Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 67 results.

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Radic ("Mrksic et al.")

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Sexual Violence as Genocide

    Reference link
    http://www.icty.org/cases/party/748/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Miroslav Radic ("Mrksic et al.")
    Charges
    Radic was charged with: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence. - Persecution as a crime against humanity under Article 7(1) (JCE), which included rapes and sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs.
    Trial chamber verdict
    Radic was found not guilty by the Trial Chamber on 27 September 2007 of: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3); - Persecution as a crime against humanity under Article 7(1) (JCE). In fact, Radic was acquitted by the Trial Chamber of all charges against him, thus also the sexual violence charges, on 27 September 2007.
    Status
    2715
    Case number
    IT-95-13/1

  • Jurisprudence judicial mechanism

    ICTY - Radoslav Brdanin

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Persecution on Sexual Grounds Kunarac Stakic Specific Intent

    Reference link
    http://www.icty.org/cases/party/673/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radoslav Brdanin
    Charges
    Brdanin was charged with: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting) for rapes and sexual assaults of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992 (the sexual violence was incorporated under torture as persecution). - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting), which included rapes of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992. - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3), which included rapes and sexual assault of Bosnian Muslim and Bosnian Croat detainees in various camps and detention facilities.
    Trial chamber verdict
    Brdanin was found guilty on 1 September 2004 of: - Persecution as a crime against humanity under Article 7(1) (aiding and abetting); - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (aiding and abetting). Brdanin was found not guilty of: - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Articles 7(1) and 7(3). He was found not guilty for genocide since the specific intent for genocide could not be established.
    sentencing
    Brdanin was sentenced by the Appeals Chamber to 30 years’ imprisonment on 3 April 2007 (for other charges).
    Appeals chamber verdict
    On 3 April 2007, the Appeals Chamber reversed the convictions for sexual violence – i.e. persecution as a crime against humanity and torture as a grave breach of the Geneva Conventions of 1949 as a war crime – as it could not be established that Brdanin’s conduct constituted either encouragement or moral support to the camp personnel (aiding and abetting) that had a substantial effect on the commission of torture.
    Status
    2715
    Case number
    IT-99-36

  • Jurisprudence judicial mechanism

    ICTR - Andre Rwamakuba

    Year
    2006
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Severance of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44c
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Andre Rwamakuba
    Charges
    When Rwamakuba was jointly indicted with three co-Accused, all were charged with conspiracy to commit genocide, direct and public incitement to genocide, genocide, or alternatively complicity in genocide, rape and extermination as crimes against humanity, and serious violations of Article 3 Common to the Geneva Conventions under Articles 6(1) and 6(3).
    Trial chamber verdict
    The Prosecution requested a severance of the trial and then charged Rwamakuba with genocide, complicity in genocide, and murder and extermination as crimes against humanity; thus no longer with sexual violence. Rwamakuba is acquitted on all counts on 20 September 2006.
    Status
    2715
    Case number
    ICTR-98-44C

  • Jurisprudence judicial mechanism

    ICTR - Jean Mpambara

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Genocidal Rape Hutu Tutsi Joint Criminal Enterprise (JCE) Aiding and Abetting

    Reference link
    http://www.unictr.org/en/cases/ictr-01-65
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean Mpambara
    Charges
    Mpambara was charged with the following sexual violence crimes: Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 6(1) (aiding and abetting by omission or, alternatively, JCE III) for acts of sexual violence committed against Tutsi women between 6 and 16 April 1994, including: (i) the rape of a Tutsi woman by two attackers in Gahini sector, in Rukara commune, on or about 8 April 1994; (ii) the rape of a pregnant Hutu woman married to a Tutsi man by multiple attackers in Nyawera sector, in Rukara commune, on or about 11 April 1994; and (iii) the rapes of a number of Tutsi women by soldiers during the attacks on Rukara parish between 7 and 16 April 1994.
    Trial chamber verdict
    Mpambara was found not guilty of all charges by the Trial Chamber on 12 September 2006, thus including sexual violence, and was acquitted.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittal.
    Status
    2715
    Case number
    ICTR-01-65

  • Jurisprudence judicial mechanism

    ICTR - Samuel Imanishimwe ("Ntagerura et al.")

    Year
    2006
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Withdrawal of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-46
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Samuel Imanishimwe
    sentencing
    Imanishimwe was sentenced to 12 years’ imprisonment on 7 July 2006 (for other charges).
    Status
    2715
    Case number
    ICTR-99-46

  • Jurisprudence judicial mechanism

    ICTY - Blagoje Simic ("Simic et al.")

