Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 25 of 25 results.

  • 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 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 non-judicial mechanisms

    International Commission of Inquiry on Guinea

    Country
    Guinea
    Keywords
    Rape Humiliating and Degrading Treatment Forced Nudity Sexual Slavery Killings

    Reference link
    www.legal-tools.org/en/browse/record/c5939f/
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Type of mechanism
    Commission of Inquiry
    Name of mechanism
    International Commission of Inquiry on Guinea
    Status
    2715
    Findings
    On 28 September 2009, the red berets and gendarmes surrounded the stadium, blocked the exits, stormed through the main gates, fired tear gas and set about killing or wounding the demonstrators or subjecting them to sexual assault. In under two hours, hundreds of civilians had died or been seriously wounded, stripped in public and subjected to widespread sexual abuse, being unable to flee as the exits from the stadium had been blocked. The authorities then began an organized attempt to cover up the crimes and, as a result, at least 89 persons have been reported missing, some are suffering from permanent injuries, while others will be afflicted with long-term physical and mental suffering. Among the many crimes the COI confirmed (e.g. killings), it also confirmed that at least 109 women were subjected to (gang) rape and other sexual violence, including sexual mutilation and sexual slavery. Several women died of their wounds following particularly cruel sexual attacks. Women were subjected to collective rape, often involving the use of objects, in public places, and all these acts were committed over a period of less than two hours, mainly in one place, in full view and with the full knowledge of all those who were present.
    Recommendations
    On 18 December 2009, the COI recommended, <i>inter alia</i>, that the Guinean Government should be strongly urged to provide the families concerned with all relevant information on the case of persons who have disappeared, that the International Criminal Court should be asked to investigate the persons alleged to have committed crimes against humanity, that adequate reparation should be made to the victims and that targeted sanctions should be imposed against the principal perpetrators of the violations.&nbsp; <b>The COI qualified the acts committed as: (1) violations of human rights and (2) violations of international criminal law.</b> As for the violations of human rights it held that the sexual slavery to which a number of women were subjected constitutes, <i>inter alia</i>, a <i>violation of the prohibition against holding anyone in slavery or servitude </i>(Article 8 of the ICCPR). The at least 109 women who were found subjected to sexual violence were held to be grave violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, i.e. <i>torture</i> (Article 1). These acts inflicted “severe pain or suffering” in order to punish the victims for an act which they had committed (participation in a demonstration prohibited by the Government) and to intimidate them, particularly to deter them from demonstrating against the authorities in the future. The persons responsible for these acts were soldiers, gendarmes, policemen and militiamen. The latter clearly acted “at the instigation of [a public official] or with the consent or acquiescence [of a public official]” since they were operating in conjunction with the security forces which were engaged in repression. Some of these acts, such as stripping women naked in public or certain less severe types of aggression, may be categorized as <i>cruel, inhuman or degrading treatment</i>, the COI stated. These acts of sexual violence were also considered <i>violations of the Convention on the Elimination of All Forms of Discrimination against Women</i>, since they were clearly directed against women as such. As for the violations of international criminal law, the COI held that it was established that <i>crimes against humanity</i> had been committed, <i>including rape, sexual slavery and sexual violence</i>. The COI referred to the Rome Statute for the prohibition of rape and other forms of sexual violence as a crime against humanity (Article 7(1)(g)).
    Date of report / release
    1909-12-18
    Reparations / awards
    <p style="text-align:justify; line-height:115%"><span lang="EN-US">As for the reparations, specific mention was made of the victims of sexual violence. It was held that victims should receive, e.g.: </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(1) medical treatment and adequate care, in particular for the victims of sexual violence, who should be given treatment for HIV/AIDS and other sexually transmitted diseases; and </span></p> <p style="text-align:justify; line-height:115%"><span lang="EN-US">(2) psychological counselling, particularly for victims of gender-based violence, especially rape and sexual violence.</span></p>

  • Jurisprudence judicial mechanism

    MICT - Protais Mpiranya

    Issues
    Sexual Violence against Children Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape with Foreign Objects Forced Nudity Desecration of Corpse

    Reference link
    http://www.unmict.org/en/cases/mict-12-02
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Protais Mpiranya
    Charges
    On the basis of the amended indictment of 3 August 2012 (made public on 4 June 2013), Mpiranya is charged with the following sexual violence crimes (as alleged in paragraphs 47-56 and 63 of the indictment, including the rapes of Tutsi women and children by soldiers of the Presidential Guard Battalion and members of the Interahamwe in the Kimihurura sector in Kigali and the desecration of Agathe Uwilingiyimana’s corpse by thrusting a bottle of soda into her vagina and leaving her naked body on display): - Genocide under Article 6(1) (JCE I) and Article 6(3) (command responsibility) [NB. It seems that only killing (Article 2(3)(a)) as genocide is charged, even though the rapes are also subsumed under the genocide charge]. - Complicity in genocide on the basis of Article 2(3)(e) (in the alternative of genocide) under Article 6(1) (JCE I) and 6(3). - Rape as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) and 6(3). - Persecution as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3). - Other inhumane acts as crimes against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3).
    Status
    2778
    Case number
    MICT-12-02

  • Jurisprudence non-judicial mechanisms

    Peruvian Truth and Reconciliation Commission

    Country
    Peru
    Keywords
    Forced Prostitution Forced Pregnancy Forced Nudity Rape Torture

    Research focus
    Inequality and Discrimination against Women during Armed Conflict
    Type of mechanism
    Truth Commission
    Name of mechanism
    Peruvian Truth and Reconciliation Commission
    Status
    2715
    Findings
    The TRC found that cases of sexual violence against women were significantly rarer than those of other human rights violations. As in South Africa, however, victims’ feelings of guilt and shame may have led to underreporting. Another reason for the underrepresentation was that much of the sexual violence occurred in the context of other human rights violations, such as massacres, arbitrary detentions, summary executions, and torture. Such abuses tend to overshadow cases of sexual violence, even where the sexual violence can be discerned. The TRC found no evidence of criminal prosecutions of members of the army or the police who committed sexual abuses; nor did it uncover information indicating that complaints filed by victims of sexual violence had been investigated. Sexually abused women often were discriminated against by their own communities and families. This hostile environment made it very difficult for victims to denounce the crimes.
    Recommendations
    It recommended that women who assumed leadership roles during the armed conflict should be recognized appropriately. Concerning health reparations, the TRC suggested that the state should identify the specific needs of women, especially in mental health. It also recommended that the impact of violence in families and gender relationships should be identified.
    Date of report / release
    1903-08-28
    Reparations / awards
    The final report included a comprehensive plan of reparations (PIR) for victims of the violence. The TRC recognized the importance of the gender perspective in the PIR and the need for equal participation of men and women in its implementation. The PIR included symbolic reparations like public gestures, acts of acknowledgement, memorials, and sites of memory. The TRC urged that abuses and crimes against women should be explicitly mentioned in all such events. Finally, the TRC proposed economic reparations for victims of rape and children born as a result of rape.

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