Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 31 to 34 of 34 results.

  • 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 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 - 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

    ICTY - Goran Hadzic

    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Aiding and Abetting Detention Centers Ill-health Ordering/Instigating Psychological Impact

    Reference link
    http://www.icty.org/cases/party/694/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Goran Hadzic
    Charges
    Hadzic is charged with sexual violence crimes in the indictment (of 22 July 2001) and includes persecution as a crime against humanity, torture as a crime against humanity, inhumane acts as crimes against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Articles 7(1) (committing in concert with others, planning, instigating, ordering, and/or aiding and abetting) and 7(3) (command responsibility) for imposing on Croat and other non-Serb civilian detainees living conditions in various detention facilities in the SAO SBWS characterized by, inter alia, inhumane treatment and constant physical and psychological assault, including sexual assault.
    Status
    2715
    Case number
    IT-04-75

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