Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 25 results.
-
Jurisprudence judicial mechanism
ECHR - Aydin v. Turkey
- Year
- 1997
- Issues
- Sentencing and Reparations Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Turkey
- Keywords
- Forced Nudity Medical Forensic Exam/Rape Kit Vulnerability Psychological Impact Rape/Sexual Violence in Detention Right to an Effective Remedy
- Reference link
- http://hudoc.echr.coe.int/eng?i=002-6215#{%22itemid%22:[%22002-6215%22]}
- Type of mechanism
- Regional court
- Name of mechanism
- European Court of Human Rights
- Name of accused
- Aydin v. Turkey
- sentencing
- In view of the extremely serious violation of the Convention and the consequent enduring psychological harm suffered by the applicant on account of the rape the Court awarded the applicant £25,000.
- Status
- 2715
- Case number
- 23178/94
-
Jurisprudence judicial mechanism
ICC - Germain Katanga
- Year
- 2014
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Acquittal Common Purpose Forced Marriage Forced Nudity Definition of Rape Withdrawal of Charges Severance of Charges
- Reference link
- https://www.icc-cpi.int/drc/katanga
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Germain Katanga
- Charges
- Initially, Katanga was charged (together with Chui) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution’s Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Katanga (and Chui) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(d), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
- Trial chamber verdict
- The Judgement against Katanga was pronounced on 7 March 2014 and although he was convicted for several other crimes against humanity and war crimes under Article 25(3)(d), he was acquitted for the sexual violence charges. The Chamber unanimously found Katanga not guilty of contributing to the acts of sexual violence as they did not believe these crimes formed part of the common purpose of the attack, unlike the crimes of directing an attack against a civilian population, pillage, murder and destruction of property as war crimes/crimes against humanity.
- sentencing
- A total sentence of 12 years’ imprisonment was given on 23 May 2014 (for other charges).
- Appeals chamber verdict
- On 13 November 2015, a Panel of three Judges of the Appeals Chamber, specifically appointed by the Appeals Chamber, reviewed Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence was set to 18 January 2016. Decisions on possible victim reparations, which might have an impact on victims of sexual violence, will be rendered later.
- Status
- 2715
- Case number
- ICC-01/04-01/07
-
Jurisprudence judicial mechanism
ICC - Mathieu Ngudjolo Chui
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
- Country
- Democratic Republic of Congo (DRC)
- Keywords
- Acquittal Insufficient Evidence Forced Marriage Forced Nudity Severance of Charges Withdrawal of Charges
- Reference link
- https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Mathieu Ngudjolo Chui
- Charges
- Initially, Chui was charged (together with Katanga) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution's Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Chui (and Katanga) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(a), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
- Trial chamber verdict
- On 18 December 2012, Trial Chamber II acquitted Chui of the charges of war crimes and crimes against humanity. It was found not proven beyond a reasonable doubt that Chui was the commander of the Lendu combatants during the attack on Bogoro in Ituri, Eastern DRC on 24 February 2003, as charged by the ICC. Rather, the evidence supported the finding that he held the role of a commander in March 2003, after the February attack on Bogoro.
- Appeals chamber verdict
- On 21 December 2012, Chui was released from custody. On 27 February 2015, the Appeals Chamber confirmed, by majority, Trial Chamber II’s decision of 18 December 2012 acquitting Chui.
- Status
- 2715
- Case number
- ICC-01/04-02/12
-
Jurisprudence judicial mechanism
ICC - Ukraine
- Reference link
- http://www.icc-cpi.int/ukraine
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Status
- 2778
-
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 - Jean-Paul Akayesu
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Forced Nudity Aiding and Abetting Ordering/Instigating Sexual Violence as Genocide Rape as Crime Against Humanity Akayesu
- Reference link
- http://unictr.unmict.org/en/cases/ictr-96-4
- Full reference
- International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Judgment, 1 June 2001, ICTR-96-4.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Jean-Paul Akayesu
- Charges
- - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting); - Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting). - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting). - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
- Trial chamber verdict
- Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal: - Rape as a crime against humanity - Other inhumane acts as crimes against humanity - Causing serious bodily or mental harm as genocide Akayesu was found not guilty by the Trial Chamber of: - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.
- sentencing
- Akayesu received a single sentence of life imprisonment (for genocide he had received a sentence of life imprisonment; for rape as a crime against humanity 15 years’ imprisonment; and other inhumane acts as crimes against humanity 10 years’ imprisonment).
- Appeals chamber verdict
- The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).
