Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 5 results.
-
Literature
Cole, Alison - Prosecutor v. Gacumbitsi...
- Year
- 2008
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda, Former Yugoslavia
- Keywords
- Witness Fair Trial Cross-examination International Criminal Law
- Reference link
- https://brill.com/abstract/journals/icla/8/1-2/article-p55_2.xml
- Full reference
- Cole, Alison, "Prosecutor v. Gacumbitsi: The New Definition for Prosecuting Rape Under International Law", International Criminal Law Review, 2008, vol. 8, no. 1-2, pp. 55-86.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Cole, Alison
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
Human Rights Watch - Justice Compromised: The Legacy of Rwanda’s Community...
- Year
- 2011
- Country
- Rwanda
- Keywords
- Gender-Based Violence Fair Representation Fair Trial Genocide Rape
- Reference link
- https://www.hrw.org/report/2011/05/31/justice-compromised/legacy-rwandas-community-based-gacaca-courts
- Full reference
- Human Rights Watch, "Justice Compromised: The Legacy of Rwanda’s Community Based Gacaca Courts", available at https://www.hrw.org/report/2011/05/31/justice-compromised/legacy-rwandas-community-based-gacaca-courts, last accessed at 01 February 2019.
- Type of literature
- Grey Literature
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Human Rights Watch
- Type of mechanism
- Domestic court
- Name of mechanism
- Gacaca Court
-
Jurisprudence judicial mechanism
ICTR - Arsène Shalom Ntahobali (Nyiramasuhuko et al. "Butare")
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
- Country
- Rwanda
- Keywords
- Forced Nudity Undue Delay Fair Trial Aiding and Abetting Ordering/Instigating Direct Commission Rape as Crime Against Humanity
- Reference link
- http://www.unictr.org/en/cases/ictr-98-42
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Arsène Shalom Ntahobali
- Charges
- - 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 a war crime under Article 6(1) (direct responsibility) for: (i) raping a Tutsi girl at the roadblock near his hotel (committing); (ii) raping Tutsi women (committing), ordering Interahamwe to rape Tutsi women (ordering), and aiding and abetting the rapes of Tutsi women at the Butare prefecture office (aiding and abetting). - Sexual violence as genocide, persecution as a crime against humanity and violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime, and other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
- Trial chamber verdict
- Ntahobali was found guilty by the Trial Chamber on 24 June 2011 of: - 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 a war crime Ntahobali was found not guilty of: - Sexual violence as genocide; - Persecution as a crime against humanity; - Violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime; - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
- sentencing
- Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
- Appeals chamber verdict
- On 14 December 2015, the Appeals Chamber upheld most of the findings in respect of the sexual violence conviction ((i) killing a Tutsi girl he had first raped at the Hotel Ihuliro roadblock in late April 1994; (ii) raping a Tutsi girl near the Hotel Ihuliro roadblock in late April 1994 as well as Witness TA during two attacks in May 1994 at the prefectural office; (iii) ordering the rape of Witness TA at the prefectural office during an attack in the last of half of May 1994; and (iv) aiding and abetting the rapes of Witness TA at the prefectural office in June 1994), except - having found errors in the Trial Chamber’s reasoning – for (i) raping Tutsi women, other than Witness TA, at the Butare Prefecture Office; and (ii) ordering the rapes of six Tutsi women, other than Witness TA, at the Butare Prefecture Office during an attack in the last half of May 1994. Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
- Status
- 2715
- Case number
- ICTR-98-42
-
Jurisprudence judicial mechanism
ICTR - Pauline Nyiramasuhuko (Nyiramasuhuko et al."Butare")
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Female Perpetrators of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
- Country
- Rwanda
- Keywords
- Forced Nudity Insufficient Evidence Superior Responsibility Fair Trial Undue Delay
- Reference link
- http://unictr.unmict.org/en/cases/ictr-98-42
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Pauline Nyiramasuhuko
- Charges
- - Rape as a crime against humanity.-Outrages upon personal dignity 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 ordering Interahamwe under her effective control to rape Tutsi women at the Butare prefecture office.- Sexual violence as genocide -Persecution as a crime against humanity -Violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime -Other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility).
- Trial chamber verdict
- Nyiramasuhuko was found guilty by the Trial Chamber on 24 June 2011 of: - 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 a war crime. Nyiramasuhuko was found not guilty by the Trial Chamber of:- Sexual violence as genocide, persecution as a crime against humanity and violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime, and other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Nyiramasuhuko forced her victims to undress completely before forcing them into vehicles and taking them to their deaths.
- sentencing
- Nyiramasuhuko received a sentence of life imprisonment. However, her sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
- Appeals chamber verdict
- On 14 December 2015, the Appeals Chamber upheld the findings in respect of the sexual violence conviction (see above). Her sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
- Status
- 2715
- Case number
- ICTR-98-42
-
Literature
Kaitesi, Usta and Haveman, Roelof - Prosecution of Genocidal Rape and Sexual Torture....
- Year
- 2011
- Country
- Rwanda
- Keywords
- Rape Genocidal Rape Torture Rape, Torture Fair Trial
- Reference link
- https://intersentia.com/en/victimological-approaches-to-international-crimes-africa.html
- Full reference
- Kaitesi, Usta and Roelof Haveman, "Prosecution of Genocidal Rape and Sexual Torture before the Gacaca Tribunals in Rwanda", in Rianne Letschert et al. (eds.), Victimological Approaches to International Crimes: Africa, Intersentia, Cambridge/Antwerp/Portland, 2011, pp. 385-409.
- Type of literature
- Chapter in Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Kaitesi, Usta and Haveman, Roelof
- Type of mechanism
- Domestic court
- Name of mechanism
- Gacaca Court
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