad Hoc et Notamment le TPIR, à la Lutte Contre les Violences Sexuelles Subies par les Femmes Durant les Génocides et les Con?its Armés, 10 International Criminal Law Review (2010) 787-827.

%%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence is amongst the most outrageous and rampant weapons of armed con?icts and mass crimes. During the Rwandan genocide in 1994, sexual violence and rape of women were the rule rather than the exception.

The international penal tribunals were established with the main objective of ?ghting impunity of core crimes including the area of sexual violence. This article presents some of the major contributions of international criminal justice, notably the ICTR, to the latter area. It is divided into two parts. The ?rst one deals with the procedure. The analysis notably covers: investigation, witness protection and the rules of evidence used to prove sexual violence. The second part examines the contributions in substantial criminal law. The most salient is the elaboration of an international de?nition of rape, and the labelling of rape as an act of genocide. 

%%%Definitions/elements of sexual violence crimes%%% %%%Impunity%%%Rape%%%Rape as a weapon of war%%%Investigation%%%Armed Conflict%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%% %%% %%% %%% %%% %%%

Beltz - Prosecuting Rape in International Criminal Tribunals...

Literature

Year:
2008
Country:
Rwanda, Former Yugoslavia
Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Gender violence Testimony Protective Measures Sexual war violence Investigation
Author:
Beltz, Amanda
Full reference:

Beltz, Amanda, Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused, 23 St. John’s J. Legal Comment, 2008-2009, pp. 167-209.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

Part I of this article examines the cultural history of rape in warfare and the measures by which some governments and international conventions have attempted to limit or prosecute wartime rape, including current international tribunals.

Part II outlines the current measures utilized to protect victims and witnesses of gender violence by the International Criminal Court and the ad hoc International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia.

Finally, Part III examines the uniqueness of rape as a crime and examines how the effects of rape require a different approach in analyzing the due process concerns of both the defendants and the victim-witness. It is argued that one of the most effective means of compelling testimony is to offer victims anonymity, even from the defense, when the probability of danger to the victim substantially outweighs the defendant’s need to confront the witness, or, in the alternative, offer permanent relocation or witness protection. Tribunals must also heed the advice of many critics and include female interpreters and investigators in order to more easily compel victim testimony as well and appoint judges who are sensitive and trained in eliciting testimony from victims in a manner that recognizes the psychological impact of rape.

 

 

%%%Beltz, Amanda%%% %%%Beltz - Prosecuting Rape in International Criminal Tribunals...%%% %%%Literature%%% %%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Beltz, Amanda, Prosecuting Rape in International Criminal Tribunals: The Need to Balance Victim’s Rights with the Due Process Rights of the Accused, 23 St. John’s J. Legal Comment, 2008-2009, pp. 167-209.

2008 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Part I of this article examines the cultural history of rape in warfare and the measures by which some governments and international conventions have attempted to limit or prosecute wartime rape, including current international tribunals.

Part II outlines the current measures utilized to protect victims and witnesses of gender violence by the International Criminal Court and the ad hoc International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia.

Finally, Part III examines the uniqueness of rape as a crime and examines how the effects of rape require a different approach in analyzing the due process concerns of both the defendants and the victim-witness. It is argued that one of the most effective means of compelling testimony is to offer victims anonymity, even from the defense, when the probability of danger to the victim substantially outweighs the defendant’s need to confront the witness, or, in the alternative, offer permanent relocation or witness protection. Tribunals must also heed the advice of many critics and include female interpreters and investigators in order to more easily compel victim testimony as well and appoint judges who are sensitive and trained in eliciting testimony from victims in a manner that recognizes the psychological impact of rape.

 

 

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Gender violence%%%Testimony%%%Protective Measures%%%Sexual war violence%%%Investigation%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%%Female victim%%% %%%

Bergsmo - Thematic Prosecution of International Sex Crimes...

Literature

Issues:
Procedural rules advancing sexual violence prosecutions
Keywords:
Sex Crime Investigation Prosecution NGO
Author:
Bergsmo, Morten (ed.)
Full reference:

Bergsmo, Morten (ed.), Thematic Prosecution of International Sex Crimes (Beijing: Torkel Opsahl Academic EPublisher 2012).

Type of Literature:
Book
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

This report includes contributions by several authors who address the justification for why criminal justice officials might prioritize the investigation and prosecution of certain themes of core international crimes, in particular international sex crimes. The authors also consider the related questions of whether there should be thematic jurisdictions for international sex crimes (special courts or chambers), whether there should be special investigative and case preparatory institutional capacity for such crimes, or other forms of special measures to facilitate such investigations and prosecutions. Moreover, the role of activist non-governmental organizations in the decision-making processes that lead to thematic investigation and prosecution was also discussed.

%%%Bergsmo, Morten (ed.)%%% %%%Bergsmo - Thematic Prosecution of International Sex Crimes...%%% %%%Literature%%% %%% %%%

Bergsmo, Morten (ed.), Thematic Prosecution of International Sex Crimes (Beijing: Torkel Opsahl Academic EPublisher 2012).

%%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This report includes contributions by several authors who address the justification for why criminal justice officials might prioritize the investigation and prosecution of certain themes of core international crimes, in particular international sex crimes. The authors also consider the related questions of whether there should be thematic jurisdictions for international sex crimes (special courts or chambers), whether there should be special investigative and case preparatory institutional capacity for such crimes, or other forms of special measures to facilitate such investigations and prosecutions. Moreover, the role of activist non-governmental organizations in the decision-making processes that lead to thematic investigation and prosecution was also discussed.

%%%Procedural rules advancing sexual violence prosecutions%%% %%%Sex Crime%%%Investigation%%%Prosecution%%%NGO%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Book%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Bergsmo et al. - Understanding and Proving...

Literature

Year:
2012
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Responsibility Domestic law Rape as a weapon of war Prosecution Persecution on Sexual Grounds
Author:
Bergsmo, Morten, Alf Butenschøn Skre and Elisabeth J. Wood (eds.)
Full reference:

Bergsmo, Morten, Alf Butenschøn Skre and Elisabeth J. Wood (eds.), Understanding and Proving International Sex Crimes (Beijing: Torkel Opsahl Academic EPublisher 2012).

Type of Literature:
Book
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

The enforcement of criminal responsibility for international sex crimes remains feeble, especially at the national level. Serious international sex crimes go unpunished. Reference is frequently made both at the international and national levels to the difficulties of proving such crimes. Is this true or used as an excuse? Among the questions discussed in this book by several authors are the following: What are the legal requirements for such crimes for the different forms of participation in their commission? Which requirements are conduct-specific and which refer to the context in which the conduct occurred? How have the different legal requirements been proved in cases? Where do the main difficulties lie and what are the typical excuses? What is the significance of ‘systematic’ sexual violence, sexual violence as a ‘tool or instrument of warfare’, and sexual violence as ‘persecution’? What can be learned from the prosecution of other international crimes for the prosecution of sex crimes specifically?

%%%Bergsmo, Morten, Alf Butenschøn Skre and Elisabeth J. Wood (eds.)%%% %%%Bergsmo et al. - Understanding and Proving...%%% %%%Literature%%% %%% %%%

Bergsmo, Morten, Alf Butenschøn Skre and Elisabeth J. Wood (eds.), Understanding and Proving International Sex Crimes (Beijing: Torkel Opsahl Academic EPublisher 2012).

2012 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The enforcement of criminal responsibility for international sex crimes remains feeble, especially at the national level. Serious international sex crimes go unpunished. Reference is frequently made both at the international and national levels to the difficulties of proving such crimes. Is this true or used as an excuse? Among the questions discussed in this book by several authors are the following: What are the legal requirements for such crimes for the different forms of participation in their commission? Which requirements are conduct-specific and which refer to the context in which the conduct occurred? How have the different legal requirements been proved in cases? Where do the main difficulties lie and what are the typical excuses? What is the significance of ‘systematic’ sexual violence, sexual violence as a ‘tool or instrument of warfare’, and sexual violence as ‘persecution’? What can be learned from the prosecution of other international crimes for the prosecution of sex crimes specifically?

%%%Definitions/elements of sexual violence crimes%%% %%%Responsibility%%%Domestic law%%%Rape as a weapon of war%%%Prosecution%%%Persecution on Sexual Grounds%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Book%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Bianchi - The Prosecution of Rape and Sexual Violence...

Literature

Year:
2013
Country:
Rwanda
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Investigation Guideline Prosecution Armed Conflict Conviction
Author:
Bianchi, Linda
Full reference:

Bianchi, Linda, ‘The Prosecution of Rape and Sexual Violence: Lessons from Prosecutions at the ICTR’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 123-122.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

Bianchi, in her chapter on the ICTR, argues that despite the low number of ICTR convictions for sexual violence, the record thereof is not that bad when taking into account the totality of the record of cases tried at the ICTR. She discusses how the ICTR, having faced several challenges in the investigation and prosecution of sexual violence crimes, being a pioneer in the field, established a Committee for the Review of the Investigation and Prosecution of Sexual Violence in 2007.

The work of this committee resulted in a “Best Practices Manual on the Investigation and Prosecution of Sexual Violence Crimes in Situations of Armed Conflict.” The Manual provides recommendations on how to improve the investigation and prosecution of sexual violence and Bianchi elaborates upon these recommendations in her chapter.

%%%Bianchi, Linda%%% %%%Bianchi - The Prosecution of Rape and Sexual Violence...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Bianchi, Linda, ‘The Prosecution of Rape and Sexual Violence: Lessons from Prosecutions at the ICTR’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 123-122.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Bianchi, in her chapter on the ICTR, argues that despite the low number of ICTR convictions for sexual violence, the record thereof is not that bad when taking into account the totality of the record of cases tried at the ICTR. She discusses how the ICTR, having faced several challenges in the investigation and prosecution of sexual violence crimes, being a pioneer in the field, established a Committee for the Review of the Investigation and Prosecution of Sexual Violence in 2007.

The work of this committee resulted in a “Best Practices Manual on the Investigation and Prosecution of Sexual Violence Crimes in Situations of Armed Conflict.” The Manual provides recommendations on how to improve the investigation and prosecution of sexual violence and Bianchi elaborates upon these recommendations in her chapter.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Investigation%%%Guideline%%%Prosecution%%%Armed Conflict%%%Conviction%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Boot et al. - The International Criminal Court and Victims...

Literature

Year:
2005
Country:
Rwanda, Former Yugoslavia
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Female judge Gender Sensitive Measures Gender violence Women-friendly Institution
Author:
Boot, Cherie and Max Du Plessis
Full reference:

Boot, Cherie and Max Du Plessis, The International Criminal Court and Victims of Sexual Violence, 18 S. Afr. J. Crim. Just. (2005) 241-258.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
Description:

In this article the authors discuss the scourge of sexual violence against women and girls and consider one possible response in the form of the established International Criminal Court (ICC). The article’s focus is twofold. The authors first discuss the impressive (and unprecedented) number of women judges that have been appointed to the Court.

The authors argue that these appointments will help to ensure that the ICC is a women-friendly institution for the victims and witnesses that appear before it. This suggestion is bolstered by the jurisprudence of the ad hoc Tribunals for Yugoslavia (ICTY) and Rwanda (ICTR) where experience has shown that the ultimate beneficiaries of a ‘fair representation of female judges’ on the bench are the victims of sexual violence themselves. The composition of the ICC bench leads to the article’s second focus. The authors consider the wide range of sexual offences which might be prosecuted before the ICC and, through a discussion of the ICTY and ICTR experiences, highlight the role that the ICC and its judges might play in the realization of women’s rights against sexual violence.

%%%Boot, Cherie and Max Du Plessis%%% %%%Boot et al. - The International Criminal Court and Victims...%%% %%%Literature%%% %%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Criminal Court%%%

Boot, Cherie and Max Du Plessis, The International Criminal Court and Victims of Sexual Violence, 18 S. Afr. J. Crim. Just. (2005) 241-258.

2005 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In this article the authors discuss the scourge of sexual violence against women and girls and consider one possible response in the form of the established International Criminal Court (ICC). The article’s focus is twofold. The authors first discuss the impressive (and unprecedented) number of women judges that have been appointed to the Court.

The authors argue that these appointments will help to ensure that the ICC is a women-friendly institution for the victims and witnesses that appear before it. This suggestion is bolstered by the jurisprudence of the ad hoc Tribunals for Yugoslavia (ICTY) and Rwanda (ICTR) where experience has shown that the ultimate beneficiaries of a ‘fair representation of female judges’ on the bench are the victims of sexual violence themselves. The composition of the ICC bench leads to the article’s second focus. The authors consider the wide range of sexual offences which might be prosecuted before the ICC and, through a discussion of the ICTY and ICTR experiences, highlight the role that the ICC and its judges might play in the realization of women’s rights against sexual violence.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Female judge%%%Gender Sensitive Measures%%%Gender violence%%%Women-friendly Institution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%%Female victim%%%Minor victim%%%Male perpetrator%%% %%%

Buss - Learning Our Lessons?...

Literature

Year:
2010
Country:
Rwanda
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Accountability Conviction Acquittal Prosecution
Author:
Buss, Doris
Full reference:

Buss, Doris, ‘Learning Our Lessons? The Rwanda Tribunal Record on Prosecuting Rape’, in Vanessa Munro and Clare McGlynn, Rethinking Rape Law: International and Comparative Perspectives, Routledge 2010, pp. 61-75.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

This chapter outlines the ICTR’s record on sexual violence prosecutions, including the number of rape prosecutions, convictions and acquittals. Buss also examines some of the institutional failings, drawing on the facts of several individual cases to illustrate how these failings impact on the Trial Chamber’s decision making. In a final part, Buss discusses how the level of detail found in Tribunal decisions yields different readings of the Tribunal record.

%%%Buss, Doris%%% %%%Buss - Learning Our Lessons?...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Buss, Doris, ‘Learning Our Lessons? The Rwanda Tribunal Record on Prosecuting Rape’, in Vanessa Munro and Clare McGlynn, Rethinking Rape Law: International and Comparative Perspectives, Routledge 2010, pp. 61-75.

2010 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This chapter outlines the ICTR’s record on sexual violence prosecutions, including the number of rape prosecutions, convictions and acquittals. Buss also examines some of the institutional failings, drawing on the facts of several individual cases to illustrate how these failings impact on the Trial Chamber’s decision making. In a final part, Buss discusses how the level of detail found in Tribunal decisions yields different readings of the Tribunal record.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Accountability%%%Conviction%%%Acquittal%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Copelon - Gender Crimes as War Crimes...

Literature

Year:
2000
Country:
Japan, Rwanda, Former Yugoslavia
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Genocidal Rape Comfort Women Gender violence NGO Prosecution
Author:
Copelon, Ronda
Full reference:

Copelon, Ronda, Gender Crimes as War Crimes: Integrating Crimes against Women into International Criminal Law, 46 McGill Law Journal (2000) 217-240.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

The author identifies the major goals and achievements in the area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations (NGO’s).

Until the 1990s sexual violence in war was largely invisible, a point illustrated by examples of the ‘comfort women’ in Japan during the 1930s and 1940s and the initial failure to prosecute rape and sexual violence in the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Due in a significant measure to the interventions by NGOs, the ad hoc international criminal tribunals have brought gender into mainstream international jurisprudence. For example, the Yugoslavia tribunal has devoted substantial resources to the prosecution of rape and explicitly recognized rape as torture, while the Rwanda tribunal has recognized rape as an act of genocide.

Elsewhere, the Statute of the International Criminal Court is a landmark in codifying not only crimes of sexual and gender violence as part of the ICC’s jurisdiction, but also in establishing procedures to ensure that these crimes and their victims are properly treated. Working towards this end the Women’s Caucus for Gender Justice met with significant opposition. It persisted because of the imperative that sexual violence be seen as part of already recognized forms of violence, such as torture and genocide.

%%%Copelon, Ronda%%% %%%Copelon - Gender Crimes as War Crimes...%%% %%%Literature%%% %%%Japan%%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Copelon, Ronda, Gender Crimes as War Crimes: Integrating Crimes against Women into International Criminal Law, 46 McGill Law Journal (2000) 217-240.

2000 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The author identifies the major goals and achievements in the area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations (NGO’s).

