Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    District Court of The Hague - Joseph Mpambara

    Year
    2011
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Netherlands, Rwanda
    Keywords
    Acquittal Corroboration Lack of Jurisdiction Nexus with Armed Conflict

    Reference link
    http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHSGR:2011:BR0686
    Type of mechanism
    District Court
    Name of accused
    Joseph Mpambara
    Charges
    Mpambara was charged with multiple crimes, including: - Rape as a war crime for the raping and attempting to rape a number of women.
    Trial chamber verdict
    On 23 March 2009, the District Court of The Hague convicted Mpambara of complicity in torture, but dismissed charges of war crimes, including rape (no sufficient link between his acts and an armed conflict was established) and genocide (due to a lack of jurisdiction).
    sentencing
    Mpambara was initially sentenced to 20 years' imprisonment, however, this was increased to life imprisonment by the Court of Appeal.
    Appeals chamber verdict
    On 7 July 2011, the Court of Appeal, however, disagreed and found that a sufficient link between his acts and an armed conflict was established. Mpambara was therefore found guilty, in addition to torture, of war crimes and sentenced to life imprisonment. However, there were no convictions for the two rape charges. The Prosecution had not appealed the rape charge and/or the Court of Appeal held that there was not sufficient evidence to sustain the rape claims (no corroboration).
    Status
    2715
    Case number
    22-002613-09

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