Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 20 results.
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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
Moshan, Brook S. - Women, War, and Words...
- Year
- 1998
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Reference link
- https://pdfs.semanticscholar.org/b222/525366f03084fb524513e54a5194b6ea81f0.pdf
- Full reference
- Moshan, Brook Sari, "Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity", in Fordham International Law Journal, 1998, vol. 22, no.1, pp. 154-183.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Moshan, Brook S.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Askraba Dordislav
- Country
- Bosnia Herzegovina
- Keywords
- Rape Sexual Violence Enforced Disappearance Rape Camps Torture Rape as a Weapon of War War Crimes Crimes Against Humanity
- Reference link
- http://www.sudbih.gov.ba/predmet/2463/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Ratko Bundalo, Nedo Zeljaja, Dordislav Askraba
- Charges
- Ratko Bundalo and Nedo Zeljaja were charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the following items:a) depriving another person of his life (murder),b) extermination,d) deportation or forcible transfer of population,e) imprisonment,f) torture,g) sexual violence, andk) other inhumane acts,in conjunction with Article 173 (1) (c), (e) and (f) of the CC BiH, all in conjunction with Article 180 (1) of the CC BiH.Dordislav Askraba is charged with the criminal offense of crimes against humanity in violation of Article 172 (1) (h) of the CC BiH in conjunction with the following items:a) depriving another person of his life (murder),e) imprisonment,f) torture, andk) other inhumane actsin conjunction with Article 180 (1) of CC BiH.
- Trial chamber verdict
- On 21 December 2009, the Trial Panel reached the first-instance verdict finding the accused, Ratko Bundalo and Nedo Zeljaja guilty of crimes against humanity. The accused Ratko Bundalo was sentenced to 19 years of imprisonment, the accused Nedo Zeljaja was sentenced to 15 years of imprisonment, and the accused Dordislav Askraba was acquitted on all counts of the Indictment.
- sentencing
- The Trial Chamber sentenced Ratko Bundalo to 19 years of imprisonment and Nedo Zeljaja to 15 years of imprisonment. The Appeals Chamber found Dordislav Askraba guilty of war crimes and sentenced him to 7 years’ imprisonment.
- Appeals chamber verdict
- On 18 April 2012, the Panel of the Appellate pronounced the second instance verdict finding the accused Dordislav Askraba guilty of war crimes against civilians, committed in the manner described in the operative provision of the verdict, in violation of Article 142(1) of the Criminal Code of SFRY as adopted pursuant to the Law on Application of the Criminal Code of Bosnia and Herzegovina and the Criminal Code of the Socialist Federative Republic of Yugoslavia, in conjunction with Articles 22 and 24 of the same Code. The verdict sentenced the accused to imprisonment of 7 years.Following new appeals by the of Prosecutor's Office of Bosnia and Herzegovina and Defense Counsel for the Accused Dordislav Askraba, the Appeals Chamber upheld the second-instance verdict on 18 June 2013.
- Status
- 2715
- Case number
- S1 1 K 005159 11 Kzz
-
Jurisprudence judicial mechanism
Court of Bosnia-Herzegovina (War Crimes Chamber) - Milisavljevic Predrag et al.
- Country
- Bosnia Herzegovina
- Keywords
- Enforced Disappearance Rape Torture Military Perpetrator Crimes Against Humanity
- Reference link
- http://www.sudbih.gov.ba/predmet/3013/show
- Type of mechanism
- Domestic court
- Name of mechanism
- Court of Bosnia-Herzegovina (War Crimes Chamber)
- Name of accused
- Milisavljevic Predrag, Pantelic Milos, Tasic Ljubomir
- Charges
- Crimes Against Humanity pursuant to Article 172 CC BiH, in conjunction with Article 180(1) CC of BiH.