Until the 1990s sexual violence in war was largely invisible, a point illustrated by examples of the ‘comfort women’ in Japan during the 1930s and 1940s and the initial failure to prosecute rape and sexual violence in the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Due in a significant measure to the interventions by NGOs, the ad hoc international criminal tribunals have brought gender into mainstream international jurisprudence. For example, the Yugoslavia tribunal has devoted substantial resources to the prosecution of rape and explicitly recognized rape as torture, while the Rwanda tribunal has recognized rape as an act of genocide.

Elsewhere, the Statute of the International Criminal Court is a landmark in codifying not only crimes of sexual and gender violence as part of the ICC’s jurisdiction, but also in establishing procedures to ensure that these crimes and their victims are properly treated. Working towards this end the Women’s Caucus for Gender Justice met with significant opposition. It persisted because of the imperative that sexual violence be seen as part of already recognized forms of violence, such as torture and genocide.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Genocidal Rape%%%Comfort Women%%%Gender violence%%%NGO%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%% %%%Female victim%%% %%%

De Brouwer - What the International Criminal Court has Achieved

Literature

Year:
2009
Issues:
Achievements and challenges of sexual violence prosecution
Keywords:
Survivor Support Program International Criminal Law Investigation Prosecution
Author:
De Brouwer, Anne-Marie
Full reference:

De Brouwer, Anne-Marie, What the International Criminal Court has Achieved and Can Achieve for Victims/Survivors of Sexual Violence, 16 International Review of Victimology (2009) 183-209.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

In this contribution, the provisions of potential benefit to victims/survivors of sexual violence in the Rome Statute of the International Criminal Court and its subsidiary instruments are discussed. In addition, the Court’s practice to date in investigating and prosecuting sexual violence crimes is examined.

The new regime of the ICC brings with it improvements to international criminal law of benefit to victims/survivors of sexual violence. Whether this also means that the interests of victims/survivors of sexual violence are also better served in practice than under previous processes is, however, discussed, followed by the ICC’s potential to address justice for victims/survivors of sexual violence. In this contribution it will become clear that provisions which are good on paper may not necessarily be sufficient in providing justice to victims of sexual violence. Good implementation of these provisions and of the institutional structures at the Court is needed in order to ensure that the rights given to victims/survivors of sexual violence do not remain merely an empty promise.

%%%De Brouwer, Anne-Marie%%% %%%De Brouwer - What the International Criminal Court has Achieved%%% %%%Literature%%% %%% %%%International Criminal Court%%%

De Brouwer, Anne-Marie, What the International Criminal Court has Achieved and Can Achieve for Victims/Survivors of Sexual Violence, 16 International Review of Victimology (2009) 183-209.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In this contribution, the provisions of potential benefit to victims/survivors of sexual violence in the Rome Statute of the International Criminal Court and its subsidiary instruments are discussed. In addition, the Court’s practice to date in investigating and prosecuting sexual violence crimes is examined.

The new regime of the ICC brings with it improvements to international criminal law of benefit to victims/survivors of sexual violence. Whether this also means that the interests of victims/survivors of sexual violence are also better served in practice than under previous processes is, however, discussed, followed by the ICC’s potential to address justice for victims/survivors of sexual violence. In this contribution it will become clear that provisions which are good on paper may not necessarily be sufficient in providing justice to victims of sexual violence. Good implementation of these provisions and of the institutional structures at the Court is needed in order to ensure that the rights given to victims/survivors of sexual violence do not remain merely an empty promise.

%%%Achievements and challenges of sexual violence prosecution%%% %%%Survivor%%%Support Program%%%International Criminal Law%%%Investigation%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

De Brouwer - The Importance of Understanding Sexual Violence...

Literature

Year:
2015
Issues:
Definitions/elements of sexual violence crimes Sexual violence against men Female perpetrators of sexual violence
Keywords:
Accountability Sexual violence against men/boy Armed Conflict Investigation Prosecution
Author:
De Brouwer, Anne-Marie
Full reference:

De Brouwer, Anne-Marie, The Importance of Understanding Sexual Violence in Conflict for Investigation and Prosecution Purposes, 48(3) Cornell International Law Journal (2015).

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Before we can effectively improve the investigation and prosecution of sexual violence in conflict, we need to understand what we are discussing. This article discusses some of the least addressed realities surrounding sexual violence in conflict, which are important to discuss in order to investigate and prosecute fully the variety of sexual violence on national and international levels.

Section I focuses on the variety of sexual violence in conflict, by looking at male sexual violence and female perpetrators of sexual violence, issues still often overlooked. Section II focuses on the reluctance to address sexual violence in conflict and where this reluctance may be stemming from. It is argued that the reluctance is in particular to be found with court officials, rather than with the victims of sexual violence as is often proclaimed.

Section II focuses on the ways forward in investigating and prosecuting sexual violence in conflict with the varieties, realities and complexities of sexual violence in conflict in mind. This section addresses two important issues that must be addressed in order to improve the investigation and prosecution of sexual violence before international tribunals: the gathering of evidence during the investigation phase and the evidence required to link sexual violence to high level accused.

%%%De Brouwer, Anne-Marie%%% %%%De Brouwer - The Importance of Understanding Sexual Violence...%%% %%%Literature%%% %%% %%%

De Brouwer, Anne-Marie, The Importance of Understanding Sexual Violence in Conflict for Investigation and Prosecution Purposes, 48(3) Cornell International Law Journal (2015).

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Before we can effectively improve the investigation and prosecution of sexual violence in conflict, we need to understand what we are discussing. This article discusses some of the least addressed realities surrounding sexual violence in conflict, which are important to discuss in order to investigate and prosecute fully the variety of sexual violence on national and international levels.

Section I focuses on the variety of sexual violence in conflict, by looking at male sexual violence and female perpetrators of sexual violence, issues still often overlooked. Section II focuses on the reluctance to address sexual violence in conflict and where this reluctance may be stemming from. It is argued that the reluctance is in particular to be found with court officials, rather than with the victims of sexual violence as is often proclaimed.

Section II focuses on the ways forward in investigating and prosecuting sexual violence in conflict with the varieties, realities and complexities of sexual violence in conflict in mind. This section addresses two important issues that must be addressed in order to improve the investigation and prosecution of sexual violence before international tribunals: the gathering of evidence during the investigation phase and the evidence required to link sexual violence to high level accused.

%%%Definitions/elements of sexual violence crimes%%%Sexual violence against men%%%Female perpetrators of sexual violence%%% %%%Accountability%%%Sexual violence against men/boy%%%Armed Conflict%%%Investigation%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%%Male perpetrator%%%Female perpetrator%%%Female victim%%%Male victim%%% %%%

Fitzgerald - Problems of Prosecution and Adjudication of Rape...

Literature

Year:
1997
Country:
Former Yugoslavia
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
Sexual Assault/Attack/Abuse Rape Protective Measures Problems of Prosecution
Author:
Fitzgerald, Kate
Full reference:

Fitzgerald, Kate, Problems of Prosecution and Adjudication of Rape and Other Sexual Assault under International Law, 8 European Journal of International Law (1997) 638-663.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

This article examines some of the problems inherent in the international prosecution and adjudication of rape and other sexual assaults and, where relevant, how they are being addressed by the International Criminal Tribunal for the Former Yugoslavia. By examining four broad areas - limits on evidence able to be led in cases of sexual assault, protection for victims and witnesses, collection of evidence and judicial education - it will be demonstrated that a progressive legislative framework is not necessarily sufficient to ensure successful international prosecution and adjudication of rape and other sexual assaults.

%%%Fitzgerald, Kate%%% %%%Fitzgerald - Problems of Prosecution and Adjudication of Rape...%%% %%%Literature%%% %%%Former Yugoslavia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Fitzgerald, Kate, Problems of Prosecution and Adjudication of Rape and Other Sexual Assault under International Law, 8 European Journal of International Law (1997) 638-663.

1997 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article examines some of the problems inherent in the international prosecution and adjudication of rape and other sexual assaults and, where relevant, how they are being addressed by the International Criminal Tribunal for the Former Yugoslavia. By examining four broad areas - limits on evidence able to be led in cases of sexual assault, protection for victims and witnesses, collection of evidence and judicial education - it will be demonstrated that a progressive legislative framework is not necessarily sufficient to ensure successful international prosecution and adjudication of rape and other sexual assaults.

%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%Sexual Assault/Attack/Abuse%%%Rape%%%Protective Measures%%%Problems of Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%% %%% %%%

Franklin - Failed Rape Prosecutions...

Literature

Year:
2008
Country:
Rwanda
Issues:
Definitions/elements of sexual violence crimes Achievements and challenges of sexual violence prosecution
Keywords:
Akayesu Rape Testimony Prosecution
Author:
Franklin, Daniel J.
Full reference:

Franklin, Daniel J., Failed Rape Prosecutions at the International Criminal Tribunal for Rwanda, 9 Geo. J. Gender & L. (2008) 181-214.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

This article discusses how rape as a crime against humanity has been charged at the ICTR, culminating in the groundbreaking Akayesu judgment.

Part II then discusses the prosecutorial success rate of rape as crimes against humanity charges following Akayesu. This success rate is examined in light of the success rate of other charges brought before ICTR.

Part III takes a closer look at Akayesu, its initial promise and eventual failure.

Part IV examines the failed post-Akayesu rape as crimes against humanity charges.

Part V compares these failed charges, focusing on the definition of rape applied in each prosecution and on evidentiary issues that arose during trial, i.e. the Kajelijeli, Kamuhanda, Musema, Niyitegeka, Semanza, and Bisengimana and Serushago cases are discussed. This Part also concludes by examining how prosecutors could have used expert testimony and other means of corroboration in order to sufficiently strengthen their evidence and win conviction on the rape as crimes against humanity charges.

%%%Franklin, Daniel J.%%% %%%Franklin - Failed Rape Prosecutions...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Franklin, Daniel J., Failed Rape Prosecutions at the International Criminal Tribunal for Rwanda, 9 Geo. J. Gender & L. (2008) 181-214.

2008 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article discusses how rape as a crime against humanity has been charged at the ICTR, culminating in the groundbreaking Akayesu judgment.

Part II then discusses the prosecutorial success rate of rape as crimes against humanity charges following Akayesu. This success rate is examined in light of the success rate of other charges brought before ICTR.

Part III takes a closer look at Akayesu, its initial promise and eventual failure.

Part IV examines the failed post-Akayesu rape as crimes against humanity charges.

Part V compares these failed charges, focusing on the definition of rape applied in each prosecution and on evidentiary issues that arose during trial, i.e. the Kajelijeli, Kamuhanda, Musema, Niyitegeka, Semanza, and Bisengimana and Serushago cases are discussed. This Part also concludes by examining how prosecutors could have used expert testimony and other means of corroboration in order to sufficiently strengthen their evidence and win conviction on the rape as crimes against humanity charges.

%%%Definitions/elements of sexual violence crimes%%%Achievements and challenges of sexual violence prosecution%%% %%%Akayesu%%%Rape%%%Testimony%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Crimes against humanity%%% %%%Rape%%% %%% %%% %%% %%%

Goldstone - Prosecuting Rape as a War Crime

Literature

Year:
2002
Country:
Rwanda, Former Yugoslavia
Issues:
Sexual violence against men Definitions/elements of sexual violence crimes
Keywords:
Form of aggression Akayesu Mass Rape Mental harm Outrages upon Personal Dignity
Author:
Goldstone, Richard
Full reference:

Goldstone, Richard, Prosecuting Rape as a War Crime, 34 Case Western Reserve Journal of International Law (2002) 277-285.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

One of the most important successes of the ICTY and ICTR has been in the development of international humanitarian law, especially in the area of the treatment of gender-related crime and particularly systematic mass rape. In September 1998, a Trial Chamber of the Rwanda Tribunal, sitting in Arusha, delivered judgment in the case of the Prosecutor v. Jean-Paul Akayesu.The three judges were drawn from three countries around the world. On behalf of the international community, the judges stated in clear terms that in their opinion, “Rape is a form of aggression. Rape is a violation of personal dignity,” and “Rape and sexual violence constitute one of the worst ways of harming the victim as he or she suffers both bodily and mental harm.” It is significant that the judges referred to ‘he’ as well as ‘she’ because one of the horrible phenomena to come out of these wars is the rape of men by men. Goldstone also describes why he appointed a Gender Legal Advisor, an outstanding American lawyer, Patricia Sellers and that he was amazed at the gender bias that emerged in the ICTY’s international office. The article provides insight into the early years of existence of the Tribunals and how to improve the lack of attention to sexual violence prosecutions.

%%%Goldstone, Richard%%% %%%Goldstone - Prosecuting Rape as a War Crime%%% %%%Literature%%% %%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Goldstone, Richard, Prosecuting Rape as a War Crime, 34 Case Western Reserve Journal of International Law (2002) 277-285.

2002 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

One of the most important successes of the ICTY and ICTR has been in the development of international humanitarian law, especially in the area of the treatment of gender-related crime and particularly systematic mass rape. In September 1998, a Trial Chamber of the Rwanda Tribunal, sitting in Arusha, delivered judgment in the case of the Prosecutor v. Jean-Paul Akayesu.The three judges were drawn from three countries around the world. On behalf of the international community, the judges stated in clear terms that in their opinion, “Rape is a form of aggression. Rape is a violation of personal dignity,” and “Rape and sexual violence constitute one of the worst ways of harming the victim as he or she suffers both bodily and mental harm.” It is significant that the judges referred to ‘he’ as well as ‘she’ because one of the horrible phenomena to come out of these wars is the rape of men by men. Goldstone also describes why he appointed a Gender Legal Advisor, an outstanding American lawyer, Patricia Sellers and that he was amazed at the gender bias that emerged in the ICTY’s international office. The article provides insight into the early years of existence of the Tribunals and how to improve the lack of attention to sexual violence prosecutions.

%%%Sexual violence against men%%%Definitions/elements of sexual violence crimes%%% %%%Form of aggression%%%Akayesu%%%Mass Rape%%%Mental harm%%%Outrages upon Personal Dignity%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%War crimes%%% %%%Rape%%%Sexual abuse/assault/violence%%%Outrages upon personal dignity%%%Serious bodily or mental harm%%% %%% %%% %%%Male perpetrator%%%Male victim%%%Female victim%%% %%%

Green et al. - Affecting the Rules for the Prosecution of Rape...

Literature

Year:
1994
Country:
Former Yugoslavia
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Feminist approach Sex Crime Gender-Based Violence Survivor Protective Measures
Author:
Green, Jennifer, Copelon, Ronda, Cotter, Patrick and Beth Stephens
Full reference:

Green, Jennifer, Copelon, Ronda, Cotter, Patrick and Beth Stephens, Affecting the Rules for the Prosecution of Rape and Other Gender-Based Violence Before the International Criminal Tribunal for the former Yugoslavia: A Feminist Proposal and Critique, 5 Hastings Women’s Law Journal (1994) 171-221.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

The authors write about a proposal that was earlier submitted to the judges of the International Criminal Tribunal for the former Yugoslavia for the purpose of influencing the rules adopted by the Tribunal for the prosecution of rape and other sex crimes. Prepared by feminist human rights lawyers and scholars, it is based upon decades of feminist work - psychological, rehabilitative, political, and legal - with women survivors of sexual torture and abuse. The proposal advocates rules to enhance the possibility that what may be the first international prosecution of rape will be effective, tolerable, and just for survivors without sacrificing the legitimate rights of the accused. The proposal identifies a number of issues relating to prosecutions by this Tribunal of rape and other gender-based violence perpetrated in the former Yugoslavia.

It suggests approaches for (1) articulating and defining the subject-matter jurisdiction of the Tribunal for gender-specific violations under international law; (2) developing certain rules of procedure and evidence for the Tribunal; (3) adopting mechanisms for protection of witnesses and victims who provide testimony to the Tribunal, while maintaining fair due process standards for the accused; and (4) providing appropriate redress, including compensation, to victims of these crimes.

%%%Green, Jennifer, Copelon, Ronda, Cotter, Patrick and Beth Stephens%%% %%%Green et al. - Affecting the Rules for the Prosecution of Rape...%%% %%%Literature%%% %%%Former Yugoslavia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Green, Jennifer, Copelon, Ronda, Cotter, Patrick and Beth Stephens, Affecting the Rules for the Prosecution of Rape and Other Gender-Based Violence Before the International Criminal Tribunal for the former Yugoslavia: A Feminist Proposal and Critique, 5 Hastings Women’s Law Journal (1994) 171-221.

