Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 34 results.

  • Jurisprudence judicial mechanism

    ICTR transfer - Ryandikayo

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Aiding and Abetting Ordering/Instigating Interahamwe

    Reference link
    http://unictr.irmct.org/en/cases/ictr-95-1e
    Type of mechanism
    Domestic court
    Name of accused
    Ryandikayo
    Charges
    Ryandikayo is charged with sexual violence crimes (in the second amended indictment of 8 May 2012) as follows: - Genocide for harming, including by raping, under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). [NB. Only 2(3)(a) is charged, not 2(3)(b), even though rape is mentioned for the count of genocide] - Complicity in genocide under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). The underlying facts that relate to the sexual violence for all these charges concern: (i) Ryandikayo took Jacqueline Uwineza into his house in Mubuga where he raped her and then took her to his banana plantation where she was killed by Interahamwe who beat her with clubs and machetes on his instigation and prompting (paragraph 24); (ii) the leading of six Tutsi girls on foot to the Mubuga cemetery and raping them, on the instructions of, inter alia, Ryandikayo (paragraph 33); (iii) in the course of an attack at Mubuga Catholic church, Ryandikayo together with Interahamwe and armed Hutu civilians, who acted in accordance with Ryandikayo’s instructions, prompting, and plan, raped and killed other Tutsi girls who were in the parish. Among them was a girl by the name of Claudine who resided near the parish.
    Status
    2778
    Case number
    MICT-12-22

  • Jurisprudence judicial mechanism

    ICTR transfer - Ladislas Ntaganzwa

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Amended Indictment Aiding and Abetting Interahamwe Ordering/Instigating Hostage

    Reference link
    http://www.unmict.org/en/cases/mict-12-21
    Type of mechanism
    Domestic court
    Name of accused
    Ladislas Ntaganzwa
    Charges
    Ntaganzwa is charged with sexual violence crimes (in the second amended indictment of 30 March 2012) as follows: - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (committing, ordering and instigating, and aiding and abetting) and 6(3) (command responsibility). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing, ordering and instigating, and aiding and abetting) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern: (i) at a date in early May 1994, at the Ryabidandi roadblock, Ryabidandi cellule, Nyagisozi secteur, Nyakizu commune, Ntaganzwa instructed and prompted a group of about eight JDR, interahamwe, and Hutu and Twa civilians to rape a Tutsi woman named Astorie (last name unknown). Acting on the direct instructions and the prompting of Ntaganzwa, Astorie was repeatedly raped during the night at a residence close to the Judicial Police Inspector’s residence within Ryabidandi cellule; (ii) On or about the day after this event, Ntaganzwa instructed and prompted a certain Habib, a Hutu civilian, to rape ARH, a Tutsi woman. Following Ntaganzwa’s instructions and prompting, Habib took ARH hostage and repeatedly raped her for a period of approximately 2 months.
    Status
    2778
    Case number
    MICT-12-21

  • Jurisprudence judicial mechanism

    ICTR - Mikaeli Muhimana

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Aiding and Abetting Physical Invasion Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-95-1b
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Mikaeli Muhimana
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for raping Tutsi women and one Hutu woman he believed to be a Tutsi. - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) for the rapes of 5 women and girls (4 Tutsi women and 1 Hutu woman whom he mistakenly believed was a Tutsi); and (aiding and abetting) the rapes of 5 Tutsi women and girls.
    Trial chamber verdict
    Muhimana was found guilty by the Trial Chamber on 28 April 2005 of:- Causing serious bodily or mental harm as genocide - Rape as a crime against humanity
    sentencing
    Muhimana received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 21 May 2007 reversed, with Judges Shahabuddeen and Schomburg dissenting, Muhimana’s conviction for rape as a crime against humanity in so far it concerned the rapes of two women, Mukashyaka and Kamukina (already taken out above). The other rapes as crimes against humanity were affirmed by the Appeals Chamber.
    Status
    2715
    Case number
    ICTR-95-1B

  • Jurisprudence judicial mechanism

    ICTR - Jean-Paul Akayesu

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Forced Nudity Aiding and Abetting Ordering/Instigating Sexual Violence as Genocide Rape as Crime Against Humanity Akayesu

