Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 67 results.

  • Jurisprudence judicial mechanism

    ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Aloys Ntabakuze
    Charges
    Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, 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 a war crime and 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 a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
    Trial chamber verdict
    Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
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    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Anatole Nsengiyumva
    Charges
    Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, 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 a war crime and 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 a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
    Trial chamber verdict
    Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • 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 - Augustin Ngirabatware

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Extended Joint Criminal Enterprise Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-54
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Augustin Ngirabatware
    Charges
    Rape as a crime against humanity under Article 6(1) (JCE III).
    Trial chamber verdict
    Ngirabatware was found guilty by the Trial Chamber (on 20 December 2012) for rape as a crime against humanity. The Trial Chamber held that based on the totality of the evidence, it was satisfied beyond reasonable doubt that at the time Ngirabatware distributed weapons to the Interahamwe, including members of the JCE, and verbally encouraged them to kill Tutsis on 7 April 1994, Ngirabatware was aware of the possible consequence that those Interahamwe, including members of the JCE, might rape Tutsis as part of a widespread and systematic attack against the Tutsi population. By distributing the weapons, Ngirabatware significantly contributed to the JCE and demonstrated his willingness to take the risk that the rape of Tutsis, such as Chantal Murazemariya, would be committed. Accordingly, Ngirabatware was criminally responsible through a JCE in the extended form for the repeated rape of Chantal Murazemariya by Juma and Makuze in Nyamyumba commune in April 1994 as a crime against humanity. [Note that the rapes of Bonishance and Denise Nyirabunori - also charged in the indictment - were not established on the basis of the evidence presented by the Prosecution according to the Trial Chamber]
    sentencing
    Ngirabatware was sentenced to 30 years’ imprisonment on 18 December 2014 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber, however, acquitted Ngirabatware for this crime (on 18 December 2014). It observed that Ngirabatware’s contribution to the common purpose to exterminate the Tutsi civilian population was essential for establishing his responsibility for crimes committed beyond the common purpose, but which are nevertheless a natural and foreseeable consequence thereof. Since the Prosecution failed to prove Ngirabatware’s contribution to the common purpose of exterminating the Tutsi civilian population pleaded under Count 5 of the Indictment, Ngirabatware’s conviction for rape entered via the extended form of joint criminal enterprise under Count 6 of the Indictment cannot be sustained. For the foregoing reasons, the Appeals Chamber granted, in part, Ngirabatware’s Third Ground of Appeal, reversed his conviction for the rape of Chantal Murazemariya, and entered a verdict of acquittal under Count 6 of the Indictment.
    Status
    2715
    Case number
    ICTR-99-54

  • Jurisprudence judicial mechanism

    ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Casimir Bizimungu
    Charges
    Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
    Trial chamber verdict
    Mid-trial, in 2005, Bizimungu was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
    Appeals chamber verdict
    Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Bagambiki ("Ntagerura et al.")

    Year
    2004
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Withdrawal of Charges In Absentia Extradition

    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
    Emmanuel Bagambiki
    Status
    2715
    Case number
    ICTR-99-46

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Bagambiki (Ntagerura et al. “Cyangugu”)

    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Extradition

    Reference link
    http://www.unictr.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
    Emmanuel Bagambiki
    Charges
    Sexual violence and rape
    Trial chamber verdict
    The Chief Prosecutor announced that she would add charges of sexual violence in the indictment or bring a separate indictment on sexual violence crimes only, but the Chamber refused to grant leave to file the amicus curiae brief. Bagambiki was acquitted on 25 February 2004 (on all charges).
    Status
    2715
    Case number
    ICTR-99-46

  • Jurisprudence judicial mechanism

    ICTR - Francois-Xavier Nzuwonemeye (Ndindiliyimana et al. “Military II”)

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Humiliating and Degrading Treatment War Crimes Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-56
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Francois-Xavier Nzuwonemeye
    Charges
    Rape as a crime against humanity and rape, humiliating and degrading treatment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes committed by soldiers from the A squad of the Reconnaissance battalion, led by Sagahutu and under the command of Major Nzuwonemeye in the kiosks at the entrance of the hospital of Kigali during April, May and June 1994
    Trial chamber verdict
    Nzuwonemeye was found not guilty by the Trial Chamber (on 17 May 2011) for the sexual violence charges.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.The Appeals Chamber acquitted Nzuwonemeye on all counts on 11 February 2014.
    Status
    2715
    Case number
    ICTR-00-56

  • Jurisprudence judicial mechanism

    ICTR - Gratien Kabiligi (Bagasora et al. "Military I")

    Year
    2008
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Persecution on Sexual Grounds Tutsi Military

    Reference link
    http://unictr.irmct.org/en/cases/ictr-98-41
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Gratien Kabiligi
    Charges
    Kabiligi had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, 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 a war crime and 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 a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture; and (ii) the sexual assault of Prime Minister Agathe Uwilingiyimana.
    Trial chamber verdict
    Kabiligi was acquitted by the Trial Chamber on 18 December 2008 on all counts, thus including the sexual violence charges. The Trial Chamber did not find that he was directly involved in any of the specific criminal events alleged. In addition, the evidence did not show that his subordinates committed crimes when Kabiligi exercised effective control over them.
    Appeals chamber verdict
    The Prosecution did not appeal these sexual violence acquittals.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Idelphonse Hategekimana

    Year
    2012
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Genocidal Rape Tutsi Acquittal Command Responsibility Genocidal Intent

    Reference link
    http://www.unictr.org/en/cases/ictr-00-55b
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Idelphonse Hategekimana
    Charges
    - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rape of Nura Sezirahiga by a soldier from Ngoma Military Camp, during an attack led by Hategekimana.- Causing serious bodily or mental harm as genocide under Article 6(1) (JCE) for the sexual violence.
    Trial chamber verdict
    Hategekimana was found guilty by the Trial Chamber on 6 December 2010 of: - Rape as a crime against humanity Hategekimana was found not guilty by the Trial Chamber of: - Causing serious bodily or mental harm as genocide as the Trial Chamber found that the evidence did not establish that Nura Sezirahiga was a Tutsi or that she was raped with genocidal intent.
    sentencing
    Hategekimana was sentenced to life imprisonment.
    Appeals chamber verdict
    Hategekimana’s acquittal for genocide was not appealed by the prosecution. The Appeals Chamber on 8 May 2012 confirmed the conviction for sexual violence by the Trial Chamber.
    Status
    2715
    Case number
    ICTR-00-55B

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