1994 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The authors write about a proposal that was earlier submitted to the judges of the International Criminal Tribunal for the former Yugoslavia for the purpose of influencing the rules adopted by the Tribunal for the prosecution of rape and other sex crimes. Prepared by feminist human rights lawyers and scholars, it is based upon decades of feminist work - psychological, rehabilitative, political, and legal - with women survivors of sexual torture and abuse. The proposal advocates rules to enhance the possibility that what may be the first international prosecution of rape will be effective, tolerable, and just for survivors without sacrificing the legitimate rights of the accused. The proposal identifies a number of issues relating to prosecutions by this Tribunal of rape and other gender-based violence perpetrated in the former Yugoslavia.

It suggests approaches for (1) articulating and defining the subject-matter jurisdiction of the Tribunal for gender-specific violations under international law; (2) developing certain rules of procedure and evidence for the Tribunal; (3) adopting mechanisms for protection of witnesses and victims who provide testimony to the Tribunal, while maintaining fair due process standards for the accused; and (4) providing appropriate redress, including compensation, to victims of these crimes.

%%%Definitions/elements of sexual violence crimes%%% %%%Feminist approach%%%Sex Crime%%%Gender-Based Violence%%%Survivor%%%Protective Measures%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%%Torture%%% %%% %%% %%% %%%

Hagan et al. - “Reasonable Grounds” Evidence Involving Sexual Violence...

Literature

Year:
2013
Country:
Sudan
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
Race Gender violence Characteristic of perpetrator Sexual Assault/Attack/Abuse
Author:
Hagan, John, Richard Brooks and Todd Haugh
Full reference:

Hagan, John, Richard Brooks and Todd Haugh, ‘“Reasonable Grounds” Evidence Involving Sexual Violence in Darfur’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 275-311.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Hagan, Brooks and Haugh demonstrated how hierarchical linear modeling (HLM) using the data collected by the US Department of State’s Atrocity Documentation Survey (ADS) could document a chain of command connecting the government of Sudan to acts of sexual violence and genocide in Darfur. HLM allows “for the cross-validation of aggregated respondent reports (for example in villages or settlements), while also taking into account individual-level sources for variation and bias.” Using this technique allowed the authors to determine who the attackers were and to map the distribution of racial epithets heard during attacks. ADS information revealed that two-thirds of the attacks were carried out by joint Sudanese and Janjaweed forces. ADS information further revealed the use of racially charged epithets that provided evidence of explicit racial targeting - an important element in establishing the crime of genocide. It was further found that when racial epithets were present, sexual assaults were linked to race. Working with the data of the ADS in this way, the authors established a pattern of events that reached through the highest levels of the government of Sudan.

%%%Hagan, John, Richard Brooks and Todd Haugh%%% %%%Hagan et al. - “Reasonable Grounds” Evidence Involving Sexual Violence...%%% %%%Literature%%% %%%Sudan%%% %%%

Hagan, John, Richard Brooks and Todd Haugh, ‘“Reasonable Grounds” Evidence Involving Sexual Violence in Darfur’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 275-311.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Hagan, Brooks and Haugh demonstrated how hierarchical linear modeling (HLM) using the data collected by the US Department of State’s Atrocity Documentation Survey (ADS) could document a chain of command connecting the government of Sudan to acts of sexual violence and genocide in Darfur. HLM allows “for the cross-validation of aggregated respondent reports (for example in villages or settlements), while also taking into account individual-level sources for variation and bias.” Using this technique allowed the authors to determine who the attackers were and to map the distribution of racial epithets heard during attacks. ADS information revealed that two-thirds of the attacks were carried out by joint Sudanese and Janjaweed forces. ADS information further revealed the use of racially charged epithets that provided evidence of explicit racial targeting - an important element in establishing the crime of genocide. It was further found that when racial epithets were present, sexual assaults were linked to race. Working with the data of the ADS in this way, the authors established a pattern of events that reached through the highest levels of the government of Sudan.

%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%Race%%%Gender violence%%%Characteristic of perpetrator%%%Sexual Assault/Attack/Abuse%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%%Genocide%%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Human Rights Watch - Justice on Trial: Lessons from the Minova Rape Case...

Literature

Year:
2015
Country:
Democratic Republic of Congo (DRC)
Keywords:
Accountability Impunity Camp War crimes Acquittal
Author:
Human Rights Watch
Full reference:

Human Rights Watch, Justice on Trial: Lessons from the Minova Rape Case in the Democratic Republic in Congo, 2015.

Type of Literature:
Report
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Based on more than 65 interviews and a review of court documents, this report offers insight into the inner workings of the Congolese military justice system in the Minova case. It provides a detailed analysis of the investigation and trial, examining what went right and what did not. The “Minova rape case” dealt with the Congolese army soldiers who retreated in November 2012 from the advancing M23 rebel group that had taken the city of Goma in eastern DRC. They redeployed in the town Minova. En route and in Minova and surrounding communities, the soldiers engaged in a 10-day frenzy of destruction: looting homes, razing shops and shelters in camps for displaced people, and raping at least 76 women and girls. A total of 14 officers and 25 rank-and-file soldiers of the Congolese army were charged with war crimes, including rape, and rape as an ordinary crime. On 5 May 2014, the trial verdict was rendered by the local military court in Goma. Of the 39 accused, only two of the low-ranking soldiers were convicted of one individual rape each. The high-level commanders with overall responsibility for the troops in Minova were never charged; those lower-ranking officers who were charged were all acquitted. Building on the Minova trial as an example, the report identifies reforms to the national justice system that are needed to strengthen the fight against impunity for international crimes in Congo. These include strengthening the legislative framework; increasing the specialized expertise of the justice system to handle atrocity crimes, including through the creation of a specialized investigation cell; and bolstering the independence of both the civilian and military justice systems.

%%%Human Rights Watch%%% %%%Human Rights Watch - Justice on Trial: Lessons from the Minova Rape Case...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%

Human Rights Watch, Justice on Trial: Lessons from the Minova Rape Case in the Democratic Republic in Congo, 2015.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Based on more than 65 interviews and a review of court documents, this report offers insight into the inner workings of the Congolese military justice system in the Minova case. It provides a detailed analysis of the investigation and trial, examining what went right and what did not. The “Minova rape case” dealt with the Congolese army soldiers who retreated in November 2012 from the advancing M23 rebel group that had taken the city of Goma in eastern DRC. They redeployed in the town Minova. En route and in Minova and surrounding communities, the soldiers engaged in a 10-day frenzy of destruction: looting homes, razing shops and shelters in camps for displaced people, and raping at least 76 women and girls. A total of 14 officers and 25 rank-and-file soldiers of the Congolese army were charged with war crimes, including rape, and rape as an ordinary crime. On 5 May 2014, the trial verdict was rendered by the local military court in Goma. Of the 39 accused, only two of the low-ranking soldiers were convicted of one individual rape each. The high-level commanders with overall responsibility for the troops in Minova were never charged; those lower-ranking officers who were charged were all acquitted. Building on the Minova trial as an example, the report identifies reforms to the national justice system that are needed to strengthen the fight against impunity for international crimes in Congo. These include strengthening the legislative framework; increasing the specialized expertise of the justice system to handle atrocity crimes, including through the creation of a specialized investigation cell; and bolstering the independence of both the civilian and military justice systems.

%%% %%%Accountability%%%Impunity%%%Camp%%%War crimes%%%Acquittal%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Report%%% %%% %%%War crimes%%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%%Military services/commanding role%%%Military Services%%% %%%Female victim%%%Minor victim%%% %%%

Inder - Partners for Gender Justice

Literature

Year:
2013
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
NGO Evidence Investigation Prosecution
Author:
Inder, Brigid
Full reference:

Inder, Brigid, ‘Partners for Gender Justice’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 315-338.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Inder echoes some of the concerns with the way investigation and prosecution of sexual crimes have developed and discusses what NGOs can do in contributing to the pursuit of truth and address the wider experiences of victims when testifying before international criminal tribunals. She elaborates on what NGOs can do to make valid contributions to the testing of evidence, establishment of the facts and in describing, with greater human voice, the form and extent of victimization and the perseverance of communities until justice is satisfied.

(Legal) Significance:


%%%Inder, Brigid%%% %%%Inder - Partners for Gender Justice%%% %%%Literature%%% %%% %%%

Inder, Brigid, ‘Partners for Gender Justice’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 315-338.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Inder echoes some of the concerns with the way investigation and prosecution of sexual crimes have developed and discusses what NGOs can do in contributing to the pursuit of truth and address the wider experiences of victims when testifying before international criminal tribunals. She elaborates on what NGOs can do to make valid contributions to the testing of evidence, establishment of the facts and in describing, with greater human voice, the form and extent of victimization and the perseverance of communities until justice is satisfied.


%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%NGO%%%Evidence%%%Investigation%%%Prosecution%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%% %%%

Killean - An Incomplete Narrative: Prosecuting Sexual Violence...

Literature

Year:
2015
Country:
Cambodia
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Accountability Feminist approach Gender-Based Violence Investigation International Criminal Law
Author:
Killean, Rachel
Full reference:

Killean, Rachel, An Incomplete Narrative: Prosecuting Sexual Violence Crimes at the Extraordinary Chambers in the Courts of Cambodia, 13 Journal of International Criminal Justice (2015) 331-352.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
Hybrid court
Name of mechanism:
Extraordinary Chambers of the Courts of Cambodia (ECCC)
Description:

This article explores the feminist critique that progress in the classification of sexual violence crimes within international criminal law has not been matched by sufficient legal enforcement. It takes the Extraordinary Chambers in the Courts of Cambodia (ECCC) as a case study, exploring the various myths, investigative failures and procedural developments that have hindered the ECCC’s effective investigation of sexual violence. The article argues that while there is a need to adopt a nuanced perspective of the many gender inequalities facing women, it remains crucial that sexual violence is adequately investigated and prosecuted, due to the normative value of such prosecutions. It concludes with some suggestions as to how the ECCC can improve accountability for such crimes, but also highlights lessons that future courts can learn from the ECCC’s failures.

Recommendations:
<b><span style="font-size:11.0pt; line-height:107%; font-family:&quot;Calibri&quot;,&quot;sans-serif&quot;" lang="EN-US"><br /></span></b>
%%%Killean, Rachel%%% %%%Killean - An Incomplete Narrative: Prosecuting Sexual Violence...%%% %%%Literature%%% %%%Cambodia%%% %%%Extraordinary Chambers of the Courts of Cambodia (ECCC)%%%

Killean, Rachel, An Incomplete Narrative: Prosecuting Sexual Violence Crimes at the Extraordinary Chambers in the Courts of Cambodia, 13 Journal of International Criminal Justice (2015) 331-352.

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article explores the feminist critique that progress in the classification of sexual violence crimes within international criminal law has not been matched by sufficient legal enforcement. It takes the Extraordinary Chambers in the Courts of Cambodia (ECCC) as a case study, exploring the various myths, investigative failures and procedural developments that have hindered the ECCC’s effective investigation of sexual violence. The article argues that while there is a need to adopt a nuanced perspective of the many gender inequalities facing women, it remains crucial that sexual violence is adequately investigated and prosecuted, due to the normative value of such prosecutions. It concludes with some suggestions as to how the ECCC can improve accountability for such crimes, but also highlights lessons that future courts can learn from the ECCC’s failures.

<b><span style="font-size:11.0pt; line-height:107%; font-family:&quot;Calibri&quot;,&quot;sans-serif&quot;" lang="EN-US"><br /></span></b> %%%Definitions/elements of sexual violence crimes%%% %%%Accountability%%%Feminist approach%%%Gender-Based Violence%%%Investigation%%%International Criminal Law%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%Hybrid court%%% %%% %%% %%% %%% %%% %%%

Kuo - Prosecuting Crimes of Sexual Violence...

Literature

Year:
2002
Country:
Former Yugoslavia
Issues:
Definitions/elements of sexual violence crimes Achievements and challenges of sexual violence prosecution
Keywords:
Mass Rape NGO Prosecution Bosnian muslim population Support Program
Author:
Kuo, Peggy
Full reference:

Kuo, Peggy, Prosecuting Crimes of Sexual Violence in an International Tribunal, 34 Case Western Reserve Journal of International Law (2002) 305-321.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

The article discusses the topic of women and war crimes, with a specific focus on a trial which Kuo helped conduct, i.e. the “Fo?a rape case”. On 22 February 2001, a Trial Chamber at the International Criminal Tribunal for the Former Yugoslavia (ICTY) found three Bosnian Serb soldiers guilty of war crimes and crimes against humanity for sexual violence perpetrated in eastern Bosnia against Muslim women and girls in 1992 and 1993.

The New York Times called this case a “landmark ruling on rape.” It stated in an editorial: “The decision shows the progress that women’s issues have made in international justice, which used to ignore mass rape, considering it a natural occurrence in war.” Kuo addresses whether this is indeed progress, what progress has been made, and what progress still needs to be made. One of the lessons she and others at the ICTY have learned from this case is that NGOs can have a great influence. They were effective in giving them information and making sure that people paid attention. They helped them locate witnesses and gave them support throughout the course of trial. They learned how better to deal with witnesses, the kinds of things that they need to talk about with them and admit about limitations on what they can offer them. The fact that they were able to bring this prosecution and get the result that they did should give encouragement to potential witnesses in the future to come forward and testify, so that they can bring to justice future perpetrators.

%%%Kuo, Peggy%%% %%%Kuo - Prosecuting Crimes of Sexual Violence...%%% %%%Literature%%% %%%Former Yugoslavia%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Kuo, Peggy, Prosecuting Crimes of Sexual Violence in an International Tribunal, 34 Case Western Reserve Journal of International Law (2002) 305-321.

2002 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The article discusses the topic of women and war crimes, with a specific focus on a trial which Kuo helped conduct, i.e. the “Fo?a rape case”. On 22 February 2001, a Trial Chamber at the International Criminal Tribunal for the Former Yugoslavia (ICTY) found three Bosnian Serb soldiers guilty of war crimes and crimes against humanity for sexual violence perpetrated in eastern Bosnia against Muslim women and girls in 1992 and 1993.

The New York Times called this case a “landmark ruling on rape.” It stated in an editorial: “The decision shows the progress that women’s issues have made in international justice, which used to ignore mass rape, considering it a natural occurrence in war.” Kuo addresses whether this is indeed progress, what progress has been made, and what progress still needs to be made. One of the lessons she and others at the ICTY have learned from this case is that NGOs can have a great influence. They were effective in giving them information and making sure that people paid attention. They helped them locate witnesses and gave them support throughout the course of trial. They learned how better to deal with witnesses, the kinds of things that they need to talk about with them and admit about limitations on what they can offer them. The fact that they were able to bring this prosecution and get the result that they did should give encouragement to potential witnesses in the future to come forward and testify, so that they can bring to justice future perpetrators.

%%%Definitions/elements of sexual violence crimes%%%Achievements and challenges of sexual violence prosecution%%% %%%Mass Rape%%%NGO%%%Prosecution%%%Bosnian muslim population%%%Support Program%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%War crimes%%%Crimes against humanity%%% %%%Rape%%% %%% %%%Military services/commanding role%%% %%%Female victim%%%Minor victim%%%Male perpetrator%%% %%%

Lawry et al. - The Use of Population-based Surveys for Prosecutions...

Literature

Year:
2014
Country:
Democratic Republic of Congo (DRC)
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Testimony Identification of Perpetrator Population-based Surveys Mai Mai and Interahamwe
Author:
Lawry, Lynn, Anne-Marie de Brouwer, Alette Smeulers, Juan Carlos Rosa, Michael Kisielewski, Kirsten Johnson, Jennifer Scott & Jerzy Wieczorek
Full reference:

Lawry, Lynn, Anne-Marie de Brouwer, Alette Smeulers, Juan Carlos Rosa, Michael Kisielewski, Kirsten Johnson, Jennifer Scott & Jerzy Wieczorek, The Use of Population-based Surveys for Prosecutions at the International Criminal Court: A Case Study of Democratic Republic of Congo, 24(1) International Criminal Justice Review (2014) 5-21.

