Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 17 of 17 results.
  • Jurisprudence judicial mechanism

    ICC - Simone Gbagbo

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

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

  • Jurisprudence judicial mechanism

    ICC - Sylvestre Mudacumura

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

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

  • Jurisprudence judicial mechanism

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

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    Accused at large Lord’s Resistance Army (LRA)

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Vincent Otti
    Charges
    The arrest warrant against Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen was initially unsealed on 13 October 2005; they are/were all commanders of the Lord’s Resistance Army (LRA) in northern Uganda, whose cases were joint (Lukwiya and Odhiambo have been removed from the case (they were not charged with sexual violence) due to their alleged deaths and Ongwen’s case has been severed from this case due to his transfer to the ICC for trial). Otti faces a total of 32 counts of war crimes and crimes against humanity, including: - Inducing rape as a war crime (article 8(2)(e)(vi)); - Sexual enslavement as a crime against humanity. All under Article 25(3)(b).
    Status
    2778
    Case number
    ICC-02/04-01/05

  • Jurisprudence judicial mechanism

    ICTR transfer - Aloys Ndimbati

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Forced Nudity Sexual Mutilation Killings

    Reference link
    http://www.unmict.org/en/cases/mict-12-14
    Type of mechanism
    Domestic court
    Name of accused
    Aloys Ndimbati
    Charges
    Ndimbati is charged with sexual violence crimes (on the basis of the second amended indictment of 8 May 2012) as follows: - Genocide under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Complicity in genocide under Article 6(1) (direct responsibility) (JCE I). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern the: (i) instruction and prompting by Ndimbati (and Musema) of Interahamwe, who were among the Gisovu tea factory workers, to rape and kill a Tutsi woman by the name Annociata Mujawayezu and her son. As Annonciata’s son cried, he instructed the same Interahamwe to cut off Annociata’s breast and give it to her son in order to make him stop crying. Therafter she was raped and then killed, together with her son; (ii) taking aside of Adele Nyiramayombo near a road going to the Bisesero hills and telling her to undress. When Adele Nyiramayombo resisted, he slapped her and threatened to kill her. She finally gave up and undressed herself. Ndimbati then raped her for about 15 minutes in the presence of the Interahamwe in an open place. Meanwhile Alfred Musema raped Dancile Mukangemanyi not far from Ndimbati. After raping the women, they instructed and prompted the Twa Interahamwe to take Adele Nyiramayombo, Dancile Mukangemanyi and Azarias Munyampama away and kill them. They left with the third woman, Gaudance Mukankundiye, saying that they would rape her later. Adele Nyiramayombo and Dancile Mukangemunyi were then killed by the Twa Interahamwe as instructed and prompted by Ndimbati and Musema. Azarias Munyampama survived.
    Status
    2778
    Case number
    MICT-12-14

  • 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

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