    Year
    2006
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Acquittal Forced Oral Sex Forced Nudity Rape with Foreign Objects Urination

    Reference link
    http://www.icty.org/cases/party/779/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Blagoje Simic (“Simic et al.”)
    Charges
    Persecution as a crime against humanity under Article 7(1) (JCE I), which included sexual assaults of detainees (constituting beatings and torture) of Bosnian Croat, Bosnian Muslim and non-Serb civilians in the municipality of Bosanski Samac.
    Trial chamber verdict
    Simic was found guilty by the Trial Chamber on 17 October 2003 of persecution as a crime against humanity under Article 7(1) (JCE I).
    sentencing
    Simic was sentenced by the Appeals Chamber to 15 years’ imprisonment on 28 November 2006 (for other charges).
    Appeals chamber verdict
    Although Simic was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 November 2006, with Judge Mohamed Shahabuddeen and Judge Wolfgang Schomburg dissenting.
    Status
    2715
    Case number
    IT-95-9

  • Jurisprudence judicial mechanism

    Iraqi High Tribunal - Muhammad Azzawi Ali al-Marsumi ("Saddam Hussein Al Majeed et al.")

    Year
    2006
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Iraq
    Keywords
    Acquittal Stigmatization Threat of Rape Use of Euphemistic Language

    Reference link
    http://www.internationalcrimesdatabase.org/Case/187
    Type of mechanism
    Domestic court
    Name of mechanism
    Iraqi High Tribunal (IHT)
    Name of accused
    Muhammad Azzawi Ali al-Marsumi
    Charges
    Al-Marsumi was indicted (on 31 July 2005) for different charges of crimes against humanity, including torture (based on the Rome Statute provision) by aiding and abetting the senior defendants’ (Hussein, Hassan and Ramadan) joint criminal enterprise, which seemed to include sexual violence as found in the factual findings in the Judgement. The indictment was based on the response of the President and his staff on the July 1982 event. In July 1982, a convoy carrying Saddam Hussein was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions. Many rapes and other forms of sexual violence committed against women took place in detention.
    Trial chamber verdict
    On 5 November 2006, al-Marsumi was acquitted on the request of the Prosecution (all the other co-accused in this case were convicted, including six for sexual violence).
    Status
    2715
    Case number
    1/E First/2005

  • Jurisprudence judicial mechanism

    ICTR - Jean de Dieu Kamuhanda

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Inhuman Treatment Genocidal Rape

    Reference link
    http://www.unictr.org/en/cases/ictr-99-54a
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean de Dieu Kamuhanda
    Charges
    Rape as a crime against humanity, other inhumane acts as crimes against humanity, outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes and violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) and 6(3) (command responsibility), for the rapes of Tutsi women committed during various attacks, including on the school in Kikomero, in Kigali-rural prefecture, on or about 12 April 1994.
    Trial chamber verdict
    The Trial Chamber on 22 January 2004 found Kamuhanda not guilty of all sexual violence charges. The Trial Chamber held that there was insufficient evidence of the alleged sexual violence.
    sentencing
    Kamuhanda was sentenced to life imprisonment on 19 September 2005.
    Appeals chamber verdict
    The Prosecution did not appeal Kamuhanda’s acquittals for the sexual violence crimes.
    Status
    2715
    Case number
    ICTR-99-54A

  • Jurisprudence judicial mechanism

    ICTR - Juvenal Kajelijeli

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Other Inhumane Acts Command Responsibility

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44a
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Juvenal Kajelijeli
    Charges
    The sexual violence charges were charged as:- Conspiracy to commit genocide for causing serious bodily or mental harm under Articles 6(1) (direct responsibility) and 6(3) (command responsibility).- Rape as a crime against humanity; - Persecution as a crime against humanity; - Other inhumane acts as crimes against humanity
    Trial chamber verdict
    Kajelijeli was found not guilty by the Trial Chamber (on 1 December 2003) of: - Conspiracy to commit genocide for causing serious bodily or mental harm - Rape as a crime against humanity; according to the Trial Chamber, the Prosecution had failed to prove Kajelijeli’s responsibility beyond a reasonable doubt under either Article 6(1) or 6(3), with Judge Ramaroson dissenting.- Persecution as a crime against humanity; this count was withdrawn by the Chamber on the request of the Prosecution during the closing arguments. The Prosecution chose to withdraw the charge due to insufficient evidence.- Other inhumane acts as crimes against humanity; according to the Trial Chamber, the Prosecution had failed to prove Kajelijeli’s responsibility beyond a reasonable doubt under either Article 6(1) or 6(3), with Judge Ramaroson dissenting.
    sentencing
    Kajelijeli received a sentence of 45 years’ imprisonment on 23 May 2005.
    Appeals chamber verdict
    Kajelijeli’s acquittal for the sexual violence crimes was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-44A

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Kvocka (“Kvocka et al.”)

    Year
    2005
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Akayesu Cumulative Conviction Extended Joint Criminal Enterprise Forced to watch Rape Forced Nudity Foreseeable Consequence Mental Harm Persecution on Sexual Grounds Kunarac

    Reference link
    http://www.icty.org/cases/party/722/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Miroslav Kvocka (“Kvocka et al.”)
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp; - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    Trial chamber verdict
    Kvocka was found guilty by the Trial Chamber on 2 November 2001 of: - Persecution as a crime against humanity. Kvocka was found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs detained in Omarska camp.
    sentencing
    Kvocka was sentenced by the Appeals Chamber to 7 years’ imprisonment on 28 February 2005 (for other charges).
    Appeals chamber verdict
    Although Kvocka was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 February 2005.
    Status
    2715
    Case number
    IT-98-30/1

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