 

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

Combined with traditional qualitative data and testimonies, population-based studies may assist investigators and prosecutors of international judicial institutions in the identification of perpetrator groups and in defining the types of international crimes committed by active perpetrator groups during conflict. This research - based on a secondary analysis of data from a cross-sectional study of the North Kivu and South Kivu provinces and the Ituri district in Democratic Republic of Congo - provides a case study to demonstrate how population-based surveys might have value to International Criminal Court (ICC) prosecutions. These data reveal sexual violence crimes committed during the conflicts constitute crimes against humanity and war crimes and identify the perpetrator groups most responsible for these crimes. Compared to current prosecutions at the ICC, this research finds that leaders of the Mai-Mai and Interahamwe among other groups not charged by the ICC, were most active in North Kivu and South Kivu provinces for perpetrating sexual and physical violence. Population-based surveys, in addition to traditional qualitative data and testimonies, may aid ICC investigators and prosecutors, particularly in the identification of perpetrator groups and in defining the types of international crimes committed by active perpetrator groups during conflict.

%%%Lawry, Lynn, Anne-Marie de Brouwer, Alette Smeulers, Juan Carlos Rosa, Michael Kisielewski, Kirsten Johnson, Jennifer Scott & Jerzy Wieczorek%%% %%%Lawry et al. - The Use of Population-based Surveys for Prosecutions...%%% %%%Literature%%% %%%Democratic Republic of Congo (DRC)%%% %%%International Criminal Court%%%

Lawry, Lynn, Anne-Marie de Brouwer, Alette Smeulers, Juan Carlos Rosa, Michael Kisielewski, Kirsten Johnson, Jennifer Scott & Jerzy Wieczorek, The Use of Population-based Surveys for Prosecutions at the International Criminal Court: A Case Study of Democratic Republic of Congo, 24(1) International Criminal Justice Review (2014) 5-21.

 

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Combined with traditional qualitative data and testimonies, population-based studies may assist investigators and prosecutors of international judicial institutions in the identification of perpetrator groups and in defining the types of international crimes committed by active perpetrator groups during conflict. This research - based on a secondary analysis of data from a cross-sectional study of the North Kivu and South Kivu provinces and the Ituri district in Democratic Republic of Congo - provides a case study to demonstrate how population-based surveys might have value to International Criminal Court (ICC) prosecutions. These data reveal sexual violence crimes committed during the conflicts constitute crimes against humanity and war crimes and identify the perpetrator groups most responsible for these crimes. Compared to current prosecutions at the ICC, this research finds that leaders of the Mai-Mai and Interahamwe among other groups not charged by the ICC, were most active in North Kivu and South Kivu provinces for perpetrating sexual and physical violence. Population-based surveys, in addition to traditional qualitative data and testimonies, may aid ICC investigators and prosecutors, particularly in the identification of perpetrator groups and in defining the types of international crimes committed by active perpetrator groups during conflict.

%%%Definitions/elements of sexual violence crimes%%% %%%Testimony%%%Identification of Perpetrator%%%Population-based Surveys%%%Mai Mai and Interahamwe%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%War crimes%%%Crimes against humanity%%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Lawry et al. - Evidence-based Documentation...

Literature

Year:
2013
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
Gender-Based Violence Evidence Framework
Author:
Lawry, Lynn, Kirsten Johnson and Jana Asher (eds.)
Full reference:

Lawry, Lynn, Kirsten Johnson and Jana Asher (eds.), ‘Evidence-based Documentation of Gender-based Violence’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 243-274.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

In this chapter, Lawry, Johnson and Asher discuss how a health and human rights framework allows for meaningful documentation of sexual violence crimes and their consequences. The essential and complementary roles that qualitative and quantitative data play in providing evidence of sexual violence crimes are outlined and the best methods for quantitative data collection on sexual violence are discussed in more detail. They argue that employing these methods provide a means to generate statistically significant data that can be generalized to the population as a whole for the purposes of evidence collection in the case of international crimes, such as before the ICC.

%%%Lawry, Lynn, Kirsten Johnson and Jana Asher (eds.)%%% %%%Lawry et al. - Evidence-based Documentation...%%% %%%Literature%%% %%% %%%

Lawry, Lynn, Kirsten Johnson and Jana Asher (eds.), ‘Evidence-based Documentation of Gender-based Violence’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 243-274.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In this chapter, Lawry, Johnson and Asher discuss how a health and human rights framework allows for meaningful documentation of sexual violence crimes and their consequences. The essential and complementary roles that qualitative and quantitative data play in providing evidence of sexual violence crimes are outlined and the best methods for quantitative data collection on sexual violence are discussed in more detail. They argue that employing these methods provide a means to generate statistically significant data that can be generalized to the population as a whole for the purposes of evidence collection in the case of international crimes, such as before the ICC.

%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%Gender-Based Violence%%%Evidence%%%Framework%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Lupig - Investigation and Prosecution of Sexual...

Literature

Year:
2009
Country:
Uganda
Issues:
Definitions/elements of sexual violence crimes Procedural rules advancing sexual violence prosecutions
Keywords:
Lord’s Resistance Army (LRA) Accountability Command responsibility Gender-Based crimes Investigation
Author:
Lupig, Diane
Full reference:

Lupig, Diane, Investigation and Prosecution of Sexual and Gender-Based Crimes before the International Criminal Court, 17(2) American University Journal of Gender, Social Policy & the Law. (2009) 431-496.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

This article explores two complementary methods to ensure that there is an effective investigation and prosecution of sexual violence crimes: first, to take a ‘focused’ approach and, second, to ‘mainstream’ the approach to sexual and gender-based crimes throughout the process, as has been the policy of the Prosecutor of the ICC since 2003. This article examines the example of this dual-approach taken in the investigation in Uganda, in which the OTP brought charges against members of the high command of the Lord’s Resistance Army (LRA). Investigations undertaken in the context of armed conflicts invariably uncover instances of massive criminality, often conducted on a widespread or systematic basis. In this context, it is crucial that investigations and prosecutions are focused to be effective. Careful selections need to be made regarding the scope and focus of any investigation or prosecution in a case.

%%%Lupig, Diane%%% %%%Lupig - Investigation and Prosecution of Sexual...%%% %%%Literature%%% %%%Uganda%%% %%%International Criminal Court%%%

Lupig, Diane, Investigation and Prosecution of Sexual and Gender-Based Crimes before the International Criminal Court, 17(2) American University Journal of Gender, Social Policy & the Law. (2009) 431-496.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article explores two complementary methods to ensure that there is an effective investigation and prosecution of sexual violence crimes: first, to take a ‘focused’ approach and, second, to ‘mainstream’ the approach to sexual and gender-based crimes throughout the process, as has been the policy of the Prosecutor of the ICC since 2003. This article examines the example of this dual-approach taken in the investigation in Uganda, in which the OTP brought charges against members of the high command of the Lord’s Resistance Army (LRA). Investigations undertaken in the context of armed conflicts invariably uncover instances of massive criminality, often conducted on a widespread or systematic basis. In this context, it is crucial that investigations and prosecutions are focused to be effective. Careful selections need to be made regarding the scope and focus of any investigation or prosecution in a case.

%%%Definitions/elements of sexual violence crimes%%%Procedural rules advancing sexual violence prosecutions%%% %%%Lord’s Resistance Army (LRA)%%%Accountability%%%Command responsibility%%%Gender-Based crimes%%%Investigation%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%%Military services/commanding role%%% %%% %%%

Marcus - Investigation of Crimes of Sexual...

Literature

Year:
2013
Issues:
Evidentiary rules regarding sexual violence prosecutions
Keywords:
Gender-Based Violence Impunity Prosecution Survivor Evidence
Full reference:

Marcus, Maxine, ‘Investigation of Crimes of Sexual and Gender-Based Violence Under International Criminal Law’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 211-242.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Marcus, who has more than thirteen years of experience as an international criminal prosecutor, states that: “crimes of sexual and gender-based violence are under-documented and under-included in cases which are brought before international jurisdictions.” This, she argues, is however remarkable in light of the fact that the gathering of evidence of such crimes does not pose any additional legal burden and need not pose any additional investigative challenge when compared to other international crimes. The key to include sexual violence crimes in the indictments requires the investigative plan to include and be open to evidence of these crimes, preparation with as much information as possible in advance of the field investigation, and, throughout the whole process, a checklist of elements of crimes to be proven, need to be relied on. Furthermore, while gathering the evidence, the needs of the survivor need to be prioritized to the extent possible. According to her “the investigation and prosecution of crimes of sexual and gender-based violence is crucial to closing the impunity gap.”

%%% %%%Marcus - Investigation of Crimes of Sexual...%%% %%%Literature%%% %%% %%%

Marcus, Maxine, ‘Investigation of Crimes of Sexual and Gender-Based Violence Under International Criminal Law’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 211-242.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Marcus, who has more than thirteen years of experience as an international criminal prosecutor, states that: “crimes of sexual and gender-based violence are under-documented and under-included in cases which are brought before international jurisdictions.” This, she argues, is however remarkable in light of the fact that the gathering of evidence of such crimes does not pose any additional legal burden and need not pose any additional investigative challenge when compared to other international crimes. The key to include sexual violence crimes in the indictments requires the investigative plan to include and be open to evidence of these crimes, preparation with as much information as possible in advance of the field investigation, and, throughout the whole process, a checklist of elements of crimes to be proven, need to be relied on. Furthermore, while gathering the evidence, the needs of the survivor need to be prioritized to the extent possible. According to her “the investigation and prosecution of crimes of sexual and gender-based violence is crucial to closing the impunity gap.”

%%%Evidentiary rules regarding sexual violence prosecutions%%% %%%Gender-Based Violence%%%Impunity%%%Prosecution%%%Survivor%%%Evidence%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Nowrojee - “Your Justice is Too Slow”...

Literature

Year:
2005
Country:
Rwanda
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Prosecution Survivor Responsibility Threat of rape Witness
Author:
Nowrojee, Binaifer
Full reference:

Nowrojee, Binaifer, “Your Justice is Too Slow”: Will the ICTR Fail Rwanda’s Rape Victims?, United Nations Research Institute for Social Development (UNRISD) Occasional Paper Ten, November 2005.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

This paper is based on interviews with Rwandan rape survivors, including some who have testified as witnesses before the ICTR. The first part is an examination of the dismal record of the ICTR Prosecutor’s Office in investigating and prosecuting sexual violence crimes. The past decade reveals a lack of political will at the senior management level to integrate sexual violence crimes into a consistently followed prosecution strategy. Prosecutions have been hampered by inadequate investigations, the use of inappropriate investigating methodology, and a lack of training for staff. Some cases have moved forward without rape charges, sometimes even when the prosecutor is in possession of strong evidence. In a significant proportion of the cases, rape charges have been added belatedly as amendments, rather than being made an integral part of the prosecution strategy. Trial team leaders continue to have differing, and even contradictory, interpretations of legal responsibility for the violence against women and opinions on what legal approaches to adopt in the courtroom.

The second part of the paper is based on the voices of the rape witnesses, including some who have testified before the ICTR. It reveals the deep disappointment and frustration of rape victims with the international justice process. Rwandan women articulate what they see as the failure of this court, which not only denies them justice, but exacerbates the suffering they continue to experience. This paper highlights some of the shortcomings in the process, which is structured without regard to providing optimal care and protection to rape victims, including a lack of information and follow-up, and the lack of full disclosure by the Prosecutor’s Office on the possible risks. In the courtroom, often as a result of joint trials with multiple defendants, rape victims find the environment hostile as they are subjected to repeated and lengthy cross-examinations, coupled with a reluctance on the part of some judges to limit excessive cross-examination. Because of a lack of adequate preparation, some rape victims have felt humiliated and embarrassed on the stand because they were not warned that they would have to speak explicitly about sexual parts or acts. Following trial, rape victims often find that despite the promised anonymity, they return home to find their identity revealed as rape victims, and are subject to threats and reprisals. After a decade of existence, the author argues that it is discouraging to see how little justice the ICTR has delivered to the victims of sexual violence.

%%%Nowrojee, Binaifer%%% %%%Nowrojee - “Your Justice is Too Slow”...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Nowrojee, Binaifer, “Your Justice is Too Slow”: Will the ICTR Fail Rwanda’s Rape Victims?, United Nations Research Institute for Social Development (UNRISD) Occasional Paper Ten, November 2005.

2005 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This paper is based on interviews with Rwandan rape survivors, including some who have testified as witnesses before the ICTR. The first part is an examination of the dismal record of the ICTR Prosecutor’s Office in investigating and prosecuting sexual violence crimes. The past decade reveals a lack of political will at the senior management level to integrate sexual violence crimes into a consistently followed prosecution strategy. Prosecutions have been hampered by inadequate investigations, the use of inappropriate investigating methodology, and a lack of training for staff. Some cases have moved forward without rape charges, sometimes even when the prosecutor is in possession of strong evidence. In a significant proportion of the cases, rape charges have been added belatedly as amendments, rather than being made an integral part of the prosecution strategy. Trial team leaders continue to have differing, and even contradictory, interpretations of legal responsibility for the violence against women and opinions on what legal approaches to adopt in the courtroom.

The second part of the paper is based on the voices of the rape witnesses, including some who have testified before the ICTR. It reveals the deep disappointment and frustration of rape victims with the international justice process. Rwandan women articulate what they see as the failure of this court, which not only denies them justice, but exacerbates the suffering they continue to experience. This paper highlights some of the shortcomings in the process, which is structured without regard to providing optimal care and protection to rape victims, including a lack of information and follow-up, and the lack of full disclosure by the Prosecutor’s Office on the possible risks. In the courtroom, often as a result of joint trials with multiple defendants, rape victims find the environment hostile as they are subjected to repeated and lengthy cross-examinations, coupled with a reluctance on the part of some judges to limit excessive cross-examination. Because of a lack of adequate preparation, some rape victims have felt humiliated and embarrassed on the stand because they were not warned that they would have to speak explicitly about sexual parts or acts. Following trial, rape victims often find that despite the promised anonymity, they return home to find their identity revealed as rape victims, and are subject to threats and reprisals. After a decade of existence, the author argues that it is discouraging to see how little justice the ICTR has delivered to the victims of sexual violence.

%%%Definitions/elements of sexual violence crimes%%% %%%Prosecution%%%Survivor%%%Responsibility%%%Threat of rape%%%Witness%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%% %%%Female victim%%% %%%

Moreno-Ocampo - The Place of Sexual Violence in the Strategy...

Literature

Year:
2013
Keywords:
Prosecution Gender-Based crimes Framework Investigation
Author:
Moreno-Ocampo, Luis
Full reference:

Moreno-Ocampo, Luis, ‘The Place of Sexual Violence in the Strategy of the ICC Prosecutor’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 151-156.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

In his chapter on the ICC, former Chief Prosecutor Ocampo elaborates on the innovative aspects of the Rome Statute in including gender based violence as an integrated element to address, and the strategy which the Office of the Prosecutor has taken in the investigation and prosecution of sexual violence crimes. While illustrating this with pending cases, he discusses the institutional framework and underlines the Prosecutor Office’s determination to effectively investigate and prosecute sexual and gender-based crimes by taking a focused and integrated approach.

%%%Moreno-Ocampo, Luis%%% %%%Moreno-Ocampo - The Place of Sexual Violence in the Strategy...%%% %%%Literature%%% %%% %%%International Criminal Court%%%

Moreno-Ocampo, Luis, ‘The Place of Sexual Violence in the Strategy of the ICC Prosecutor’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 151-156.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In his chapter on the ICC, former Chief Prosecutor Ocampo elaborates on the innovative aspects of the Rome Statute in including gender based violence as an integrated element to address, and the strategy which the Office of the Prosecutor has taken in the investigation and prosecution of sexual violence crimes. While illustrating this with pending cases, he discusses the institutional framework and underlines the Prosecutor Office’s determination to effectively investigate and prosecute sexual and gender-based crimes by taking a focused and integrated approach.

%%% %%%Prosecution%%%Gender-Based crimes%%%Framework%%%Investigation%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%% %%% %%% %%% %%%

Morse - Documenting Mass Rape...

