Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 40 of 67 results.

  • Jurisprudence judicial mechanism

    ICTR - Simeon Nchamihigo

    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Acquittal Castration Inhuman Treatment Sexual Violence against Men/Boys Genitalia

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-63
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simeon Nchamihigo
    Charges
    Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) (ordering or instigating) for ordering or instigating Interahamwe to remove the genitals of a Tutsi man called Jean-Fidele Murekezi before killing him near Cyangugu prison on or about 16 April 1994.
    Trial chamber verdict
    No evidence was led on the charge (on the removal of body parts or organs) against Nchamihigo. Nchamihigo was therefore found not guilty by the Trial Chamber (on 12 November 2008) of other inhumane acts as crimes against humanity (and the matter was not part of the Appeal Judgment).
    sentencing
    Nchamihigo was sentenced to 40 years’ imprisonment on 18 March 2010.
    Status
    2715
    Case number
    ICTR-01-63

  • Jurisprudence judicial mechanism

    ICTR - Simon Bikindi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Complicity Genocidal Rape Insufficient Evidence Tutsi

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-72
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simon Bikindi
    Charges
    Bikindi was charged with sexual violence crimes - i.e. causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (ordering, instigating or aiding and abetting) and Article 6(3) (command responsibility) or, in the alternative, complicity in genocide under Article 6(1) (ordering, instigating or aiding and abetting) for, inter alia, rapes and acts of sexual violence committed by Interahamwe under his effective control against Tutsi women (including the rape of a woman named Ancilla), in the course of the execution of his orders to kill all Tutsi in Rubavu area.
    Trial chamber verdict
    The Trial Chamber (on 2 December 2008) held that Bikindi was not guilty thereof as the Prosecution had not proven these charges beyond reasonable doubt.
    sentencing
    Bikindi received a sentence of 15 years’ imprisonment on 18 March 2010 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber dismissed all of Bikindi's grounds of appeal.
    Status
    2715
    Case number
    ICTR-01-72

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Muvunyi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Insufficient Evidence Tutsi Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Muvunyi
    Charges
    Muvunyi was charged with sexual violence, i.e. rape as a crime against humanity under Article 6(3) (command responsibility).
    Trial chamber verdict
    The Trial Chamber found Muvunyi not guilty under this charge (on 12 September 2006). The Chamber held that the evidence heard that soldiers from ESO Camp committed rape did not support the specific allegation in the indictment that soldiers from Ngoma Camp committed rape and therefore it would be prejudicial and unfair to hold this evidence against Muvunyi.
    sentencing
    Muvunyi was sentenced to 15 years on 1 April 2011 (for other charges).
    Appeals chamber verdict
    Although the Prosecution challenged Muvunyi’s acquittal for rape as a crime against humanity, the Appeals Chamber (on 29 August 2008) dismissed the Prosecution’s ground of appeal. The Appeals Chamber held that: 1) the Trial Chamber did not err in law by finding that it would be prejudicial to consider the evidence of rape by ESO Camp soldiers in light of the rape allegation in the indictment; 2) even if the defect in the indictment could have been remedied, the Appeals Chamber is not satisfied that the Prosecution provided timely, clear, and consistent information of this new material fact to Muvunyi.
    Status
    2715
    Case number
    ICTR-00-55

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Renzaho

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Deficit in Pleading Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-97-31
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Renzaho
    Charges
    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 Article 6(3) (command responsibility) for his failure to prevent the rapes of Witnesses AWO, AWN and Witness AWN’s sister.
    Trial chamber verdict
    Renzaho was found guilty by the Trial Chamber (on 14 July 2009) for the sexual violence crimes.
    sentencing
    Renzaho received a sentence of life imprisonment on 1 April 2011 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber reversed the above convictions (on 1 April 2011), because it found that Renzaho’s reason to know of the rapes of Witness AWO, Witness AWN and Witness AWN’s sister was not pleaded in the indictment nor communicated by the Prosecution in a manner sufficient to give notice to Renzaho and that he was materially prejudiced by this defect.
    Status
    2715
    Case number
    ICTR-97-31

  • Jurisprudence judicial mechanism

    ICTR transfer - Wenceslas Munyeshyaka

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda, France
    Keywords
    Acquittal Aiding and Abetting Interahamwe In Absentia Priest

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of accused
    Wenceslas Munyeshyaka
    Charges
    In the indictment of 2005, he was charged with: - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for (i) (aiding and abetting) an Interahamwe to rape HH a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish; (ii) (aiding and abetting) an Interahamwe to rape BFY a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish; (iii) (committing) rape on GG a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish in Kigali city; (iv) (committing) rape on BB a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish in Kigali city; (v) (committing) rape on EE, a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, Kigali city. - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: (i) (committing) rape on GG a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish in Kigali city; (ii) (aiding and abetting) an Interahamwe to rape a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille Parish, in Kigali city; (iii) (aiding and abetting) an Interahamwe to rape a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille parish, in Kigali city; (iv) (committing) rape on a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille Parish in Kigali city; (v) (committing) rape on EE, a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, Kigali city; (vi) (committing) rape on FF a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish in Kigali city. In addition, planning and joint criminal enterprise III are also mentioned in the indictment, in more general terms.
    Status
    2778
    Case number
    MICT-13-45

