Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • Jurisprudence judicial mechanism

    ICTR - Eliézer Niyitegeka

    Year
    2004
    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Sexual Violence against Men/Boys Rape with Foreign Objects Demasculinization/Castration Instigating

    Reference link
    http://www.unictr.org/en/cases/ictr-96-14
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Eliézer Niyitegeka
    Charges
    - Other inhumane acts as crimes against humanity under Article 6(1) for the castration of a man and hanging his genitals on a spike after he had been killed (aiding and abetting) and for ordering Interahamwe to insert a sharp piece of wood into a Tutsi woman’s vagina after she had been killed (ordering). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) and Article 6(3) (command responsibility). - Violence to life, health and physical or mental well-being of persons 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(1) (direct responsibility) (committing) and Article 6(3) (command responsibility).
    Trial chamber verdict
    Niyitegeka was found guilty by the Trial Chamber (on 16 May 2003) of: - Other inhumane acts as crimes against humanity Niyitegeka was found not guilty by the Trial Chamber of: - Rape as a crime against humanity because there was insufficient evidence that Niyitegeka raped a young girl on 20 May 1994 near the Gisovu-Kibuye road. - Violence to life, health and physical or mental well-being of persons 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3 common to the Geneva Conventions and of Additional Protocol II as a war crime as these charges had already been withdrawn by the Prosecution in its final trial brief.
    sentencing
    Niyitegeka received a sentence of life imprisonment.
    Appeals chamber verdict
    The conviction was affirmed by the Appeals Chamber on 9 July 2004.
    Status
    2715
    Case number
    ICTR-96-14

  • Literature

    Sivakumaran, Sandesh - Lost in Translation: UN Responses to Sexual Violence...

    Year
    2010
    Issues
    Sexual Violence against Men

    Reference link
    http://eprints.nottingham.ac.uk/1742/1/Sivakumaran_Sexual_Violence_IRRC.pdf
    Full reference
    Sivakumaran, Sandesh, "Lost in Translation: UN Responses to Sexual Violence against Men and Boys in Situations of Armed Conflict", in International Review of the Red Cross, 2010, vol. 92, no. 877, pp. 1-19.
    Type of literature
    Journal Article
    Research focus
    Obstacles to Establish Accountability for Sexual Violence Crimes
    Author
    Sivakumaran, Sandesh

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