Literature

Year:
2014
Country:
Rwanda, Former Yugoslavia
Keywords:
Gender-Based Violence Rape Medical forensic exam/Rape kit Medical/Health care
Author:
Morse, Jaimie
Full reference:

Morse, Jaimie, Documenting Mass Rape: Medical Evidence Collection Techniques as Humanitarian Technology, 8(3) Genocide Studies and Prevention: An International Journal (2014) 63-79.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
Description:

Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this article, the author considers three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the ‘rape kit’).

Combining archival research with interviews of activists, healthcare practitioners, lawyers, investigators, and other experts, the author traces the collection and use of medical evidence to document mass rape since the establishment of the International Criminal Tribunals for Rwanda and the former Yugoslavia. The use of medical evidence collection techniques to document sexual violence during and shortly after armed conflict or mass violence against civilians is still relatively new and not well institutionalized. When available, medical evidence has been used to document patient disclosures, describe patterns of crime, prompt investigation, issue indictments, and provide context evidence to establish international crimes occurred. Drawing on approaches in science and technology studies, law and society, and cultural sociology, the author argues that medical evidence collection techniques represent an emerging humanitarian technology that may influence what comes to count as sexual violence, which crimes are deemed justiciable, and ultimately how events come to be remembered, within and beyond courts.

%%%Morse, Jaimie%%% %%%Morse - Documenting Mass Rape...%%% %%%Literature%%% %%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%

Morse, Jaimie, Documenting Mass Rape: Medical Evidence Collection Techniques as Humanitarian Technology, 8(3) Genocide Studies and Prevention: An International Journal (2014) 63-79.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Emerging global networks of human rights activists, doctors, and nurses have advocated for increased collection of medical evidence in conflict-affected countries to corroborate allegations of sexual violence and facilitate prosecution in international and domestic courts. Such initiatives are part of broader shifts in human rights advocacy to document human rights violations using rigorous, standardized methodologies. In this article, the author considers three principal forms of medical evidence to document sexual violence and their use in these settings: the patient medical record, the medical certificate, and the sexual assault medical forensic exam (commonly known as the ‘rape kit’).

Combining archival research with interviews of activists, healthcare practitioners, lawyers, investigators, and other experts, the author traces the collection and use of medical evidence to document mass rape since the establishment of the International Criminal Tribunals for Rwanda and the former Yugoslavia. The use of medical evidence collection techniques to document sexual violence during and shortly after armed conflict or mass violence against civilians is still relatively new and not well institutionalized. When available, medical evidence has been used to document patient disclosures, describe patterns of crime, prompt investigation, issue indictments, and provide context evidence to establish international crimes occurred. Drawing on approaches in science and technology studies, law and society, and cultural sociology, the author argues that medical evidence collection techniques represent an emerging humanitarian technology that may influence what comes to count as sexual violence, which crimes are deemed justiciable, and ultimately how events come to be remembered, within and beyond courts.

%%% %%%Gender-Based Violence%%%Rape%%%Medical forensic exam/Rape kit%%%Medical/Health care%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Crimes against humanity%%% %%%Sexual abuse/assault/violence%%% %%% %%%Civilian%%% %%% %%%

Obote-Odora - Rape and Sexual Violence in International Law...

Literature

Year:
2005
Country:
Rwanda
Keywords:
Rape Prosecution Actus reus Genocide
Author:
Obote-Odora, Alex
Full reference:

Obote-Odora, Alex, Rape and Sexual Violence in International Law: ICTR Contribution, 12(1) New Eng. J. Int’L & Comp. L. (2005) 135-159.

 

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

This article acknowledges the significant advancements in international criminal law in the prosecution of rape and sexual violence as crimes against humanity and as modes of committing genocide. It also presents a brief survey of the ICTR’s case law in order to review the problems encountered by the OTP in investigating, indicting and prosecuting rape and sexual violence cases. The purpose of this review is to provide lessons for future prosecutions under international law. The article begins by providing a brief historical background of the Rwanda Crisis and the period thereafter. It surveys ICTR and ICTY jurisprudence, including Appeals Chamber decisions that have impacted the ICTR’s application of the law, and the challenges faced by the OTP. 

%%%Obote-Odora, Alex%%% %%%Obote-Odora - Rape and Sexual Violence in International Law...%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Obote-Odora, Alex, Rape and Sexual Violence in International Law: ICTR Contribution, 12(1) New Eng. J. Int’L & Comp. L. (2005) 135-159.

 

2005 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article acknowledges the significant advancements in international criminal law in the prosecution of rape and sexual violence as crimes against humanity and as modes of committing genocide. It also presents a brief survey of the ICTR’s case law in order to review the problems encountered by the OTP in investigating, indicting and prosecuting rape and sexual violence cases. The purpose of this review is to provide lessons for future prosecutions under international law. The article begins by providing a brief historical background of the Rwanda Crisis and the period thereafter. It surveys ICTR and ICTY jurisprudence, including Appeals Chamber decisions that have impacted the ICTR’s application of the law, and the challenges faced by the OTP. 

%%% %%%Rape%%%Prosecution%%%Actus reus%%%Genocide%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Crimes against humanity%%%Genocide%%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%% %%% %%%

Palermo et al. - Statistics on Sexual Violence in Conflict

Literature

Year:
2011
Keywords:
Sexual Violence Gender-Based Violence
Author:
Palermo, Tia, and Amber Peterman
Full reference:

Palermo, Tia, and Amber Peterman, Undercounting, Overcounting and the Longevity of Flawed Estimates: Statistics on Sexual Violence in Conflict, 89(12) Bulletin of the World Health Organization (2011) 924-925.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Although international donor organizations and research institutes have become more engaged in research on sexual violence over the past decade, there is a need for higher standards and more funding. As a start, sexual violence modules should be included in existing large-scale population-based surveys such as the DHS during or immediately after conflict. Although a leading source of data on sexual violence, not all DHSs include questions on violence against women and, while surveys are implemented regularly at 4-5 year intervals in many developing countries, they often do not coincide with dates of civil unrest.

Furthermore, it is difficult to make comparisons between countries regarding the severity of sexual violence because the modules are not implemented consistently between countries, using different definitions of sexual violence, reporting periods and targeted samples. However, population-based surveys in select countries experiencing conflict have been implemented. Analysis of this data helps shed light on dynamics, although findings are often limited in geographic scope or generalizability. Furthermore, panel data must be collected to assess trends in violence and to enable researchers to conduct more sophisticated analyses.

Program evaluations (especially randomized control trials) must be undertaken to better inform policies and design of preventative and curative interventions. Both quantitative and qualitative studies should be used, and no one study should ever be viewed as the definitive answer on a policy solution or as the true estimate of sexual violence in a population. Rigorous research on sexual violence in conflict is needed: the authors call on donors to provide funding and incentives to conduct this type of research, and on researchers to focus efforts on producing high quality analysis to address research gaps. Finally, they call on the international community for accountability when citing estimates so as not to hyperbolize an already grave situation or lessen the apparent severity and need for action in future instances of sexual violence in conflict.

%%%Palermo, Tia, and Amber Peterman%%% %%%Palermo et al. - Statistics on Sexual Violence in Conflict%%% %%%Literature%%% %%% %%%

Palermo, Tia, and Amber Peterman, Undercounting, Overcounting and the Longevity of Flawed Estimates: Statistics on Sexual Violence in Conflict, 89(12) Bulletin of the World Health Organization (2011) 924-925.

2011 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Although international donor organizations and research institutes have become more engaged in research on sexual violence over the past decade, there is a need for higher standards and more funding. As a start, sexual violence modules should be included in existing large-scale population-based surveys such as the DHS during or immediately after conflict. Although a leading source of data on sexual violence, not all DHSs include questions on violence against women and, while surveys are implemented regularly at 4-5 year intervals in many developing countries, they often do not coincide with dates of civil unrest.

Furthermore, it is difficult to make comparisons between countries regarding the severity of sexual violence because the modules are not implemented consistently between countries, using different definitions of sexual violence, reporting periods and targeted samples. However, population-based surveys in select countries experiencing conflict have been implemented. Analysis of this data helps shed light on dynamics, although findings are often limited in geographic scope or generalizability. Furthermore, panel data must be collected to assess trends in violence and to enable researchers to conduct more sophisticated analyses.

Program evaluations (especially randomized control trials) must be undertaken to better inform policies and design of preventative and curative interventions. Both quantitative and qualitative studies should be used, and no one study should ever be viewed as the definitive answer on a policy solution or as the true estimate of sexual violence in a population. Rigorous research on sexual violence in conflict is needed: the authors call on donors to provide funding and incentives to conduct this type of research, and on researchers to focus efforts on producing high quality analysis to address research gaps. Finally, they call on the international community for accountability when citing estimates so as not to hyperbolize an already grave situation or lessen the apparent severity and need for action in future instances of sexual violence in conflict.

%%% %%%Sexual Violence%%%Gender-Based Violence%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Ethical, Safety and Methodological Issues Related to Collection and Use of Data on Sexual Violence in Conflict

Literature

Year:
2013
Keywords:
Prevention Gender-Based Violence Rape Sexual Violence Gender-Based crimes
Author:
Reis, Chen
Full reference:

Reis, Chen, ‘Ethical, Safety and Methodological Issues Related to Collection and Use of Data on Sexual Violence in Conflict’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 189-210.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

There are important legal, methodological, ethical and safety issues which must be considered before collecting information on sensitive issues in humanitarian settings. Although many of those seeking information on sexual violence in conflict and post conflict settings are motivated by a desire to end impunity and help survivors, insufficient understanding of and attention to these issues may lead to harm. When collected, analyzed and used correctly and responsibly, data on sexual violence in humanitarian settings can help inform political and justice processes, and prevention and response programming, increase attention to the issue of sexual violence and support efforts to increase resources to address it.

The collection and use of data on sexual violence in humanitarian settings must consider the needs of survivors and should support, rather than undermine or create barriers to the work of those responding to these needs including health and psychosocial support service providers. Efforts to collect, share and use data on sexual violence in conflict affected settings should use appropriate methodological approaches and be based on guidance regarding ethics and safety. This chapter explores some of the key sources of data which may be available at country level and the limits to what they can tell us about sexual violence in the setting (methodological limitations). It also identifies ethical issues related to data collection and sharing, and discuss the development and content of recommendations to inform those who are collecting, using or supporting the collection of data on sexual violence. These are important for those involved in international criminal investigations and prosecutions both as users of existing data and collectors of new data.

%%%Reis, Chen%%% %%%Ethical, Safety and Methodological Issues Related to Collection and Use of Data on Sexual Violence in Conflict%%% %%%Literature%%% %%% %%%

Reis, Chen, ‘Ethical, Safety and Methodological Issues Related to Collection and Use of Data on Sexual Violence in Conflict’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 189-210.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

There are important legal, methodological, ethical and safety issues which must be considered before collecting information on sensitive issues in humanitarian settings. Although many of those seeking information on sexual violence in conflict and post conflict settings are motivated by a desire to end impunity and help survivors, insufficient understanding of and attention to these issues may lead to harm. When collected, analyzed and used correctly and responsibly, data on sexual violence in humanitarian settings can help inform political and justice processes, and prevention and response programming, increase attention to the issue of sexual violence and support efforts to increase resources to address it.

The collection and use of data on sexual violence in humanitarian settings must consider the needs of survivors and should support, rather than undermine or create barriers to the work of those responding to these needs including health and psychosocial support service providers. Efforts to collect, share and use data on sexual violence in conflict affected settings should use appropriate methodological approaches and be based on guidance regarding ethics and safety. This chapter explores some of the key sources of data which may be available at country level and the limits to what they can tell us about sexual violence in the setting (methodological limitations). It also identifies ethical issues related to data collection and sharing, and discuss the development and content of recommendations to inform those who are collecting, using or supporting the collection of data on sexual violence. These are important for those involved in international criminal investigations and prosecutions both as users of existing data and collectors of new data.

%%% %%%Prevention%%%Gender-Based Violence%%%Rape%%%Sexual Violence%%%Gender-Based crimes%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

SáCouto et al. - The Importance of Effective Investigation of Sexual Violence and Gender-Based Crimes...

Literature

Year:
2009
Keywords:
Gender-Based Violence Gender-Based crimes Prosecution Complementarity
Author:
SáCouto, Susana and Katherine A. Cleary
Full reference:

SáCouto, Susana and Katherine A. Cleary, The Importance of Effective Investigation of Sexual Violence and Gender-Based Crimes at the International Criminal Court, 17 Am. U. J. Gender Soc. Policy & L. (2009) 337-359.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

SáCouto and Cleary deal in their article with the question of whether the Court is adequately equipped to ensure proper investigation and prosecution of sexual violence and gender-based crimes, as required by the Preamble of the Statute. If not, what would be required to allow effective investigations of such crimes to take place?

In the context of the ICC, this question requires an examination not only of the rules, policies, and practices that are aimed at trying these types of cases, but also those that are designed to assess whether the ‘admissibility thresholds’ of the ICC have been met. Indeed, under the Rome Statute, a case is inadmissible if it “is not of sufficient gravity to justify further action by the Court,” or if national proceedings are being genuinely carried out with respect to that case. Thus, cases involving sexual violence or gender-based crimes may never come to the attention of the Court if these admissibility standards are not met.

Consequently, this Article focuses on two interrelated issues: first, it explores whether the policies of the OTP and the jurisprudence of the Court adequately permit cases of sexual violence and gender-based crimes to be brought before the Court, particularly with regard to how national proceedings are evaluated for purposes of assessing admissibility; second, it examines ongoing challenges in the successful prosecution of sexual violence and gender-based crimes in the context of other international criminal bodies, stressing that, in light of such challenges, the need for thorough and effective investigative strategies is critical from the outset not just to meet the complementarity test, but also to adequately prosecute these cases. In particular, attention is given to charging inconsistencies and the tendency of the ad hoc tribunals to prefer direct evidence that a superior either ordered sexual violence or was present during the crime, a practice that may well continue at the ICC. The authors state that if the Court is to fulfill its obligation to adequately investigate and prosecute sexual violence and gender-based crimes, it must ensure that the expertise and resources are in place that will allow it to overcome these kinds of challenges.

(Legal) Significance:

SáCouto

%%%SáCouto, Susana and Katherine A. Cleary%%% %%%SáCouto et al. - The Importance of Effective Investigation of Sexual Violence and Gender-Based Crimes...%%% %%%Literature%%% %%% %%%International Criminal Court%%%

SáCouto, Susana and Katherine A. Cleary, The Importance of Effective Investigation of Sexual Violence and Gender-Based Crimes at the International Criminal Court, 17 Am. U. J. Gender Soc. Policy & L. (2009) 337-359.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

SáCouto and Cleary deal in their article with the question of whether the Court is adequately equipped to ensure proper investigation and prosecution of sexual violence and gender-based crimes, as required by the Preamble of the Statute. If not, what would be required to allow effective investigations of such crimes to take place?

In the context of the ICC, this question requires an examination not only of the rules, policies, and practices that are aimed at trying these types of cases, but also those that are designed to assess whether the ‘admissibility thresholds’ of the ICC have been met. Indeed, under the Rome Statute, a case is inadmissible if it “is not of sufficient gravity to justify further action by the Court,” or if national proceedings are being genuinely carried out with respect to that case. Thus, cases involving sexual violence or gender-based crimes may never come to the attention of the Court if these admissibility standards are not met.

Consequently, this Article focuses on two interrelated issues: first, it explores whether the policies of the OTP and the jurisprudence of the Court adequately permit cases of sexual violence and gender-based crimes to be brought before the Court, particularly with regard to how national proceedings are evaluated for purposes of assessing admissibility; second, it examines ongoing challenges in the successful prosecution of sexual violence and gender-based crimes in the context of other international criminal bodies, stressing that, in light of such challenges, the need for thorough and effective investigative strategies is critical from the outset not just to meet the complementarity test, but also to adequately prosecute these cases. In particular, attention is given to charging inconsistencies and the tendency of the ad hoc tribunals to prefer direct evidence that a superior either ordered sexual violence or was present during the crime, a practice that may well continue at the ICC. The authors state that if the Court is to fulfill its obligation to adequately investigate and prosecute sexual violence and gender-based crimes, it must ensure that the expertise and resources are in place that will allow it to overcome these kinds of challenges.

