Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 31 to 40 of 67 results.
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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
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 - 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
ICTY - Rasim Delic
- Year
- 2008
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Acquittal Unclear Indictment Detention Centers
- Reference link
- http://www.icty.org/cases/party/679/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Rasim Delic
- Charges
- Delic was charged with: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above.
- Trial chamber verdict
- Delic was found not guilty by the Trial Chamber on 15 September 2008 of: - Cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the sexual assault of Witnesses DRW-1, DRW-2 and DRW-3, detained at the Kamenica camp. The Trial Chamber held that these victims were subjected to sexual violence at the Vatrostalna facility, but not at the Kamenica camp, as was pleaded in the indictment. - Rape as a violation of the laws or customs of war as a war crime for the same crimes as above. However, for this charge Delic was already acquitted during trial on 26 February 2008. Both the Prosecution and Defense agreed to this and the Prosecution has even asked earlier on in the proceedings for a withdrawal of the charge.
- sentencing
- Delic was therefore sentenced by the Trial Chamber to 3 years’ imprisonment on 15 September 2008 (for other charges).
- Appeals chamber verdict
- During the appellate proceedings, on 16 April 2010, Delic died while on provisional release. On 29 June 2010, the Appeals Chamber terminated the appellate proceedings and ruled that Trial Chamber Judgement to be final.
- Status
- 2715
- Case number
- IT-04-83
-
Jurisprudence judicial mechanism
Oslo District Court - Mirsad Repak
- Year
- 2008
- Issues
- Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Norway
- Keywords
- Acquittal Domestic Law Humiliating and Degrading Treatment Rape/Sexual Violence in Detention Complicity Reparation Detention Centers Foreseeable Consequence
- Reference link
- http://www.internationalcrimesdatabase.org/Case/36
- Type of mechanism
- Domestic court
- Name of mechanism
- Oslo District Court
- Name of accused
- Mirsad Repak
- Charges
- Repak was charged with crimes against humanity and war crimes, which both included sexual violence (including of both women and men) under Article 97 of the Norwegian Constitution.
- Trial chamber verdict
- The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, including rape (paras. 158-164), but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992.
- sentencing
- Repak was sentenced to five years’ imprisonment.
- Appeals chamber verdict
- On 11 March 2010, the Norway Court of Appeal reduced Repak’s sentence from 5 to 4,5 years’ imprisonment. On 3 December 2010 the Supreme Court of Norway overturned the conviction against Repak and finally released him. The Supreme Court ruled that the Law on War Crimes of March 2008 could not be applied retroactively to acts committed in 1992. The Court concluded that the retroactive application of the Law on War Crimes would violate Article 97 of the Norwegian Constitution. He was thus acquitted for the charges of war crimes. However, on 14 April 2011, the Supreme Court of Norway found him guilty for unlawful deprivation of liberty and detention of civilians in violation of Section 223(1) and (2) of the 1905 Norwegian Penal Code and sentenced him to eight years in prison. Repak was found guilty on thirteen counts. The indictment charged him with taking part in depriving civilians of liberty and detaining them at the Dretelj detention camp and severe mistreatment of detainees, including sexual abuse, brutal violence, intimidation and humiliation, and deprivation of adequate access to food. The Court concluded that Repak had acted with intent or complicity in the offences, or alternatively could have foreseen the consequences regarding the atrocities suffered by the victims, a level sufficient to find guilt under Section 43 of the Penal Code. According to the sentencing Judge, Repak ‘played a central role in allowing the extensive and sometimes extremely brutal atrocities against the 13 victims to take place’.
- Status
- 2715
- Case number
- 08-018985MED-OTIR/08
- Reparations / awards
- Repak was ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims. However, as far as compensation to victims of sexual violence is concerned, the Court ruled that “As regards compensation of economic loss, it is essential for the Court to emphasize that the defendant is only liable for damages where there is a causal relationship between the acts of the defendant and the damage. This means that the defendant is not liable to pay compensation for the extensive damage caused by rapes and gross violence committed by others.”
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