- Status
- 2715
- Case number
- ICTR-96-4
-
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
-
Jurisprudence judicial mechanism
ICTR transfer - Aloys Ndimbati
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Accused at large Interahamwe Forced Nudity Sexual Mutilation Killings
- Reference link
- http://www.unmict.org/en/cases/mict-12-14
- Type of mechanism
- Domestic court
- Name of accused
- Aloys Ndimbati
- Charges
- Ndimbati is charged with sexual violence crimes (on the basis of the second amended indictment of 8 May 2012) as follows: - Genocide under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Complicity in genocide under Article 6(1) (direct responsibility) (JCE I). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern the: (i) instruction and prompting by Ndimbati (and Musema) of Interahamwe, who were among the Gisovu tea factory workers, to rape and kill a Tutsi woman by the name Annociata Mujawayezu and her son. As Annonciata’s son cried, he instructed the same Interahamwe to cut off Annociata’s breast and give it to her son in order to make him stop crying. Therafter she was raped and then killed, together with her son; (ii) taking aside of Adele Nyiramayombo near a road going to the Bisesero hills and telling her to undress. When Adele Nyiramayombo resisted, he slapped her and threatened to kill her. She finally gave up and undressed herself. Ndimbati then raped her for about 15 minutes in the presence of the Interahamwe in an open place. Meanwhile Alfred Musema raped Dancile Mukangemanyi not far from Ndimbati. After raping the women, they instructed and prompted the Twa Interahamwe to take Adele Nyiramayombo, Dancile Mukangemanyi and Azarias Munyampama away and kill them. They left with the third woman, Gaudance Mukankundiye, saying that they would rape her later. Adele Nyiramayombo and Dancile Mukangemunyi were then killed by the Twa Interahamwe as instructed and prompted by Ndimbati and Musema. Azarias Munyampama survived.
- Status
- 2778
- Case number
- MICT-12-14
-
Jurisprudence judicial mechanism
ICTY - Anto Furundžija (“Lašva Valley”)
- Year
- 2000
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
- Country
- Former Yugoslavia
- Keywords
- Akayesu Penetration Coercion Forced Nudity Rape/Sexual Violence in Detention Aiding and Abetting Co-perpetration
- Reference link
- http://www.icty.org/cases/party/684/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Anto Furundžija
- Charges
- - Torture as a violation of the laws or customs of war as a war crime under Article 7(1) (co-perpetration) - Outrages upon personal dignity (including rape) as a violation of the laws or customs of war under Article 7(1) (aiding and abetting) for interrogating Witness A, who was naked, while Accused B rubbed his knife on Witness A’s inner thighs and threatened to cut out her private parts if she did not tell the truth in answer to the interrogation by Furundžija. Accused B then repeatedly raped Witness A in front of an audience of soldiers.
- Trial chamber verdict
- Furundžija was found guilty by the Trial Chamber on 10 December 1998 of: - Torture as a violation of the laws or customs of war as a war crime - Outrages upon personal dignity (including rape) as a violation of the laws or customs of war. Although Furundžija did not rape Witness A himself, the Trial Chamber found that his presence and continued interrogation of Witness A aided and abetted the crimes committed by Accused B.
- Appeals chamber verdict
- The Appeals Chamber on 21 July 2000 affirmed the convictions made by the Trial Chamber.
- Status
- 2715
- Case number
- IT-95-17/1
-
Jurisprudence judicial mechanism
ICTY - Blagoje Simic ("Simic et al.")
- Year
- 2006
- Issues
- Sexual Violence against Men
- Country
- Former Yugoslavia
- Keywords
- Acquittal Forced Oral Sex Forced Nudity Rape with Foreign Objects Urination
- Reference link
- http://www.icty.org/cases/party/779/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Blagoje Simic (“Simic et al.”)
- Charges
- Persecution as a crime against humanity under Article 7(1) (JCE I), which included sexual assaults of detainees (constituting beatings and torture) of Bosnian Croat, Bosnian Muslim and non-Serb civilians in the municipality of Bosanski Samac.
- Trial chamber verdict
- Simic was found guilty by the Trial Chamber on 17 October 2003 of persecution as a crime against humanity under Article 7(1) (JCE I).
- sentencing
- Simic was sentenced by the Appeals Chamber to 15 years’ imprisonment on 28 November 2006 (for other charges).
- Appeals chamber verdict
- Although Simic was initially found guilty by the Trial Chamber of persecution as a crime against humanity for the sexual violence crimes, this conviction was reversed by the Appeals Chamber on 28 November 2006, with Judge Mohamed Shahabuddeen and Judge Wolfgang Schomburg dissenting.
- Status
- 2715
- Case number
- IT-95-9
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