SáCouto

%%% %%%Gender-Based Violence%%%Gender-Based crimes%%%Prosecution%%%Complementarity%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Seelinger et al. - The Investigation and Prosecution of Sexual Violence

Literature

Year:
2011
Keywords:
Gender-Based Violence Medical/Health care Gender-Based crimes Rape
Author:
Seelinger, Kim Thuy, Helene Silverberg and Robin Mejia
Full reference:

Seelinger, Kim Thuy, Helene Silverberg and Robin Mejia, The Investigation and Prosecution of Sexual Violence, Human Rights Center, University of California, Berkeley, May 2011.

 

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Despite the increasing acceptance of sexual violence as a crime under both national and international law, many victims still encounter great difficulty obtaining justice. This paper explores specific challenges that can arise in the investigation and prosecution of sexual violence, as well as promising responses to these challenges. It reviews the barriers that deter victims from bringing sexual violence cases, the obstacles to coherent and gender-sensitive investigation and prosecution of sexual violence-based crimes, and the challenges - especially for victims - of ensuring successful trials.

One can, for instance, think of the psychological strain for victims to come forward in a legal setting which may still face gender biases and rape myths. In addition, the obstacles to proceeding are multifold: lack of effective linkages between medical care providers and the legal system; structural and resource limitations in law enforcement, forensic analysis, and the courts themselves; poor coordination between investigators and prosecutors and the consequent weakness of evidence or indictment; and, finally, insensitive trial procedures that compound a victim’s trauma, should she make it that far.

Promising responses in the handling of sexual violence cases that have emerged in both the domestic and international contexts, range from attempts to mainstream awareness about sexual violence (as with universal training throughout an investigations agency or the roll-out of mobile courts into remote districts) to tactics aimed at developing focused expertise on sexual violence within a corps of specialists (as with the proliferation of Sexual Assault Nurse Examiner programs in hospital settings or the establishment of police gender desks). Further, many innovations at the international tribunal level can inform future developments in national and local systems, including greater use of gender experts, increased coordination between prosecutors and investigators, and protective measures for victim-witnesses at trial. Ultimately, the outcome of these prosecutions can have legal, historical, psychosocial and security implications that reach well beyond those victims who testify. 

%%%Seelinger, Kim Thuy, Helene Silverberg and Robin Mejia%%% %%%Seelinger et al. - The Investigation and Prosecution of Sexual Violence%%% %%%Literature%%% %%% %%%

Seelinger, Kim Thuy, Helene Silverberg and Robin Mejia, The Investigation and Prosecution of Sexual Violence, Human Rights Center, University of California, Berkeley, May 2011.

 

2011 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Despite the increasing acceptance of sexual violence as a crime under both national and international law, many victims still encounter great difficulty obtaining justice. This paper explores specific challenges that can arise in the investigation and prosecution of sexual violence, as well as promising responses to these challenges. It reviews the barriers that deter victims from bringing sexual violence cases, the obstacles to coherent and gender-sensitive investigation and prosecution of sexual violence-based crimes, and the challenges - especially for victims - of ensuring successful trials.

One can, for instance, think of the psychological strain for victims to come forward in a legal setting which may still face gender biases and rape myths. In addition, the obstacles to proceeding are multifold: lack of effective linkages between medical care providers and the legal system; structural and resource limitations in law enforcement, forensic analysis, and the courts themselves; poor coordination between investigators and prosecutors and the consequent weakness of evidence or indictment; and, finally, insensitive trial procedures that compound a victim’s trauma, should she make it that far.

Promising responses in the handling of sexual violence cases that have emerged in both the domestic and international contexts, range from attempts to mainstream awareness about sexual violence (as with universal training throughout an investigations agency or the roll-out of mobile courts into remote districts) to tactics aimed at developing focused expertise on sexual violence within a corps of specialists (as with the proliferation of Sexual Assault Nurse Examiner programs in hospital settings or the establishment of police gender desks). Further, many innovations at the international tribunal level can inform future developments in national and local systems, including greater use of gender experts, increased coordination between prosecutors and investigators, and protective measures for victim-witnesses at trial. Ultimately, the outcome of these prosecutions can have legal, historical, psychosocial and security implications that reach well beyond those victims who testify. 

%%% %%%Gender-Based Violence%%%Medical/Health care%%%Gender-Based crimes%%%Rape%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Studzinsky - Neglected Crimes: The Challenge of Raising Sexual and Gender-Based Crimes...

Literature

Year:
2012
Country:
Cambodia
Keywords:
Gender-Based crimes Gender-Based Violence Rape Prosecution Forced marriage
Author:
Studzinsky, Silke
Full reference:

kStudzinsky, Silke, ‘Neglected Crimes: The Challenge of Raising Sexual and Gender-Based Crimes before the Extraordinary Chambers in the Courts of Cambodia’, in Susanne Buckley-Zistel and Ruth Stanley (eds.), Gender in Transitional Justice (UK: Palgrave Macmillan 2012), pp. 88-112.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

Sexual and gender-based crimes have only recently begun to be treated as serious crimes in international law and there are still many obstacles to their successful prosecution. This is especially true in the case of Cambodia, where trials against leading members of the Khmer Rouge are taking place before the special hybrid court set up for this purpose, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The difficulties facing those who attempt to hold the perpetrators of sexual and gender-based crimes under the Khmer Rouge regime accountable for their acts are formidable.

First, in view of the sheer scope and magnitude of the Khmer Rouge’s violations of human rights, sexual and gender-based crimes are viewed by many in Cambodia as being of secondary importance; moreover, there is a widespread perception that the regime was highly moralistic and did not tolerate such crimes.

Secondly, the jurisdiction of the ECCC has been interpreted in a restrictive way, posing problems for the prosecution of sexual and gender-based crimes.

Thirdly, the most widespread form of such crimes under the Khmer Rouge was the practice of forced marriage, which has not yet been codified as a crime under international law, which raises additional problems for the prosecution.

%%%Studzinsky, Silke%%% %%%Studzinsky - Neglected Crimes: The Challenge of Raising Sexual and Gender-Based Crimes...%%% %%%Literature%%% %%%Cambodia%%% %%%

kStudzinsky, Silke, ‘Neglected Crimes: The Challenge of Raising Sexual and Gender-Based Crimes before the Extraordinary Chambers in the Courts of Cambodia’, in Susanne Buckley-Zistel and Ruth Stanley (eds.), Gender in Transitional Justice (UK: Palgrave Macmillan 2012), pp. 88-112.

2012 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual and gender-based crimes have only recently begun to be treated as serious crimes in international law and there are still many obstacles to their successful prosecution. This is especially true in the case of Cambodia, where trials against leading members of the Khmer Rouge are taking place before the special hybrid court set up for this purpose, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The difficulties facing those who attempt to hold the perpetrators of sexual and gender-based crimes under the Khmer Rouge regime accountable for their acts are formidable.

First, in view of the sheer scope and magnitude of the Khmer Rouge’s violations of human rights, sexual and gender-based crimes are viewed by many in Cambodia as being of secondary importance; moreover, there is a widespread perception that the regime was highly moralistic and did not tolerate such crimes.

Secondly, the jurisdiction of the ECCC has been interpreted in a restrictive way, posing problems for the prosecution of sexual and gender-based crimes.

Thirdly, the most widespread form of such crimes under the Khmer Rouge was the practice of forced marriage, which has not yet been codified as a crime under international law, which raises additional problems for the prosecution.

%%% %%%Gender-Based crimes%%%Gender-Based Violence%%%Rape%%%Prosecution%%%Forced marriage%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Studzinsky - Challenges of Rights to Participation and Protection

Literature

Year:
2013
Keywords:
Accountability Gender-Based Violence Cruel treatment Forced marriage
Author:
Studzinsky, Silke
Full reference:

Studzinsky, Silke, ‘Victims of Sexual and Gender-Based Crimes Before the Extraordinary Chambers in the Courts of Cambodia: Challenges of Rights to Participation and Protection’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 173-186.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Description:

In her chapter on the ECCC, Studzinsky discusses the unique role provided to victims as parties to the proceedings before the ECCC, but points to the (initial) decisions made by the prosecutor not to include sexual violence crimes among the charges at all. She voices concerns about inadequate and incoherent investigation, and argues that these reflect mistakes which are not easily remedied later on in the process. Studzinsky discusses the cases before the ECCC and how sexual violence was charged and prosecuted. One major milestone that Studzinsky discusses is the inclusion of forced marriages in the 2010 indictment of case 002, which, she states, got included because of successful civil party participation.  On the issue of participation, she states that “the new legal representation regime, which now stipulates that one national and one international Lead Co-Lawyer employed with the Court represent a “consolidated” group of Civil Parties, could reduce, if not hinder, the proper representation of Civil Parties through their Lawyers.” Since the judges of the ECCC will only liaise with the Lead Co-Lawyers, in her view, it remains to be seen how Civil Party Lawyers can continue represent their clients without direct access to the Court.

%%%Studzinsky, Silke%%% %%%Studzinsky - Challenges of Rights to Participation and Protection%%% %%%Literature%%% %%% %%%

Studzinsky, Silke, ‘Victims of Sexual and Gender-Based Crimes Before the Extraordinary Chambers in the Courts of Cambodia: Challenges of Rights to Participation and Protection’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 173-186.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In her chapter on the ECCC, Studzinsky discusses the unique role provided to victims as parties to the proceedings before the ECCC, but points to the (initial) decisions made by the prosecutor not to include sexual violence crimes among the charges at all. She voices concerns about inadequate and incoherent investigation, and argues that these reflect mistakes which are not easily remedied later on in the process. Studzinsky discusses the cases before the ECCC and how sexual violence was charged and prosecuted. One major milestone that Studzinsky discusses is the inclusion of forced marriages in the 2010 indictment of case 002, which, she states, got included because of successful civil party participation.  On the issue of participation, she states that “the new legal representation regime, which now stipulates that one national and one international Lead Co-Lawyer employed with the Court represent a “consolidated” group of Civil Parties, could reduce, if not hinder, the proper representation of Civil Parties through their Lawyers.” Since the judges of the ECCC will only liaise with the Lead Co-Lawyers, in her view, it remains to be seen how Civil Party Lawyers can continue represent their clients without direct access to the Court.

%%% %%%Accountability%%%Gender-Based Violence%%%Cruel treatment%%%Forced marriage%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Van Schaak - Obstacles on the Road to Gender Justice

Literature

Country:
Rwanda
Keywords:
Gender-Based crimes Gender-Based Violence Genocide Actus reus
Author:
Van Schaak, Beth
Full reference:

Van Schaak, Beth, Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda, an Object Lesson, 17 Journal of Gender, Social Policy and the Law (2009) 361-406.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR)
Description:

The author posits that the results of the cases before the ICTR do not reflect the high levels of gender violence in Rwanda during the genocide. In fact, the systemic lack of gender violence charges, and the high number of acquittals for the charges that were brought, generates the opposite impression. This disconnect lies at the heart of this article, which discusses the many ways in which gender justice can be neglected or sidelined in international criminal law with a particular focus on the history of gender justice prosecutions before the ICTR and the decisions and practices of that Tribunal’s Office of the Prosecutor.  This study makes clear that where gender violence is not central to a prosecutorial strategy, potential charges become dispensable and charged crimes result in acquittals when subjected to the adversarial criminal justice process.  Although it is largely too late for the women of Rwanda, the ICC - whose constitutive statute contains groundbreaking and enlightened structural, procedural, and substantive provisions to ensure gender justice - must generate better results for women victims elsewhere and ensure that the missteps, carelessness, and neglect characterizing gender justice before the ICTR are not repeated.

%%%Van Schaak, Beth%%% %%%Van Schaak - Obstacles on the Road to Gender Justice%%% %%%Literature%%% %%%Rwanda%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%

Van Schaak, Beth, Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda, an Object Lesson, 17 Journal of Gender, Social Policy and the Law (2009) 361-406.

%%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The author posits that the results of the cases before the ICTR do not reflect the high levels of gender violence in Rwanda during the genocide. In fact, the systemic lack of gender violence charges, and the high number of acquittals for the charges that were brought, generates the opposite impression. This disconnect lies at the heart of this article, which discusses the many ways in which gender justice can be neglected or sidelined in international criminal law with a particular focus on the history of gender justice prosecutions before the ICTR and the decisions and practices of that Tribunal’s Office of the Prosecutor.  This study makes clear that where gender violence is not central to a prosecutorial strategy, potential charges become dispensable and charged crimes result in acquittals when subjected to the adversarial criminal justice process.  Although it is largely too late for the women of Rwanda, the ICC - whose constitutive statute contains groundbreaking and enlightened structural, procedural, and substantive provisions to ensure gender justice - must generate better results for women victims elsewhere and ensure that the missteps, carelessness, and neglect characterizing gender justice before the ICTR are not repeated.

%%% %%%Gender-Based crimes%%%Gender-Based Violence%%%Genocide%%%Actus reus%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%%Genocide%%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Viseur-Sellers - Gender Strategy is Not Luxury...

Literature

Year:
2009
Country:
Rwanda, Former Yugoslavia
Keywords:
NGO Expertise in sexual violence Child Soldiers Persecution on Sexual Grounds Advisor for Gender in the Office of the Prosecutor
Author:
Viseur-Sellers, Patricia
Full reference:

Viseur-Sellers, Patricia, Gender Strategy is Not Luxury for International Courts Symposium: Prosecuting Sexual and Gender-Based Crimes Before International/ized Criminal Courts, 17(2) Journal of Gender, Social Policy & the Law (2009) 327-335.

Type of Literature:
Journal article
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
Description:

The article deals with Viseur-Sellers’ observations from practice, working as a Gender Legal Advisor at the ICTR and ICTY, on the developments (both the achievements and shortcomings) at the different international/ized tribunals in prosecuting sexual violence. She concludes by providing arguments of why a Legal Advisor for Gender in the Office of the Prosecutor at the ICC might be necessary.

The first point is that a Legal Advisor might ensure, in the admissibility of cases, and in their denial, that all matters of gender complementarity have been exhaustively examined.

Second, a Legal Advisor for Gender should have a working policy on the interpretation and application of Article 21(3) of the Rome Statute.

Third, a Legal Advisor for Gender at the OTP should develop a strategy to examine non-war situations, such as the female trafficking that is endemic in Eastern and Western Europe. Fourth, a Legal Advisor could examine the gendering of child soldiers, especially girls. The Legal Adviso

r should also address the sexual assaults committed upon boy soldiers and sexual assaults boy soldiers are ordered to commit as part of their training or in order to “carry out” their military missions. A Legal Advisor for Gender in the OTP of the ICC should observe the world-wide phenomenon of persecution of women via economic and social human rights deprivation and environmental deprivation. A Legal Advisor for Gender at the OTP of the ICC might ensure that the prosecution seeks a wider base of protection for NGOs and civil society who offer support to witnesses and victims.

The Legal Advisor for Gender must ensure that more experts on gender and sexual violence are recognized and given the opportunity to testify before the courts. A legal advisor should also devise strategies for reparations, compensation, and to ensure the non-repetition of sexual violence and other gender harm. Lastly, much energy, laudably, has been expended on attempting to define the crime of aggression. The Legal Advisor for Gender should expend some energy to define the crime of patriarchy, so that it might be amended into the Rome Statute. Gender strategy cannot resolve all the ills of a judicial institution, including the ICC.  Nevertheless, gender strategy is not a luxury. Its absence, the author states, is an absurdity, bordering on a grant of impunity for conduct that is criminal.

%%%Viseur-Sellers, Patricia%%% %%%Viseur-Sellers - Gender Strategy is Not Luxury...%%% %%%Literature%%% %%%Rwanda%%%Former Yugoslavia%%% %%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Criminal Court%%%

Viseur-Sellers, Patricia, Gender Strategy is Not Luxury for International Courts Symposium: Prosecuting Sexual and Gender-Based Crimes Before International/ized Criminal Courts, 17(2) Journal of Gender, Social Policy & the Law (2009) 327-335.

2009 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The article deals with Viseur-Sellers’ observations from practice, working as a Gender Legal Advisor at the ICTR and ICTY, on the developments (both the achievements and shortcomings) at the different international/ized tribunals in prosecuting sexual violence. She concludes by providing arguments of why a Legal Advisor for Gender in the Office of the Prosecutor at the ICC might be necessary.

The first point is that a Legal Advisor might ensure, in the admissibility of cases, and in their denial, that all matters of gender complementarity have been exhaustively examined.