  • Jurisprudence judicial mechanism

    ICTR-Imanishimwe (Ntagerura et al. “Cyangugu”)

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

    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
    Charges
    In 1999, charges on sexual violence were withdrawn even before the start of the trial. The Prosecutor withdrew the rape amendment of the indictment, which had yet to be ruled over by the Judges. In October and November of 2000, however, evidence of rape and other sexual violence was brought forth in the case following testimonies of two prosecution witnesses. In February 2001, an amicus curiae brief was filed by the Coalition for Women’s Human Rights in Armed Conflict Situations, asking the court to invite the prosecutor to consider amending the indictment by adding charges of rape and sexual violence. After receiving the brief, 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.
    Trial chamber verdict
    The Chamber refused to grant leave to file the amicus curiae Brief.
    sentencing
    Imanishimwe was sentenced to 12 years’ imprisonment on 7 July 2006.
    Status
    2715
    Case number
    ICTR-99-46

  • Jurisprudence judicial mechanism

    ICTY - Berislav Pusic ("Prlic et al.")

    Year
    2017
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Acquittal Extended Joint Criminal Enterprise Foreseeable Consequence

    Reference link
    http://www.icty.org/cases/party/766/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Berislav Pusic
    Charges
    Pusic was charged with: - Persecution as a crime against humanity under Article 7(1) (JCE III); - Rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) and 7(3) (command responsibility).
    Trial chamber verdict
    Pusic was found not guilty by the Trial Chamber on 29 May 2013 for both the sexual violence charges stipulated above. For the persecution charge, the Trial Chamber could not find beyond reasonable doubt that Pusic could have foreseen the sexual abuse during eviction operations. Judge Antonetti dissenting for the rape as a crime against humanity and war crime charge.
    sentencing
    Pusic was sentenced by the Trial Chamber to 10 years’ imprisonment on 29 May 2013 (for other charges). This sentence was subsequently affirmed by the Appeals Chamber.
    Appeals chamber verdict
    On 29 November 2017, the Appeals Chamber in its judgment dismissed Pusic’s appeal in its entirety although it reversed three previous convictions against him on other grounds.
    Status
    2715
    Case number
    IT-04-74

  • 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

    ICTY - Dario Kordic (“Kordic & Cerkez”)

    Year
    2004
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Unclear Indictment

    Reference link
    http://www.icty.org/cases/party/705/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dario Kordic (“Kordic & Cerkez”)
    Charges
    - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) for the sexual assault of Witness TW21 in Vitez in April 1993, the rape in Nadioci, and the rape of Adina Jusic. - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
    Trial chamber verdict
    Kordic was found guilty by the Trial Chamber on 26 February 2001 of: - Inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime. Kordic was found not guilty by the Trial Chamber of: - Persecution as a crime against humanity; - Wilfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime; - Violence to life and person as a violation of the laws or customs of war as a war crime; - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime (another count than the one cited above); and - Cruel treatment as a violation of the laws or customs of war as a war crime.
    sentencing
    Kordic was sentenced by the Appeals Chamber to 25 years’ imprisonment on 17 December 2004 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber reversed Kordic’s convictions for sexual violence on 17 December 2004 – i.e. inhumane acts as crimes against humanity and inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime – as it found that the incidents of sexual violence were not charged in the indictment or proved.
    Status
    2715
    Case number
    IT-95-14/2

  • Jurisprudence judicial mechanism

    ICTY - Dragoljub Ojdanic ("Sainovic et al.; previously Milutinovic et al.")

    Year
    2009
    Issues
    Modes of Liability Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Aiding and Abetting Definition of Sexual Assault Extended Joint Criminal Enterprise Foreseeable Consequence Kunarac Knowledge of the Crimes

    Reference link
    http://www.icty.org/cases/party/740/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragoljub Ojdanic ("Sainovic et al."; previously Milotinovic et al.)
    Charges
    Ojdanic was charged with: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) for deliberately creating an atmosphere of fear and oppression through, inter alia, sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians; and - Persecution as a crime against humanity under Article 7(1) and 7(3), which included sexual assaults by forces of the Federal Republic of Yugoslavia and Serbia of the Kosovo Albanian population.
    Trial chamber verdict
    Ojdanic was found not guilty by the Trial Chamber on 26 February 2009 of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity; - Persecution as a crime against humanity. With regard to deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity, the Trial Chamber found that, while the forcible displacements were part of the VJ and MUP organized campaign, it was not satisfied beyond reasonable doubt that sexual assaults were intended aims of this campaign. The Trial Chamber found that it was not proved that Ojdanic was aware that the VJ and MUP were going into some specific crime sites in order to commit sexual assaults and, therefore, the Trial Chamber found that the mental element of aiding and abetting was not established in relation to these crimes. Moreover, it did not find that information regarding the specific sexual assaults, for which it was provided that the VJ was responsible, was available to Ojdanic or that he had reason to know about them.
    sentencing
    Ojdanic was sentenced by the Trial Chamber to 15 years’ imprisonment on 26 February 2009 (for other charges). His sentence was not appealed.
    Status
    2715
    Case number
    IT-05-87

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