Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 26 of 26 results.
  • Jurisprudence judicial mechanism

    ICTR - Alfred Musema

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Akayesu Crimes Against Humanity Genocidal Rape Mutilation

    Reference link
    http://www.unictr.org/en/cases/ictr-96-13
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Alfred Musema
    Charges
    Causing serious bodily and mental harm as genocide under Article 6(1) (committing and aiding and abetting), including raping a young Tutsi woman named Nyiramusugi, and rape as a crime against humanity under Article 6(1) (committing) for raping Nyiramusugi.
    Trial chamber verdict
    Musema was convicted by the Trial Chamber (on 27 January 2000) for causing serious bodily and mental harm as genocide.
    sentencing
    The Appeals Chamber confirmed the sentence of life imprisonment.
    Appeals chamber verdict
    The convictions were reversed on appeal. The Appeals Chamber heard out-of-court statements of Witnesses CB and EB. It held that if these testimonies had been available at trial, there would have been a reasonable doubt as to the guilt of Musema with respect to the rape of Nyiramusugi. It thus found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity.
    Status
    2715
    Case number
    ICTR-96-13

  • Literature

    Haffajee, Rebecca L. - Prosecuting Crimes of Rape and Sexual Violence

    Year
    2006
    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Accountability Akayesu Prosecution Joint Criminal Enterprise (JCE)

    Reference link
    https://pdfs.semanticscholar.org/65b3/e13e70452bd135177cd33ae7ef45a5fde0e1.pdf
    Full reference
    Haffajee, Rebecca L., "Prosecuting Crimes of Rape and Sexual Violence at the ICTR: The Application of Joint Criminal Enterprise Theory", in Harv. JL & Gender, 2006, vol. 29, no.1, pp. 201-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Haffajee, Rebecca L.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Goldstone, Richard - Prosecuting Rape as a War Crime

    Year
    2002
    Issues
    Sexual Violence against Men Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Form of Aggression Akayesu Mass Rape Mental Harm Outrages upon Personal Dignity

    Reference link
    https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1461&amp=&context=jil&amp=&sei-redir=1&referer=https%253A%252F%252Fwww.bing.com%252Fsearch%253Fq%253DGoldstone%252C%252BRichard%252C%252B%252522Prosecuting%252BRape%252Bas%252Ba%252BWar%252BCrime%2526src%253DIE-TopResult%2526FORM%253DIETR02%2526conversationid%253D#search=%22Goldstone%2C%20Richard%2C%20Prosecuting%20Rape%20as%20War%20Crime%22
    Full reference
    Goldstone, Richard, "Prosecuting Rape as a War Crime", in Case Western Reserve Journal of International Law, 2002, vol. 34, no. 2, pp. 277-285.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Goldstone, Richard
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Franklin, Daniel J. - Failed Rape Prosecutions...

    Year
    2008
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Akayesu Testimony Prosecution

    Reference link
    https://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/grggenl9&div=7&id=&page=
    Full reference
    Franklin, Daniel J., "Failed Rape Prosecutions at the International Criminal Tribunal for Rwanda", in9 Geo. J. Gender & L., 2008, vol. 9, no.1, pp. 181-214.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Franklin, Daniel J.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    De Brouwer, Anne-Marie - Supranational Criminal Prosecution...

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Consent Coercion Actus Reus Akayesu

    Reference link
    https://intersentia.be/nl/supranational-criminal-prosecution-of-sexual-violence.html
    Full reference
    De Brouwer, Anne-Marie, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR, Intersentia, Antwerp/Cambridge, 2005, pp. 103-136.
    Type of literature
    Book
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    De Brouwer, Anne-Marie
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Court

  • Literature

    Askin, Kelly D. - Gender Crimes Jurisprudence in the ICTR...

    Year
    2005
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Gender-Based Crimes Genocide Akayesu Prosecution

    Reference link
    https://academic.oup.com/jicj/article-abstract/3/4/1007/2883162
    Full reference
    Askin, Kelly, "Gender Crimes Jurisprudence in the ICTR: Positive Developments", in J. Int’l Crim. Just., 2005, vol. 3, no. 4, pp. 1007-1018.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Askin, Kelly D.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

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