Second, a Legal Advisor for Gender should have a working policy on the interpretation and application of Article 21(3) of the Rome Statute.

Third, a Legal Advisor for Gender at the OTP should develop a strategy to examine non-war situations, such as the female trafficking that is endemic in Eastern and Western Europe. Fourth, a Legal Advisor could examine the gendering of child soldiers, especially girls. The Legal Adviso

r should also address the sexual assaults committed upon boy soldiers and sexual assaults boy soldiers are ordered to commit as part of their training or in order to “carry out” their military missions. A Legal Advisor for Gender in the OTP of the ICC should observe the world-wide phenomenon of persecution of women via economic and social human rights deprivation and environmental deprivation. A Legal Advisor for Gender at the OTP of the ICC might ensure that the prosecution seeks a wider base of protection for NGOs and civil society who offer support to witnesses and victims.

The Legal Advisor for Gender must ensure that more experts on gender and sexual violence are recognized and given the opportunity to testify before the courts. A legal advisor should also devise strategies for reparations, compensation, and to ensure the non-repetition of sexual violence and other gender harm. Lastly, much energy, laudably, has been expended on attempting to define the crime of aggression. The Legal Advisor for Gender should expend some energy to define the crime of patriarchy, so that it might be amended into the Rome Statute. Gender strategy cannot resolve all the ills of a judicial institution, including the ICC.  Nevertheless, gender strategy is not a luxury. Its absence, the author states, is an absurdity, bordering on a grant of impunity for conduct that is criminal.

%%% %%%NGO%%%Expertise in sexual violence%%%Child Soldiers%%%Persecution on Sexual Grounds%%%Advisor for Gender in the Office of the Prosecutor%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%%Minor victim%%%Male victim%%%Female victim%%% %%%

Zawati - Symbolic Judgements or Judging Symbols...

Literature

Year:
2013
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Gender-Based crimes Prosecution Fair trial Impunity Fair Labelling
Full reference:

Zawati, Hilmi M., Symbolic Judgements or Judging Symbols: Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes under the Statutes of the International Criminal Tribunals (Pennsylvania Press, Philadelphia, 2013).

Type of Literature:
Book
Research Focus:
Investigation and prosecution of conflict related sexual violence
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

This book focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling.

In this book, Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling.

The author emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals. When sexual violence crimes are not prosecuted under the label of the crime as it took place in conflict, this impacts on the victims of sexual violence and their taken on justice.

%%% %%%Zawati - Symbolic Judgements or Judging Symbols...%%% %%%Literature%%% %%% %%%International Criminal Court%%%

Zawati, Hilmi M., Symbolic Judgements or Judging Symbols: Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes under the Statutes of the International Criminal Tribunals (Pennsylvania Press, Philadelphia, 2013).

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This book focuses on the dilemma of prosecuting gender-based crimes under the statutes of the international criminal tribunals with reference to the principle of fair labelling.

In this book, Zawati explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair labelling, lead to inconsistent verdicts and punishments, and cause inadequate prosecution of these crimes. This inquiry deals with gender-based crimes as a case study, within the legal principle and theoretical framework of fair labelling.

The author emphasizes that applying fair labelling to wartime gender-based crimes would enable the tribunals and the ICC to deliver fair judgments, eliminate inconsistent prosecution, overcome shortcomings in addressing gender-based crimes within their jurisprudence, while breaking the cycle of impunity for these crimes. Consisting of two parts, this work begins by outlining the central focus and theoretical legal framework of the study. It concentrates on fair labelling as an imperative legal principle and a legal framework, and examines its intellectual development, scope and justification, illustrating its applicability to gender-based crimes. The second part addresses the dilemma of prosecuting gender-based crimes in the international criminal tribunals. When sexual violence crimes are not prosecuted under the label of the crime as it took place in conflict, this impacts on the victims of sexual violence and their taken on justice.

%%%Definitions/elements of sexual violence crimes%%% %%%Gender-Based crimes%%%Prosecution%%%Fair trial%%%Impunity%%%Fair Labelling%%% %%%Investigation and prosecution of conflict related sexual violence%%% %%%Book%%% %%%International Criminal Tribunal/Court%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Amicus Curiae Human Rights Center et al. - International Experts...

Literature

Year:
2015
Country:
Chad
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Forced prostitution Sexual Slavery Inhuman Treatment Torture Rape, Outrages upon Personal Dignity Principle of Legality Criminalization
Author:
Amicus Curiae Human Rights Center
Full reference:

Amicus Curiae Human Rights Center, University of California, Berkeley, School of Law, and International Experts on Sexual Violence under International Criminal Law, Rape and other forms of sexual violence as crimes against humanity, war crimes, and torture under customary international law, A filing before the Extraordinary African Chambers seated at the Court of Appeals, Dakar, Senegal, 8 December 2015.

 

Type of Literature:
Report
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Type of mechanism:
International Criminal Tribunal/Court
Name of mechanism:
International Criminal Court
Description:

Amici pose and set out in detail the following in the brief: “That the facts in the present case involve, inter alia, multiple incidents of rape, sexual slavery, genital injury, forced nudity, and violations of reproductive health by Hissène Habré or agents under his command and control. This Court has the power and responsibility to revise the charges against the defendant to include these acts of sexual violence, which constitute crimes under the Statute of this Court. These acts were prohibited and criminalized under customary international law at the time Habré was in power (7 June 1982 to 1 December 1990).

The prohibition and criminalization of crimes of sexual violence over time has evolved from implicit to explicit. From the late 19th century through the mid-20th century, rape and other forms of sexual violence were often referred to as violations to family or a woman’s honor, or as indecent assault. However, post-World War II, specific acts such as rape and enforced prostitution have been explicitly included in treaties and other international instruments prohibiting and criminalizing conduct during conflict periods. Rape and many other acts of sexual violence can be characterized as various war crimes and crimes against humanity, as well as the independent crime of torture under the Statute. Specifically, this Court may find that, at the time of the Habré regime: (i) rape could qualify as the war crimes of “torture or inhuman treatment” and “outrages upon personal dignity”, as a crime against humanity, and as a form of torture under customary international law; (ii) slavery, including sexual slavery, could qualify as a crime against humanity, while forced prostitution could qualify as a war crime and a crime against humanity; and (iii) other forms of sexual violence of comparable gravity could qualify as the war crimes of “torture or inhuman treatment” and “outrages upon personal dignity”, as crimes against humanity, and as a form of torture.

Charging these acts as such under the Statute is supported by customary international law as it existed at the time of the Habré regime. In addition, jurisprudence of the ad hoc international criminal tribunals that emerged during the 1990s confirmed the customary status of these crimes under international law. Characterizing the acts of rape, slavery, forced prostitution, and other forms of sexual violence in the record as international crimes listed in the statute of this Court would be in accordance with the principle of legality (nullum crimen sine lege), because these acts were prosecutable as war crimes, crimes against humanity, and crimes of torture at the time Hissène Habré was in power.”

%%%Amicus Curiae Human Rights Center%%% %%%Amicus Curiae Human Rights Center et al. - International Experts...%%% %%%Literature%%% %%%Chad%%% %%%International Criminal Court%%%

Amicus Curiae Human Rights Center, University of California, Berkeley, School of Law, and International Experts on Sexual Violence under International Criminal Law, Rape and other forms of sexual violence as crimes against humanity, war crimes, and torture under customary international law, A filing before the Extraordinary African Chambers seated at the Court of Appeals, Dakar, Senegal, 8 December 2015.

 

2015 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Amici pose and set out in detail the following in the brief: “That the facts in the present case involve, inter alia, multiple incidents of rape, sexual slavery, genital injury, forced nudity, and violations of reproductive health by Hissène Habré or agents under his command and control. This Court has the power and responsibility to revise the charges against the defendant to include these acts of sexual violence, which constitute crimes under the Statute of this Court. These acts were prohibited and criminalized under customary international law at the time Habré was in power (7 June 1982 to 1 December 1990).

The prohibition and criminalization of crimes of sexual violence over time has evolved from implicit to explicit. From the late 19th century through the mid-20th century, rape and other forms of sexual violence were often referred to as violations to family or a woman’s honor, or as indecent assault. However, post-World War II, specific acts such as rape and enforced prostitution have been explicitly included in treaties and other international instruments prohibiting and criminalizing conduct during conflict periods. Rape and many other acts of sexual violence can be characterized as various war crimes and crimes against humanity, as well as the independent crime of torture under the Statute. Specifically, this Court may find that, at the time of the Habré regime: (i) rape could qualify as the war crimes of “torture or inhuman treatment” and “outrages upon personal dignity”, as a crime against humanity, and as a form of torture under customary international law; (ii) slavery, including sexual slavery, could qualify as a crime against humanity, while forced prostitution could qualify as a war crime and a crime against humanity; and (iii) other forms of sexual violence of comparable gravity could qualify as the war crimes of “torture or inhuman treatment” and “outrages upon personal dignity”, as crimes against humanity, and as a form of torture.

Charging these acts as such under the Statute is supported by customary international law as it existed at the time of the Habré regime. In addition, jurisprudence of the ad hoc international criminal tribunals that emerged during the 1990s confirmed the customary status of these crimes under international law. Characterizing the acts of rape, slavery, forced prostitution, and other forms of sexual violence in the record as international crimes listed in the statute of this Court would be in accordance with the principle of legality (nullum crimen sine lege), because these acts were prosecutable as war crimes, crimes against humanity, and crimes of torture at the time Hissène Habré was in power.”

%%%Definitions/elements of sexual violence crimes%%% %%%Forced prostitution%%%Sexual Slavery%%%Inhuman Treatment%%%Torture%%%Rape, Outrages upon Personal Dignity%%%Principle of Legality%%%Criminalization%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Report%%% %%%International Criminal Tribunal/Court%%% %%%War crimes%%%Crimes against humanity%%% %%%Torture%%%Rape%%%Forced Prostitution%%%Outrages upon personal dignity%%%Sexual slavery%%% %%% %%%Government official%%%Leading political figure%%% %%% %%%

Askin - War Crimes Against Women...

Literature

Year:
1997
Country:
Germany, Former Yugoslavia, Japan
Keywords:
Rape Prosecution Gender-Based crimes Sexual war violence
Author:
Askin, Kelly D.
Full reference:

Askin, Kelly D., War Crimes Against Women: Prosecution in International War Crimes Tribunals (Dordrecht: Martinus Nijhoff Publishers, 1997).

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Type of mechanism:
International Criminal Tribunal/Court, Military Tribunal
Name of mechanism:
International Criminal Tribunal for Former Yugoslavia (ICTY), International Military Tribunal For The Far East (IMTFE), Nuremberg Trials
Description:

This book examines the laws and customs of war prohibiting rape crimes dating back thousands of years and surveys the historical treatment of women in wartime. The author argues that all the various forms of gender-specific crimes must be prosecuted and punished. The book reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, discusses how crimes against women could have been prosecuted in these tribunals, and suggests explanations as to why they were neglected. Kelly Askin also addresses the status of women in domestic and international law since the late-19th century, including the years preceding World War II and the Yugoslav conflict. She reviews gender-specific crimes in the Yugoslav conflict and presents arguments as to how and why they must be prosecuted under Articles 2-5 of the Yugoslav Statute - as grave breaches of the Geneva Conventions and crimes against humanity.

%%%Askin, Kelly D.%%% %%%Askin - War Crimes Against Women...%%% %%%Literature%%% %%%Germany%%%Former Yugoslavia%%%Japan%%% %%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Military Tribunal For The Far East (IMTFE)%%%Nuremberg Trials%%%

Askin, Kelly D., War Crimes Against Women: Prosecution in International War Crimes Tribunals (Dordrecht: Martinus Nijhoff Publishers, 1997).

1997 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This book examines the laws and customs of war prohibiting rape crimes dating back thousands of years and surveys the historical treatment of women in wartime. The author argues that all the various forms of gender-specific crimes must be prosecuted and punished. The book reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, discusses how crimes against women could have been prosecuted in these tribunals, and suggests explanations as to why they were neglected. Kelly Askin also addresses the status of women in domestic and international law since the late-19th century, including the years preceding World War II and the Yugoslav conflict. She reviews gender-specific crimes in the Yugoslav conflict and presents arguments as to how and why they must be prosecuted under Articles 2-5 of the Yugoslav Statute - as grave breaches of the Geneva Conventions and crimes against humanity.

%%% %%%Rape%%%Prosecution%%%Gender-Based crimes%%%Sexual war violence%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%%Military Tribunal%%% %%%Crimes against humanity%%% %%%Sexual abuse/assault/violence%%%Rape%%% %%% %%% %%%Female victim%%% %%%

Askin - Prosecuting Wartime Rape and Other...

Literature

Year:
2003
Country:
Japan, Germany, Rwanda, Former Yugoslavia
Keywords:
Gender-Based Violence Rape Prosecution Mass Violence
Author:
Askin, Kelly D.
Full reference:

Askin, Kelly D., Prosecuting Wartime Rape and Other Gender-Related Crimes Under International Law: Extraordinary Advances, Enduring Obstacles, 21 Berkeley Journal of International Law (2003) 288-349.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Type of mechanism:
International Criminal Tribunal/Court, Military Tribunal
Name of mechanism:
International Military Tribunal For The Far East (IMTFE), Nuremberg Trials, International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court
Description:

This article first reviews the historical development of international laws most relevant to women during periods of war or mass violence, particularly international humanitarian law, emphasizing that for centuries, treaties and customary practices overwhelmingly failed to take women and girls, and crimes committed against them, into account. It then examines the treatment of gender-related crimes in the post-World War II trials held in Nuremberg and Tokyo. Finally, this article reviews the most salient gender jurisprudence developed in the Yugoslav and Rwanda Tribunals and by the Statute of the International Criminal Court (ICC).

%%%Askin, Kelly D.%%% %%%Askin - Prosecuting Wartime Rape and Other...%%% %%%Literature%%% %%%Japan%%%Germany%%%Rwanda%%%Former Yugoslavia%%% %%%International Military Tribunal For The Far East (IMTFE)%%%Nuremberg Trials%%%International Criminal Tribunal for Rwanda (ICTR)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Criminal Court%%%

Askin, Kelly D., Prosecuting Wartime Rape and Other Gender-Related Crimes Under International Law: Extraordinary Advances, Enduring Obstacles, 21 Berkeley Journal of International Law (2003) 288-349.

2003 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article first reviews the historical development of international laws most relevant to women during periods of war or mass violence, particularly international humanitarian law, emphasizing that for centuries, treaties and customary practices overwhelmingly failed to take women and girls, and crimes committed against them, into account. It then examines the treatment of gender-related crimes in the post-World War II trials held in Nuremberg and Tokyo. Finally, this article reviews the most salient gender jurisprudence developed in the Yugoslav and Rwanda Tribunals and by the Statute of the International Criminal Court (ICC).

%%% %%%Gender-Based Violence%%%Rape%%%Prosecution%%%Mass Violence%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%%Military Tribunal%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%%Female victim%%% %%%

Askin - Treatment of Sexual Violence in Armed Conflicts...

Literature

Year:
2013
Country:
Japan, Germany, Rwanda, Sierra Leone, Former Yugoslavia, Cambodia
Keywords:
Criminalization Prosecution
Author:
Askin, Kelly D.
Full reference:

Askin, Kelly, ‘Treatment of Sexual Violence in Armed Conflicts: A Historical Perspective and the Way Forward’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 19-55.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Type of mechanism:
International Criminal Tribunal/Court, Military Tribunal
Name of mechanism:
International Military Tribunal For The Far East (IMTFE), Nuremberg Trials, Special Court for Sierra Leone (SCSL), Extraordinary Chambers of the Courts of Cambodia (ECCC), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR)
Description:

The author discusses the developments in criminalizing and prosecuting sexual violence before the 1990s, in particular before the Tokyo and Nuremberg Tribunals. Although these developments were not always far-reaching or the prohibitions on sexual violence non-existent or vaguely worded, they did lay the groundwork for recognition of these crimes in the 1990s. Askin elaborates on these developments up to WWII, while also briefly discussing some of the more recent advancements made in international law (ICTY, ICTR, SCSL, ECCC) and looking briefly to the challenges ahead (ICC).

