Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 61 to 67 of 67 results.

  • Jurisprudence judicial mechanism

    ICC - Callixte Mbarushimana

    Year
    2012
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040110/Pages/icc01040110.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Callixte Mbarushimana
    Charges
    Mbarushimana was charged in a warrant of arrest of 28 September 2010 with crimes against humanity and war crimes to have been committed in the provinces of North and South Kivu in the DRC, including: - Rape as a crime against humanity; - Rape as a war crime (Article8(2)(b)(xxii) or 8(2)(e)(vi)). Both for having committed these acts of rape in the villages of Busheke in Kalehe territory, South Kivu; Miriki in Lubero territory, North Kivu; Pinga in Masisi territory, North Kivu; Remeka in Ufamandu groupement, Walikale territory, North Kivu; Busurungiin Walikale territory, North Kivu; and Manjein Masisi territory, North Kivu). Both under Article 25(3)(d). On 16 December 2011, Pre-Trial Chamber I decided by majority to decline to confirm the charges against Mbarushimana as there was not sufficient evidence to establish substantial grounds to believe that he could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for the counts of war crimes and crimes against humanity charged. Mbarushimana was released from the ICC’s custody on 23 December 2011.
    Appeals chamber verdict
    On 30 May 2012, the Appeals Chamber decided unanimously to dismiss the Prosecution’s appeal against the decision of Pre-Trial Chamber I, declining to confirm the charges against Mbarushimana. The OTP is considering whether it can bring a new case against Mbarushimana.
    Status
    2715
    Case number
    ICC-01/04-01/10

  • Literature

    Human Rights Watch - Justice on Trial: Lessons from the Minova Rape Case...

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sentencing and Reparations
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Accountability Impunity Camp War Crimes Acquittal

    Reference link
    https://www.hrw.org/sites/default/files/report_pdf/drc1015_4up_0.pdf
    Full reference
    Human Rights Watch, Justice on Trial: Lessons from the Minova Rape Case in the Democratic Republic in Congo, Human Rights Watch, 2015.
    Type of literature
    Grey Literature
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence, Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Human Rights Watch

  • Jurisprudence judicial mechanism

    District Court of The Hague - Joseph Mpambara

    Year
    2011
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Netherlands, Rwanda
    Keywords
    Acquittal Corroboration Lack of Jurisdiction Nexus with Armed Conflict

    Reference link
    http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHSGR:2011:BR0686
    Type of mechanism
    District Court
    Name of accused
    Joseph Mpambara
    Charges
    Mpambara was charged with multiple crimes, including: - Rape as a war crime for the raping and attempting to rape a number of women.
    Trial chamber verdict
    On 23 March 2009, the District Court of The Hague convicted Mpambara of complicity in torture, but dismissed charges of war crimes, including rape (no sufficient link between his acts and an armed conflict was established) and genocide (due to a lack of jurisdiction).
    sentencing
    Mpambara was initially sentenced to 20 years' imprisonment, however, this was increased to life imprisonment by the Court of Appeal.
    Appeals chamber verdict
    On 7 July 2011, the Court of Appeal, however, disagreed and found that a sufficient link between his acts and an armed conflict was established. Mpambara was therefore found guilty, in addition to torture, of war crimes and sentenced to life imprisonment. However, there were no convictions for the two rape charges. The Prosecution had not appealed the rape charge and/or the Court of Appeal held that there was not sufficient evidence to sustain the rape claims (no corroboration).
    Status
    2715
    Case number
    22-002613-09

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Zeljko Lelek

    Year
    2009
    Issues
    Modes of Liability
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Cigarette Burns Female Genital Cutting Genitalia Accomplice Psychological Impact