    Reference link
    http://unictr.unmict.org/en/cases/ictr-96-4
    Full reference
    International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Judgment, 1 June 2001, ICTR-96-4.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean-Paul Akayesu
    Charges
    - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting); - Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting). - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting). - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
    Trial chamber verdict
    Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal: - Rape as a crime against humanity - Other inhumane acts as crimes against humanity - Causing serious bodily or mental harm as genocide Akayesu was found not guilty by the Trial Chamber of: - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.
    sentencing
    Akayesu received a single sentence of life imprisonment (for genocide he had received a sentence of life imprisonment; for rape as a crime against humanity 15 years’ imprisonment; and other inhumane acts as crimes against humanity 10 years’ imprisonment).
    Appeals chamber verdict
    The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).
    Status
    2715
    Case number
    ICTR-96-4

  • 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 - Arsène Shalom Ntahobali (Nyiramasuhuko et al. "Butare")

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
    Country
    Rwanda
    Keywords
    Forced Nudity Undue Delay Fair Trial Aiding and Abetting Ordering/Instigating Direct Commission Rape as Crime Against Humanity

    Reference link
    http://www.unictr.org/en/cases/ictr-98-42
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Arsène Shalom Ntahobali
    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 a war crime under Article 6(1) (direct responsibility) for: (i) raping a Tutsi girl at the roadblock near his hotel (committing); (ii) raping Tutsi women (committing), ordering Interahamwe to rape Tutsi women (ordering), and aiding and abetting the rapes of Tutsi women at the Butare prefecture office (aiding and abetting). - Sexual violence as genocide, persecution as a crime against humanity and violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime, and other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
    Trial chamber verdict
    Ntahobali was found guilty by the Trial Chamber on 24 June 2011 of: - 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 a war crime Ntahobali was found not guilty of: - Sexual violence as genocide; - Persecution as a crime against humanity; - Violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime; - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
    sentencing
    Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
    Appeals chamber verdict
    On 14 December 2015, the Appeals Chamber upheld most of the findings in respect of the sexual violence conviction ((i) killing a Tutsi girl he had first raped at the Hotel Ihuliro roadblock in late April 1994; (ii) raping a Tutsi girl near the Hotel Ihuliro roadblock in late April 1994 as well as Witness TA during two attacks in May 1994 at the prefectural office; (iii) ordering the rape of Witness TA at the prefectural office during an attack in the last of half of May 1994; and (iv) aiding and abetting the rapes of Witness TA at the prefectural office in June 1994), except - having found errors in the Trial Chamber’s reasoning – for (i) raping Tutsi women, other than Witness TA, at the Butare Prefecture Office; and (ii) ordering the rapes of six Tutsi women, other than Witness TA, at the Butare Prefecture Office during an attack in the last half of May 1994. Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
    Status
    2715
    Case number
    ICTR-98-42

  • Jurisprudence judicial mechanism

    ICC - Charles Ble Goude (“Laurent Gbagbo and Charles Ble Goude”)

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Côte d’Ivoire
    Keywords
    Aiding and Abetting Ordering/Instigating Post-election Violence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0211/related%20cases/icc-02_11-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Charles Ble Goude
    Charges
    Ble Goude is accused, in the warrant of arrest (unsealed on 30 September 2013) of four counts of crimes against humanity, including: - Rape as a crime against humanity, allegedly committed in the context of post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011, as an indirect co-perpetrator pursuant to Article 25(3)(a) of the Rome Statute. In the Decision on the Confirmation of Charges of 11 December 2014, the following was confirmed: - Rape as a crime against humanity for the rape of at least 38 persons, committed by pro-Gbagbo forces. Ble Goude is responsible alternatively, as detailed below, under article 25(3)(a) (indirect co-perpetration), 25(3)(b) (ordering, soliciting or inducing), 25(3)(c) (aiding, abetting or otherwise assisting) or 25(3)(d) of the Statute: - under article 25(3)(a), (b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 22 women committed on or around 12 April 2011 in Yopougon commune, Abidjan; - under article 25(3)(b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 16 women and girls committed between 16 and 19 December 2010 during and after the pro-Ouattara march heading to the RTI headquarters.
    Trial chamber verdict
    On 11 March 2015, Trial Chamber I joined his case and the one of Laurent Gbagbo in order to ensure the efficacy and expeditiousness of the proceedings. On 23 July 2018, Defence Counsel filed a “No case to answer motion” (“the Motion”) on grounds that the Prosecution had not adduced sufficient evidence to sustain a conviction. Following this motion, the Trial Chamber I of the ICC by majority, on 15 January 2019, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d'Ivoire in 2010 and 2011. The Chamber concluded after assessing the evidence that the Prosecutor had not furnished the court with sufficient evidence to establish the requisite elements for establishing the liability of Mr Gbagbo and Mr. Blé for the crimes charged.
    Appeals chamber verdict
    Following an appeal by the Prosecutor, the Appeals chamber amended the conditions of release, although it stuck to the previous decision to acquit the accused from all charges. On 1 February 2019, the Appeals Chamber pronounced the conditions for the release of Mr Gbagbo and Mr Blé Goudé to a State that is willing to accept them on its territory and willing and able to enforce the conditions set by the Chamber and amended them on 21 February 2019.
    Status
    2778
    Case number
    ICC-02/11-01/15

