Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 3 results.

  • 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

    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 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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