Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 31 results.

  • Jurisprudence judicial mechanism

    ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
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    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Aloys Ntabakuze
    Charges
    Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
    Trial chamber verdict
    Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
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    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Anatole Nsengiyumva
    Charges
    Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
    Trial chamber verdict
    Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes

    Reference link
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    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Casimir Bizimungu
    Charges
    Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
    Trial chamber verdict
    Mid-trial, in 2005, Bizimungu was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
    Appeals chamber verdict
    Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Francois-Xavier Nzuwonemeye (Ndindiliyimana et al. “Military II”)

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Humiliating and Degrading Treatment War Crimes Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-56
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Francois-Xavier Nzuwonemeye
    Charges
    Rape as a crime against humanity and rape, humiliating and degrading treatment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes committed by soldiers from the A squad of the Reconnaissance battalion, led by Sagahutu and under the command of Major Nzuwonemeye in the kiosks at the entrance of the hospital of Kigali during April, May and June 1994
    Trial chamber verdict
    Nzuwonemeye was found not guilty by the Trial Chamber (on 17 May 2011) for the sexual violence charges.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.The Appeals Chamber acquitted Nzuwonemeye on all counts on 11 February 2014.
    Status
    2715
    Case number
    ICTR-00-56

  • Jurisprudence judicial mechanism

    ICTR - Ildephonse Nizeyimana

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Gang Rape Genocide Tutsi War Crimes

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55c
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Ildephonse Nizeyimana
    Charges
    The charges concerned:Causing serious bodily or mental harm as genocide, rape as a crime against humanity and rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Articles 6(1) and 6(3) for: (i) ordering FAR soldiers, gendarmes and officers stationed at both Ngoma Camp and ESO to rape tutsi women and for the subsequent rapes (ordering); and for (ii) ordering or instigating soldiers from the FAR, ESO, Ngoma Camp, Butare Gendarmerie Camp and Interahamwe militia to rape Tutsi women at Butare Hospital, Butare University and at various locations in Butare prefecture, including the residence of Rosalie Gicanda, and for the subsequent rapes, including the multiple rapes and gang-rapes of MKA, ZBL, BUQ, BJW and DCO (ordering or instigating).
    Trial chamber verdict
    Although Nizeyimana was charged with sexual violence crimes, the Trial Chamber (on 19 June 2012) held that no factual allegations supporting Nizeyimana’s liability for these crimes had been proven. Therefore, the counts were dismissed.
    sentencing
    Nizeyimana was sentenced to 35 years’ imprisonment on 29 September 2014 (for other charges).
    Appeals chamber verdict
    The Prosecution partly appealed these findings on sexual violence. However, the Appeals Chamber found that the Prosecution had failed to show that the Trial Chamber erred in finding that the perpetrators of the rapes at Butare Hospital were not sufficiently identified as ESO soldiers and, therefore, that it could not hold Nizeyimana liable as a superior on this basis. For these reasons, the Appeals Chamber needed not to consider the Prosecution’s arguments on whether Nizeyimana failed to prevent or punish his subordinates for the rapes committed at Butare Hospital. Based on the foregoing, the Appeals Chamber dismissed the Prosecution’s ground of Appeal.
    Status
    2715
    Case number
    ICTR-00-55C

  • Jurisprudence judicial mechanism

    ICTR - Innocent Sagahutu (Ndindiliyimana et al. “Military II”)

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Humiliating and Degrading Treatment War Crimes Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-56
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Innocent Sagahutu
    Charges
    Rape as a crime against humanity and rape, humiliating and degrading treatment as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes committed by soldiers from the A squad of the Reconnaissance battalion, led by Sagahutu and under the command of Major Nzuwonemeye in the kiosks at the entrance of the hospital of Kigali during April, May and June 1994.
    Trial chamber verdict
    Sagahutu was found not guilty by the Trial Chamber (on 17 May 2011)for the sexual violence charges.
    sentencing
    Sagahutu was sentenced to 15 years’ imprisonment on 11 February 2014 by the Appeals Chamber (for other charges).
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.
    Status
    2715
    Case number
    ICTR-00-56

  • Jurisprudence judicial mechanism

    ICTR - Justin Mugenzi (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Insufficient Evidence Outrages upon Personal Dignity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Justin Mugenzi
    Charges
    Mugenzi was charged in the indictment with: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 war crimes under Articles 6(1) and 6(3).However, the charges were not substantiated with material facts related to the sexual violence.
    Trial chamber verdict
    Mid-trial, in 2005, Mugenzi was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugenzi was acquitted by the Trial Chamber (on 30 September 2011) on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
    Appeals chamber verdict
    Mugenzi was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Prosper Mugiraneza (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Insufficient Evidence Outrages upon Personal Dignity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Prosper Mugiraneza
    Charges
    Mugiraneza was charged in the indictment with:- 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 war crimes under Articles 6(1) and 6(3).
    Trial chamber verdict
    The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Mugiraneza was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugiraneza was acquitted by the Trial Chamber on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
    Appeals chamber verdict
    Mugiraneza was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Simon Bikindi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Complicity Genocidal Rape Insufficient Evidence Tutsi

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-72
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simon Bikindi
    Charges
    Bikindi was charged with sexual violence crimes - i.e. causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (ordering, instigating or aiding and abetting) and Article 6(3) (command responsibility) or, in the alternative, complicity in genocide under Article 6(1) (ordering, instigating or aiding and abetting) for, inter alia, rapes and acts of sexual violence committed by Interahamwe under his effective control against Tutsi women (including the rape of a woman named Ancilla), in the course of the execution of his orders to kill all Tutsi in Rubavu area.
    Trial chamber verdict
    The Trial Chamber (on 2 December 2008) held that Bikindi was not guilty thereof as the Prosecution had not proven these charges beyond reasonable doubt.
    sentencing
    Bikindi received a sentence of 15 years’ imprisonment on 18 March 2010 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber dismissed all of Bikindi's grounds of appeal.
    Status
    2715
    Case number
    ICTR-01-72

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Muvunyi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Insufficient Evidence Tutsi Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Muvunyi
    Charges
    Muvunyi was charged with sexual violence, i.e. rape as a crime against humanity under Article 6(3) (command responsibility).
    Trial chamber verdict
    The Trial Chamber found Muvunyi not guilty under this charge (on 12 September 2006). The Chamber held that the evidence heard that soldiers from ESO Camp committed rape did not support the specific allegation in the indictment that soldiers from Ngoma Camp committed rape and therefore it would be prejudicial and unfair to hold this evidence against Muvunyi.
    sentencing
    Muvunyi was sentenced to 15 years on 1 April 2011 (for other charges).
    Appeals chamber verdict
    Although the Prosecution challenged Muvunyi’s acquittal for rape as a crime against humanity, the Appeals Chamber (on 29 August 2008) dismissed the Prosecution’s ground of appeal. The Appeals Chamber held that: 1) the Trial Chamber did not err in law by finding that it would be prejudicial to consider the evidence of rape by ESO Camp soldiers in light of the rape allegation in the indictment; 2) even if the defect in the indictment could have been remedied, the Appeals Chamber is not satisfied that the Prosecution provided timely, clear, and consistent information of this new material fact to Muvunyi.
    Status
    2715
    Case number
    ICTR-00-55

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