%%%Askin, Kelly D.%%% %%%Askin - Treatment of Sexual Violence in Armed Conflicts...%%% %%%Literature%%% %%%Japan%%%Germany%%%Rwanda%%%Sierra Leone%%%Former Yugoslavia%%%Cambodia%%% %%%International Military Tribunal For The Far East (IMTFE)%%%Nuremberg Trials%%%Special Court for Sierra Leone (SCSL)%%%Extraordinary Chambers of the Courts of Cambodia (ECCC)%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Criminal Tribunal for Rwanda (ICTR)%%%

Askin, Kelly, ‘Treatment of Sexual Violence in Armed Conflicts: A Historical Perspective and the Way Forward’, in Anne-Marie de Brouwer et al. (eds.), Sexual Violence as an International Crime: Interdisciplinary Approaches (Intersentia, Cambridge/Antwerp/Portland, 2013), pp. 19-55.

2013 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The author discusses the developments in criminalizing and prosecuting sexual violence before the 1990s, in particular before the Tokyo and Nuremberg Tribunals. Although these developments were not always far-reaching or the prohibitions on sexual violence non-existent or vaguely worded, they did lay the groundwork for recognition of these crimes in the 1990s. Askin elaborates on these developments up to WWII, while also briefly discussing some of the more recent advancements made in international law (ICTY, ICTR, SCSL, ECCC) and looking briefly to the challenges ahead (ICC).

%%% %%%Criminalization%%%Prosecution%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%%Military Tribunal%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Campanaro - Women, War and International Law...

Literature

Year:
2001
Country:
Germany, Japan, Rwanda, Former Yugoslavia
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Impunity Sexual Assault/Attack/Abuse Rape as a weapon of war Gender-Based crimes Prosecution
Author:
Campanaro, Jocelyn
Full reference:

Campanaro, Jocelyn, Women, War and International Law: The Historical Treatment of Gender-Based War Crimes, 89 Georgetown Law Journal (2001), 2557-2592.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Type of mechanism:
International Criminal Tribunal/Court, Military Tribunal
Name of mechanism:
International Military Tribunal For The Far East (IMTFE), Nuremberg Trials, International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR)
Description:

Part I of the article examines the war crimes tribunals of World War II and their ineffectiveness in recognizing and prosecuting the rampant sexual violations that occurred during the war. While both war crimes tribunals held in Nuremberg and Tokyo had the ability to prosecute those responsible for the numerous sexual assaults that occurred, neither exercised their power to address the occurrence of crimes committed with unacceptable impunity.

Part II addresses the development of international agreements after World War II and the foundation that these compacts provided for future prosecutions of war criminals for their actions of sexual assault.

Part III of the article examines the recent developments of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in light of the advances and limitations each has demonstrated in the recognition of gender-based crimes as instruments of war. These tribunals have established much needed precedent through successful prosecution and proper statutory application, both of which are integral to the development and recognition of gender-based war crimes.

Finally, Part IV addresses the Rome Statute of the International Criminal Court and assesses its progress, limitations, and implications for creating greater recognition of gender-based crimes and the increased possibilities for future prosecutions of sexual violence. While the advances of the last century have produced a greater understanding and recognition of the harms specific to women in times of conflict, there is still much room for improvement if women are to be afforded the protection they deserve.

%%%Campanaro, Jocelyn%%% %%%Campanaro - Women, War and International Law...%%% %%%Literature%%% %%%Germany%%%Japan%%%Rwanda%%%Former Yugoslavia%%% %%%International Military Tribunal For The Far East (IMTFE)%%%Nuremberg Trials%%%International Criminal Tribunal for Former Yugoslavia (ICTY)%%%International Criminal Tribunal for Rwanda (ICTR)%%%

Campanaro, Jocelyn, Women, War and International Law: The Historical Treatment of Gender-Based War Crimes, 89 Georgetown Law Journal (2001), 2557-2592.

2001 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Part I of the article examines the war crimes tribunals of World War II and their ineffectiveness in recognizing and prosecuting the rampant sexual violations that occurred during the war. While both war crimes tribunals held in Nuremberg and Tokyo had the ability to prosecute those responsible for the numerous sexual assaults that occurred, neither exercised their power to address the occurrence of crimes committed with unacceptable impunity.

Part II addresses the development of international agreements after World War II and the foundation that these compacts provided for future prosecutions of war criminals for their actions of sexual assault.

Part III of the article examines the recent developments of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in light of the advances and limitations each has demonstrated in the recognition of gender-based crimes as instruments of war. These tribunals have established much needed precedent through successful prosecution and proper statutory application, both of which are integral to the development and recognition of gender-based war crimes.

Finally, Part IV addresses the Rome Statute of the International Criminal Court and assesses its progress, limitations, and implications for creating greater recognition of gender-based crimes and the increased possibilities for future prosecutions of sexual violence. While the advances of the last century have produced a greater understanding and recognition of the harms specific to women in times of conflict, there is still much room for improvement if women are to be afforded the protection they deserve.

%%%Definitions/elements of sexual violence crimes%%% %%%Impunity%%%Sexual Assault/Attack/Abuse%%%Rape as a weapon of war%%%Gender-Based crimes%%%Prosecution%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%%International Criminal Tribunal/Court%%%Military Tribunal%%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%%Female victim%%% %%%

Charlesworth et al. - The Gender of Jus Cogens

Literature

Year:
1993
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Jus cogens Equality Universality Masculinity Genuine Human Rights
Author:
Charlesworth, Hillary and Christine Chinkin
Full reference:

Charlesworth, Hillary and Christine Chinkin, The Gender of Jus Cogens, 15(1) Human Rights Quarterly (1993) 63-76.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Description:

The authors explain that they are neither concerned with the debates over the validity of the doctrine of jus cogens in international law nor with particular candidates for jus cogens status. Rather, they are interested in the structure of the concept detailed by international law scholars. The authors argue that the concept of the jus cogens is not a properly universal one as its development has privileged the experiences of men over those of women, and it has provided a protection to men that is not accorded to women.

Fundamental norms designed to protect individuals should be truly universal in application as well as rhetoric, and operate to protect both men and women from those harms they are in fact most likely to suffer. They should be genuine human rights, not male rights. The very human rights principles that are most frequently designated as jus cogens do not in fact operate equally upon men and women. They are gendered and not therefore of universal validity. Further, the choices that are typically made of the relevant norms and the interpretation of what harms they are designed to prevent reflect male choices which frequently bear no relevance to women’s lives. On the other hand, the violations that women do most need guarantees against do not receive this same protection or symbolic labelling. The priorities asserted are male-oriented and are given a masculine interpretation. Taking women’s experiences into account in the development of jus cogens norms will require a fundamental rethinking of every aspect of the doctrine.

%%%Charlesworth, Hillary and Christine Chinkin%%% %%%Charlesworth et al. - The Gender of Jus Cogens%%% %%%Literature%%% %%% %%%

Charlesworth, Hillary and Christine Chinkin, The Gender of Jus Cogens, 15(1) Human Rights Quarterly (1993) 63-76.

1993 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

The authors explain that they are neither concerned with the debates over the validity of the doctrine of jus cogens in international law nor with particular candidates for jus cogens status. Rather, they are interested in the structure of the concept detailed by international law scholars. The authors argue that the concept of the jus cogens is not a properly universal one as its development has privileged the experiences of men over those of women, and it has provided a protection to men that is not accorded to women.

Fundamental norms designed to protect individuals should be truly universal in application as well as rhetoric, and operate to protect both men and women from those harms they are in fact most likely to suffer. They should be genuine human rights, not male rights. The very human rights principles that are most frequently designated as jus cogens do not in fact operate equally upon men and women. They are gendered and not therefore of universal validity. Further, the choices that are typically made of the relevant norms and the interpretation of what harms they are designed to prevent reflect male choices which frequently bear no relevance to women’s lives. On the other hand, the violations that women do most need guarantees against do not receive this same protection or symbolic labelling. The priorities asserted are male-oriented and are given a masculine interpretation. Taking women’s experiences into account in the development of jus cogens norms will require a fundamental rethinking of every aspect of the doctrine.

%%%Definitions/elements of sexual violence crimes%%% %%%Jus cogens%%%Equality%%%Universality%%%Masculinity%%%Genuine Human Rights%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%% %%% %%% %%%

Gaggioli - Sexual Violence in Armed Conflicts...

Literature

Year:
2014
Keywords:
Domestic law Responsibility Humanitarian Law Armed Conflict International Criminal Law
Author:
Gaggioli, Gloria
Full reference:

Gaggioli, Gloria, Sexual Violence in Armed Conflicts: A Violation of International Humanitarian Law and Human Rights Law, 96(894) International Review of the Red Cross (2014) 503-538.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Description:

Sexual violence is prevalent in contemporary armed conflicts. International humanitarian law and human rights law absolutely prohibit all forms of sexual violence at all times and against anyone; international criminal law moreover provides for the individual criminal responsibility of sexual crimes’ perpetrators. These three bodies of law importantly reinforce each other in this field. The discrepancy between the facts on the ground and the law is a matter of concern that cannot be explained by potential legal gaps or uncertainties. What is needed is to find new ways of improving implementation for existing laws at the domestic and international levels.

%%%Gaggioli, Gloria%%% %%%Gaggioli - Sexual Violence in Armed Conflicts...%%% %%%Literature%%% %%% %%%

Gaggioli, Gloria, Sexual Violence in Armed Conflicts: A Violation of International Humanitarian Law and Human Rights Law, 96(894) International Review of the Red Cross (2014) 503-538.

2014 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

Sexual violence is prevalent in contemporary armed conflicts. International humanitarian law and human rights law absolutely prohibit all forms of sexual violence at all times and against anyone; international criminal law moreover provides for the individual criminal responsibility of sexual crimes’ perpetrators. These three bodies of law importantly reinforce each other in this field. The discrepancy between the facts on the ground and the law is a matter of concern that cannot be explained by potential legal gaps or uncertainties. What is needed is to find new ways of improving implementation for existing laws at the domestic and international levels.

%%% %%%Domestic law%%%Responsibility%%%Humanitarian Law%%%Armed Conflict%%%International Criminal Law%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%% %%% %%%Sexual abuse/assault/violence%%% %%%Individual criminal responsibility%%% %%% %%% %%%

Mitchell - The Prohibition of Rape...

Literature

Year:
2005
Keywords:
Regional judicial bodies International Convention Jus cogens Rape
Author:
Mitchell, David S.
Full reference:

Mitchell, David S., The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine, 15 Duke Journal of Comparative & International Law (2005) 219-257.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Description:

This article argues that the prohibition of sexual violence in humanitarian law has emerged as one of the most fundamental standards of the international community as a norm of jus cogens. Although the prohibition of rape has not been formally designated as a jus cogens rule by courts, its peremptory status, like that of torture, is likely to become an important normative standard within the international legal system.

Part II of this article elucidates the criteria for establishing a rule of jus cogens.

Part III argues that state law and practice, international conventions, and the decisions of international and regional judicial bodies present compelling evidence of a demonstrable and legitimate jus cogens norm barring rape and sexual violence under international humanitarian law. Thus in doing so, this article hopes to rethink the doctrine of jus cogens by clarifying the ambiguous legal status of rape.

 

%%%Mitchell, David S.%%% %%%Mitchell - The Prohibition of Rape...%%% %%%Literature%%% %%% %%%

Mitchell, David S., The Prohibition of Rape in International Humanitarian Law as a Norm of Jus Cogens: Clarifying the Doctrine, 15 Duke Journal of Comparative & International Law (2005) 219-257.

2005 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

This article argues that the prohibition of sexual violence in humanitarian law has emerged as one of the most fundamental standards of the international community as a norm of jus cogens. Although the prohibition of rape has not been formally designated as a jus cogens rule by courts, its peremptory status, like that of torture, is likely to become an important normative standard within the international legal system.

Part II of this article elucidates the criteria for establishing a rule of jus cogens.

Part III argues that state law and practice, international conventions, and the decisions of international and regional judicial bodies present compelling evidence of a demonstrable and legitimate jus cogens norm barring rape and sexual violence under international humanitarian law. Thus in doing so, this article hopes to rethink the doctrine of jus cogens by clarifying the ambiguous legal status of rape.

 

%%% %%%Regional judicial bodies%%%International Convention%%%Jus cogens%%%Rape%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Journal article%%% %%% %%% %%% %%% %%% %%% %%%

Quénivet - Sexual Offenses in Armed Conflict...

Literature

Year:
2005
Country:
Bosnia Herzegovina
Issues:
Definitions/elements of sexual violence crimes
Keywords:
Feminist approach Rape NGO Humanitarian Law
Author:
Quénivet, Noëll N.R.
Full reference:

Quénivet, Noëll N.R., Sexual Offenses in Armed Conflict and International Law (Ardsley, New York: Transnational Publishers, 2005).

Type of Literature:
Book
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Description:

In this book Quénivet has constructed a tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law.

Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed, inter alia, that international law does not adequately prohibit sexual offences and that prosecution is scarce.

This book examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded.

%%%Quénivet, Noëll N.R.%%% %%%Quénivet - Sexual Offenses in Armed Conflict...%%% %%%Literature%%% %%%Bosnia Herzegovina%%% %%%

Quénivet, Noëll N.R., Sexual Offenses in Armed Conflict and International Law (Ardsley, New York: Transnational Publishers, 2005).

2005 %%%0%%% %%%0%%% %%%%%% %%%%%% %%%%%% %%%%%%

In this book Quénivet has constructed a tool for navigating the morass of sexual offences and international law. Using Bosnia-Herzegovina a jumping off point, she proceeds to show how, over the last two decades, the Western world has been swept up by a wave of feminist scholars writing about international law and more particularly humanitarian and human rights law.

Although these articles, books and statements have covered a broad range of issues, the focus has been on sexual offences and, more specifically, on rape in times of conflict. These authors, as well as NGOs supporting their ideas, have made a series of assumptions concerning sexual offences in times of armed conflict. On the basis of these presumptions, they have claimed, inter alia, that international law does not adequately prohibit sexual offences and that prosecution is scarce.

This book examines whether the assumptions made by feminist scholars are solidly grounded in international law and whether their claims are still valid regarding the latest legal developments. A thorough examination of the laws and the jurisprudence relating to sexual offences demonstrates that whereas before the creation of the ad hoc international criminal tribunals some of their claims were founded, these claims are now partially ill-founded.

%%%Definitions/elements of sexual violence crimes%%% %%%Feminist approach%%%Rape%%%NGO%%%Humanitarian Law%%% %%%Gaps in the jurisprudence on conflict related sexual violence crimes%%% %%%Book%%% %%% %%% %%%Rape%%% %%% %%% %%% %%%

Viseur Sellers - The Cultural Value of Sexual Violence

Literature

Year:
1999
Issues:
Socio-cultural context of sexual violence
Keywords:
Gender-Based crimes Humanitarian Law Sexual Integrity Preservation of Civil Society
Author:
Viseur Sellers, Patricia
Full reference:

Viseur Sellers, Patricia, The Cultural Value of Sexual Violence, 93 Proceedings of the Annual Meeting (American Society of International Law) (March 24-27, 1999) 312-324.

Type of Literature:
Journal article
Research Focus:
Gaps in the jurisprudence on conflict related sexual violence crimes
Description:

The jurisprudence on sexual violence refutes the position of the skeptics, who in the early days of the ad hoc Tribunals belittled the prospects of sexual assault prosecutions, asserting that any trials would be a forced bow to 1990s political correctness and that any judgments would be fatally devoid of legal rigor. That has not been the case. The recent judgments entailing sex based crimes are ‘grounded’ in settled yet evolving principles of humanitarian law.

In this article, the author takes issue with the narrow, uninformed premise of the critics and posit that, historically, the condemnation of sexual violence under humanitarian law has always expounded and been driven, in part, by contemporaneous social values. Such values encompassed preservation or pacification of civil society, alternating stances on the primacy of military objectives or humanitarian goals, escalated protection of the armed forces, and, eventually, promotion of nondiscriminatory respect for the sexual integrity of persons, irrespective of civil status. Political and social mores permeated both the initial legality and then increasing illegality of sexual violence during armed conflict. This intricate dynamic determines the ‘culture’ value of sexual violence within humanitarian law.

%%%Viseur Sellers, Patricia%%% %%%Viseur Sellers - The Cultural Value of Sexual Violence%%% %%%Literature%%% %%% %%%