  • Jurisprudence judicial mechanism

    East Timor - Egidio Manek et al.

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Aiding and Abetting Definition of Rape Consent Accused at large

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1061/Manek-et-al/
    Type of mechanism
    District Court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Egidio Manek et al.
    Charges
    Of the 14 indicted, four individuals were charged with rape as a crime against humanity (Section 5(1)(g) UNTAET Regulation 2000/15), namely Egidio Manek (Deputy Commander), Olivio Tatoo Bau (member of the Laksaur militia, Tilomar/Salele), Americo Bau (or Mali) (idem), and Gabriel Nahak (member of the Laksaur militia, Leogore, Suai Kota). All under Section 14 UNTAET Regulation 2000/15 (committing, ordering, soliciting or inducing, aiding, abetting or otherwise assisting). However, the indictment never led to any trial before a court in East Timor, owing to the continued absence of the accused from the country. Accused at large. There is no final decision in this case and the Special Panel was closed down in 2005.
    Status
    2715
    Case number
    09/CG/TDD/2003

  • Jurisprudence judicial mechanism

    ECCC - Ieng Thirith (“Nuon Chea et al.”)

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Female Perpetrators of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Aiding and Abetting Coercion Common Purpose Consent Death of Accused Ordering/Instigating Severance of Charges

    Reference link
    https://www.eccc.gov.kh/en/indicted-personpage/ieng-thirith
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Ieng Thirith
    Charges
    Ieng Thirith was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29 (new) of the ECCC Law.
    Trial chamber verdict
    However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. However, Ieng Thirith was found unfit to stand trial, and the Trial Chamber stayed the proceedings against her. She was released from provisional detention on 16 September 2012. The Supreme Court Chamber subsequently imposed a regime of judicial supervision. Ieng Thirith died on 22 August 2015.
    Status
    2715
    Case number
    Case 002

  • Jurisprudence judicial mechanism

    ECCC - Ieng Sary (“Nuon Chea et al.”)

    Year
    2013
    Issues
    Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Cambodia
    Keywords
    Aiding and Abetting Coercion Common Purpose Consent Forced Marriage Death of Accused Ordering/Instigating Severance of Charges

    Reference link
    https://www.eccc.gov.kh/en/indicted-personpage/ieng-sary
    Type of mechanism
    Hybrid court
    Name of mechanism
    Extraordinary Chambers of the Courts of Cambodia (ECCC)
    Name of accused
    Ieng Sary
    Charges
    Ieng Sary was charged, in the closing order (indictment) of 15 September 2010, with: - Rape as a crime against humanity, which included forced marriage. - Other inhumane acts as a crime against humanity, which included forced marriage. Both for committing (via a joint criminal enterprise), planning, instigating, ordering, or aiding and abetting, or by virtue of superior responsibility punishable under Article 29(new) of the ECCC Law.
    Trial chamber verdict
    However, the accused appealed the closing order stating that during the relevant time (1975-1979), rape was not yet applicable as an enumerated crime under crimes against humanity. The Pre-Trial Chamber agreed that during that time period rape was not a crime in its own, but ruled that the facts described as rape can be subsumed as ‘other inhumane acts’. Accordingly, on 13 January 2011, the Pre-Trial Chamber struck rape as a crime against humanity from the indictment. On 22 September 2011 the Trial Chamber severed Case 002 in two trials. The first trial of Case 002 was limited to forced transfers of the population. The second trial of Case 002 includes forced marriage and rape (nationwide) as crimes against humanity. Trial hearings in Case 002/02 commenced on 17 October 2014 and the presentation of evidence started on 8 January 2015. The proceedings against Ieng Sary were, however, terminated on 14 March 2013, following his death the same day.
    Status
    2715
    Case number
    Case 002

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