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1048
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Zeljko Lelek
    Charges
    Lelek was charged on 16 November 2006 (confirmed on 20 November 2006) with persecution as a crime against humanity, including rape (Article 172(1)(h) read with subparagraph (g) of the Criminal Code of BiH), under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility) of the Criminal Code of BiH, for committing rape and other crimes in the area of the Višegrad Municipality against the Bosniak civilian population of the Višegrad Municipality in the period between April and June 1992. According to the indictment, in this period, together with Milan Lukic, Lelek raped a female person, who had been stripped naked and tied to the metal bed frame by an unidentified soldier, on orders from Milan Lukic. Lelek and Lukic allegedly abused the woman physically by putting out cigarettes on her body, stabbing her with a knife and cutting her in the genital area, while subjecting her to psychological abuse. The indictment further alleges that the Accused and others raped this person on daily basis over a period of ten days during which she was held captive. During the month of June 1992, the Accused allegedly raped several other women who were held in unlawful captivity.
    Trial chamber verdict
    On 23 May 2008, the Court handed down its first-instance verdict finding Lelek guilty of persecution as a crime against humanity, including rape. Lelek was found guilty of using force to coerce Bosniak women to sexual intercourse and other forms of severe sexual violence. Lelek was, however, acquitted of the charges that he, on an unspecified date in the summer of 1992, in a group with Mitar Vasiljevic and three other unidentified men, raped two Bosniak women in the Vilina vlas spa in April and June 1992 because based on the evidence adduced before the Court it could not be established that Lelek committed the crimes in question.
    sentencing
    Lelek was sentenced to 16 years’ imprisonment after the Appellate Panel revised his sentence.
    Appeals chamber verdict
    On 12 January 2009 the Appellate Panel modified the first-instance verdict in its sentencing part. Lelek was subsequently sentenced to 16 years’ imprisonment. The conviction was upheld.
    Status
    2715
    Case number
    (X-KRŽ-06/202)

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Mladen Drljaca ("Gojko Klickovic et al.")

    Year
    2013
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Insufficient Evidence Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=130&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Mladen Drljaca
    Charges
    Drljaca was charged, in the amended indictment of 21 August 2008, with persecution as a crime against humanity of the Muslim population in Bosanska Krupa (Article 172(1)(h) of the Criminal Code of BiH) in connection with several crimes, including rape (Article 172(1)(g) and 173(1)(e)) under the JCE.
    Trial chamber verdict
    On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted Drljaca on all charges, because, according to the Trial Chamber, the Prosecutor’s Office had failed to establish the existence of a widespread or systematic attack against non-Serb civilians in the municipality of Bosanska Krupa. Other reasons for the acquittal included the growing number of witnesses who had died, moved abroad or who were reluctant to testify, as well as the vague statements of the witnesses who testified. A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor’s Office and annulled the 5 November 2010 verdict.
    Appeals chamber verdict
    On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court again acquitted Drljaca of the crimes against humanity charges on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense he was charged with. Note: Drljaca was charged in this case together with Klickovic and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Gojko Klickovic ("Gojko Klickovic et al.")

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=74&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Gojko Klickovic
    Charges
    Klickovic was charged with, in the amended indictment of 21 August 2008, persecution as a crime against humanity of the Muslim population in Bosanska Krupa (Article 172(1)(h) of the Criminal Code of BiH) in connection with several crimes, including rape (Article 172(1)(g) and 173(1)(e)) under the JCE.
    Trial chamber verdict
    On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted Klickovic on all charges because, according to the Trial Chamber, the Prosecutor’s Office had failed to establish the existence of a widespread or systematic attack against non-Serb civilians in the municipality of Bosanska Krupa. Other reasons for the acquittal included the growing number of witnesses who had died, moved abroad or who were reluctant to testify, as well as the vague statements of the witnesses who testified. A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor’s Office and annulled the 5 November 2010 verdict.
    Appeals chamber verdict
    On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court again acquitted Klickovic of the crimes against humanity charges on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense he was charged with. Note: Klickovic was charged in this case together with Drljaca and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

  • Literature

    Buss, Doris E. - Learning Our Lessons?...

    Year
    2010
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accountability Conviction Acquittal Prosecution

    Reference link
    https://www.routledge.com/Rethinking-Rape-Law-International-and-Comparative-Perspectives/McGlynn-Munro/p/book/9780203852194
    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, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Buss, Doris E.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

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