Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 3 results.
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Jurisprudence judicial mechanism
ICC - Dominic Ongwen
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
- Country
- Uganda
- Keywords
- Forced Marriage Severance of Charges Enslavement Amended Indictment Rape as Crime Against Humanity
- Reference link
- https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/ICC-02_04-01_15/Pages/default.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Dominic Ongwen
- Charges
- The arrest warrant of 2005 does not charge Ongwen with sexual violence crimes. However, the Prosecution formally requested, on 24 September 2015, to bring additional charges against Ongwen, including sexual and gender based crimes. The confirmation of charges hearing is schedule for 26 January 2016 and then the Chamber will decide upon this request. The additional sexual and gender based crimes brought against Ongwen include: - Forced marriage, an inhumane act of a character similar to the acts set out in articles 7(1)(a)-(j), as a crime against humanity, pursuant to articles 7(1)(k), and 25(3)(a), or (b)or(d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a crime against humanity, pursuant to articles 7(1)(f) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a war crime, pursuant to articles 8(2)(c)(i) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a crime against humanity, pursuant to articles 7(1) (g) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a crime against humanity, pursuant to articles 7(1)(g) and25(3)(a), or (b)or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; and - Enslavement as a crime against humanity, pursuant to articles 7(1)(c) and25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005 (see paras. 32-35 of Public redacted version of “Notice of intended charges against Dominic Ongwen”, 18 September 2015, ICC-02/04-01/15-305-Conf).
- Status
- 2778
- Case number
- ICC-02/04-01/15
-
Jurisprudence judicial mechanism
ICTR - Callixte Nzabonimana
- Year
- 2014
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Severance of Charges Amended Indictment
- Reference link
- http://www.unictr.org/en/cases/ictr-98-44d
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Callixte Nzabonimana
- Charges
- At his initial appearance, on 20 February 2008, Nzabonimana pled not guilty to all eleven counts against him: conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, murder, extermination, rape, persecution and inhumane acts as crimes against humanity, violence to life, health and physical or mental well-being of persons and outrages upon personal dignity as serious violations of Article 3 common to the Geneva Conventions and Additional Protocol II.
- Trial chamber verdict
- On 7 November 2008, the Chamber granted the Prosecution’s motion for severance of the case and amendment of the indictment. On 12 November 2008, the Prosecution filed an Amended Indictment, charging Nzabonimana with five counts: genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, and extermination and murder as crimes against humanity in Gitarama prefecture during the events of April to July 1994 in Rwanda. The sexual violence charge (rape as a crime against humanity) was thus taken out.
- sentencing
- Nzabonimana received a sentence of life imprisonment on 29 September 2014 (for other charges).
- Status
- 2715
- Case number
- ICTR-98-44D
-
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
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