- Trial chamber verdict
- On 28 October 2018, the Trial Panel of the Section I for War Crimes of the Court of Bosnia and Herzegovina found Predrag Milisavljevic and Milos Pantelic guilty of crimes against humanity in violation of Article 172(1) (h) as read with (a) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The Accused were sentenced to imprisonment of 20 years each. Predrag Milisavljevic was furthermore acquitted of the charges of crimes against humanity in violation of Article 172(1)(h), as read with (f) and (g) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina, all in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina. Milos Pantelic was also acquitted of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (e), (f), (h) and (k) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina. The trial Chamber acquitted Predrag Milisavljevic, Milos Pantelic and Ljubomir Tasic of the charges of crimes against humanity in violation of Article 172(1)(h) as read with (d) and (e) in conjunction with Article 29 of the Criminal Code of Bosnia and Herzegovina.
- sentencing
- The Trial Chamber sentenced Predrag Milisavljevic to 20 years imprisonment and acquitted Ljubomir Tasic of all charges. The Appeals Chamber sentenced Milos Pantelic to 15 years imprisonment.
- Appeals chamber verdict
- On 23 July 2015, the Appellate Division Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina sent out the second-instance verdict of 2 June 2015 in the case of Predrag Milisavljevic et al., which, in their entirety, refused the appeals filed by the Prosecutor's Office of Bosnia and Herzegovina and by defense counsel for the accused Predrag Milisavljevic. The appeal filed by defense counsel for the accused Milos Pantelic was however, partly granted. Milos Pantelic, concerning the criminal offense of crimes against humanity, was accordingly sentenced to 15 (fifteen) years of imprisonment. The remaining part of the first-instance verdict was upheld.
- Status
- 2715
- Case number
- S1 1 K 011128 12 Krz
-
Jurisprudence judicial mechanism
ECCC - Im Chaem
- Country
- Cambodia
- Keywords
- Crimes Against Humanity Forced Marriage Sexual Violence
- Reference link
- https://www.eccc.gov.kh/en/case/topic/case0401
- Type of mechanism
- Hybrid court
- Name of mechanism
- Extraordinary Chambers of the Courts of Cambodia (ECCC)
- Name of accused
- Im Chaem
- Charges
- Im Chaem was initially charged with crimes against humanity and violations of the 1956 Penal Code. Additional allegations were however submitted in five supplementary submissions filed which included allegations of Forced Marriage and Sexual Violence.
- Status
- 2778
- Case number
- 004/1
-
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
- Click here
- 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 - Casimir Bizimungu (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes
- Reference link
- Click here
- 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 - 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
Military Court of South Kivu, DRC - The Kavumu Trial
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Murder Rape Crimes Against Humanity Article 25 of the Rome Statute Acting with a Common Purpose Democratic Republic of Congo Armed Group
- Reference link
- https://trialinternational.org/wp-content/uploads/2017/12/Arr%C3%AAt-final_Kavumu_CM.pdf
- Type of mechanism
- Domestic court, Military Tribunal
- Name of mechanism
- The Military Court of South Kivu (Democratic Republic of Congo)
- Name of accused
- Frederic Rugimbanya Batumike and 19 others
- Charges
- 18 of the defendants were charged with rape as a crime against humanity, murder and organization of and participation in a militia.
- sentencing
- The court sentenced 11 of the defendants, including Batumike, to life imprisonment.
- Status
- 2715
- Case number
- RP0105/2017
-
Jurisprudence judicial mechanism
The Extraordinary African Chambers - Hissène Habré
- Country
- Senegal
- Keywords
- Rape Crimes Against Humanity Article 25 of the Rome Statute Political Leaders Chad
- Reference link
- https://www.hrw.org/sites/default/files/supporting_resources/arret_integral.pdf
- Type of mechanism
- Hybrid court
- Name of mechanism
- The Extraordinary African Chambers
- Name of accused
- Hissène Habré
- sentencing
- Habre was sentenced to life imprisonment on 27 April 2017.
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