Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 17 of 17 results.

  • Jurisprudence judicial mechanism

    ICTR transfer - Ryandikayo

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Aiding and Abetting Ordering/Instigating Interahamwe

    Reference link
    http://unictr.irmct.org/en/cases/ictr-95-1e
    Type of mechanism
    Domestic court
    Name of accused
    Ryandikayo
    Charges
    Ryandikayo is charged with sexual violence crimes (in the second amended indictment of 8 May 2012) as follows: - Genocide for harming, including by raping, under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). [NB. Only 2(3)(a) is charged, not 2(3)(b), even though rape is mentioned for the count of genocide] - Complicity in genocide under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). The underlying facts that relate to the sexual violence for all these charges concern: (i) Ryandikayo took Jacqueline Uwineza into his house in Mubuga where he raped her and then took her to his banana plantation where she was killed by Interahamwe who beat her with clubs and machetes on his instigation and prompting (paragraph 24); (ii) the leading of six Tutsi girls on foot to the Mubuga cemetery and raping them, on the instructions of, inter alia, Ryandikayo (paragraph 33); (iii) in the course of an attack at Mubuga Catholic church, Ryandikayo together with Interahamwe and armed Hutu civilians, who acted in accordance with Ryandikayo’s instructions, prompting, and plan, raped and killed other Tutsi girls who were in the parish. Among them was a girl by the name of Claudine who resided near the parish.
    Status
    2778
    Case number
    MICT-12-22

  • Jurisprudence judicial mechanism

    MICT - Augustin Bizimana

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

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

  • Jurisprudence judicial mechanism

    MICT - Protais Mpiranya

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

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

  • Jurisprudence judicial mechanism

    East Timor - Marcelino Leto Bili Purificasao ("Gonsalves et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    East Timor
    Keywords
    Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1016/Gonsalves-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Marcelino Leto Bili Purificasao
    Charges
    Purificasao was charged in the indictment of 12 June 2002 with several crimes, including one count of rape as a crime against humanity (Section 5.1(g) of the UNTAET Regulation 2000/15) under Section 14 of the UNTAET Regulation 2000/15 (individual criminal responsibility). The widespread and systematic attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters. The accused has never been found. At large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    B0-84-99-SC

  • Jurisprudence judicial mechanism

    East Timor - Paulo Gonsalves ("Gonsalves et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    East Timor
    Keywords
    Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1016/Gonsalves-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Paulo Gonsalves
    Charges
    Gonsalves was charged in the indictment of 12 June 2002 with several crimes, including four counts of rape as a crime against humanity (Section 5.1(g) of the UNTAET Regulation 2000/15) under Section 14 of the UNTAET Regulation 2000/15 (individual criminal responsibility). The widespread and systematic attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters. The accused has never been found. At large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    B0-84-99-SC

  • Jurisprudence judicial mechanism

    East Timor - Rosalino Pires ("Gonsalves et al.")

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    East Timor
    Keywords
    Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1016/Gonsalves-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Rosalino Pires
    Charges
    Pires was charged (in the indictment of 12 June 2002) with several crimes, including one count of rape as a crime against humanity (Section 5.1(g) of the UNTAET Regulation 2000/15) under Section 14 of the UNTAET Regulation 2000/15 (individual criminal responsibility). The widespread and systematic attack was allegedly conducted by militia group Halilintar Merah Putih in the period between February and October 1999 against members of the civilian population in the subdistrict of Atabae who were suspected of supporting independence. The attack allegedly involved abductions, beatings, and rape of women who supported independence from Indonesia, or of women whose men were pro-independence supporters. The accused has never been found. At large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    B0-84-99-SC

  • Jurisprudence judicial mechanism

    East Timor - Egidio Manek et al.

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Aiding and Abetting Definition of Rape Consent Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1061/Manek-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Egidio Manek et al.
    Charges
    Of the 14 indicted, four individuals were charged with rape as a crime against humanity (Section 5(1)(g) UNTAET Regulation 2000/15), namely Egidio Manek (Deputy Commander), Olivio Tatoo Bau (member of the Laksaur militia, Tilomar/Salele), Americo Bau (or Mali) (idem), and Gabriel Nahak (member of the Laksaur militia, Leogore, Suai Kota). All under Section 14 UNTAET Regulation 2000/15 (committing, ordering, soliciting or inducing, aiding, abetting or otherwise assisting). However, the indictment never led to any trial before a court in East Timor, owing to the continued absence of the accused from the country. Accused at large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    09/CG/TDD/2003

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