Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 67 results.

  • Jurisprudence judicial mechanism

    ICTR - Ildephonse Nizeyimana

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

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55c
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Ildephonse Nizeyimana
    Charges
    The charges concerned:Causing serious bodily or mental harm as genocide, rape as a crime against humanity and rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Articles 6(1) and 6(3) for: (i) ordering FAR soldiers, gendarmes and officers stationed at both Ngoma Camp and ESO to rape tutsi women and for the subsequent rapes (ordering); and for (ii) ordering or instigating soldiers from the FAR, ESO, Ngoma Camp, Butare Gendarmerie Camp and Interahamwe militia to rape Tutsi women at Butare Hospital, Butare University and at various locations in Butare prefecture, including the residence of Rosalie Gicanda, and for the subsequent rapes, including the multiple rapes and gang-rapes of MKA, ZBL, BUQ, BJW and DCO (ordering or instigating).
    Trial chamber verdict
    Although Nizeyimana was charged with sexual violence crimes, the Trial Chamber (on 19 June 2012) held that no factual allegations supporting Nizeyimana’s liability for these crimes had been proven. Therefore, the counts were dismissed.
    sentencing
    Nizeyimana was sentenced to 35 years’ imprisonment on 29 September 2014 (for other charges).
    Appeals chamber verdict
    The Prosecution partly appealed these findings on sexual violence. However, the Appeals Chamber found that the Prosecution had failed to show that the Trial Chamber erred in finding that the perpetrators of the rapes at Butare Hospital were not sufficiently identified as ESO soldiers and, therefore, that it could not hold Nizeyimana liable as a superior on this basis. For these reasons, the Appeals Chamber needed not to consider the Prosecution’s arguments on whether Nizeyimana failed to prevent or punish his subordinates for the rapes committed at Butare Hospital. Based on the foregoing, the Appeals Chamber dismissed the Prosecution’s ground of Appeal.
    Status
    2715
    Case number
    ICTR-00-55C

  • Jurisprudence judicial mechanism

    ICTR - Innocent Sagahutu (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
    Innocent Sagahutu
    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
    Sagahutu was found not guilty by the Trial Chamber (on 17 May 2011)for the sexual violence charges.
    sentencing
    Sagahutu was sentenced to 15 years’ imprisonment on 11 February 2014 by the Appeals Chamber (for other charges).
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.
    Status
    2715
    Case number
    ICTR-00-56

  • Jurisprudence judicial mechanism

    ICTR - Jean Baptiste Gatete

    Country
    Rwanda
    Keywords
    Acquittal Genocide Tutsi 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
    Jean Baptiste Gatete
    Charges
    Genocide and rape as a crime against humanity under Article 6(1) for: (i) transporting a convoy of armed Interahamwe to Akarambo cellule where he ordered, commanded or incited the Interahamwe to rape Tutsi civilians during the morning of 7 April 1994 and for the subsequent rape of Witness BAT at her house in Akarambo by two Interahamwe on or about 8 April 1994 and the rape of AVO on or about 9 April 1994 as a result of his actions; (ii) inciting the local population in Rwandkuba to rape Tutsi civilians on or about 7 April 1994; (iii) ordering, supervising and participating in the rapes of Tutsi civilians at Kiziguro parish complex on or about 11 April 1994; (iv) transporting armed soldiers and Interahamwe to Mukarange parish, where Tutsis were raped as a result of his actions on or about 10 to 11 April 1994; (v) commanding the Interahamwe to rape Tutsi women at Kayonza commune office on or about 10 to 15 April 1994 and for the subsequent rapes as a result of his actions; (vi) ordering and instigating Interahamwe to rape Tutsis in Nyarusage, Nkamba and Giparara sectors and for the subsequent rapes as a result of his actions; and (vii) ordering the Interahamwe to rape Tutsis in Rukira commune in mid to late April 1994 and for the subsequent rapes as a result of his actions.
    Trial chamber verdict
    The Trial Chamber (on 31 March 2011) found Gatete to be not guilty of the sexual violence charges.
    sentencing
    Gatete was sentenced to 40 years’ imprisonment on 9 October 2012 (for other charges).
    Appeals chamber verdict
    The prosecution did not appeal the sexual violence crimes.
    Status
    2715
    Case number
    ICTR-00-61

  • 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 - 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 - Jerome Bicamumpaka (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Insufficient Evidence War Crimes Rape as Crime Against Humanity

    Reference link
    http://www.unictr.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jerome Bicamumpaka
    Charges
    Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
    Trial chamber verdict
    The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Bicamumpaka 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
    Bicamumpaka was acquitted by the Trial Chamber (on 30 September 2011) on all counts.
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

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

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Insufficient Evidence Outrages upon Personal Dignity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Justin Mugenzi
    Charges
    Mugenzi was charged in the indictment with:Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).However, the charges were not substantiated with material facts related to the sexual violence.
    Trial chamber verdict
    Mid-trial, in 2005, Mugenzi was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugenzi was acquitted by the Trial Chamber (on 30 September 2011) on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
    Appeals chamber verdict
    Mugenzi was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • 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

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

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Insufficient Evidence Outrages upon Personal Dignity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Prosper Mugiraneza
    Charges
    Mugiraneza was charged in the indictment with:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
    Trial chamber verdict
    The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Mugiraneza was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugiraneza was acquitted by the Trial Chamber on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
    Appeals chamber verdict
    Mugiraneza was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • 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

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