Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 9 results.

  • Jurisprudence judicial mechanism

    Higher Regional Court of Stuttgart - Ignace Murwanashyaka (“Murwanashyaka and Musoni”)

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Socio-cultural Context of Sexual Violence
    Country
    Democratic Republic of Congo (DRC), Germany
    Keywords
    Withdrawal of Charges Child Soldiers Gang Rape Traumatization Vulnerability

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Higher Regional Court of Stuttgart
    Name of accused
    Ignace Murwanashyaka
    Charges
    Murwanashyaka was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
    sentencing
    On 28 September 2015, Murwanashyaka was convicted for the remaining charges and received a sentence of 13 years in prison.
    Status
    2715

  • Jurisprudence judicial mechanism

    Higher Regional Court of Stuttgart - Straton Musoni (“Murwanashyaka and Musoni”)

    Year
    2015
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC), Germany
    Keywords
    Withdrawal of Charges Vulnerability Traumatization Gang Rape Child Soldiers

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Higher Regional Court of Stuttgart
    Name of accused
    Straton Musoni
    Charges
    Musoni was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
    sentencing
    On 28 September 2015, Musoni was convicted for the remaining charges and received a sentence of 8 years in prison.
    Status
    2715

  • Jurisprudence judicial mechanism

    ICC - Situation in Central African Republic II

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Role of Non-state Actors in Perpetrating Violence
    Country
    Central African Republic (CAR)
    Keywords
    Gang Rape Gender Jurisprudence Vulnerability Pregnant Victim Investigation

    Reference link
    https://www.icc-cpi.int/car
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Charges
    The information available provides a reasonable basis to believe that both the Seleka and the anti-balaka groups have committed crimes against humanity and war crimes, including: - Rape as a war crime (Article 8(2)(e)(vi)); - Rape as a crime against humanity; - Persecution as a crime against humanity in connection with alleged crimes of murder, rape and deportation or forcible transfer of population.
    Status
    2778
    Case number
    ICC-01/14

  • 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

    ICTY - Dusko Tadic (“Prijedor”)

    Year
    2000
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Mutilation Insufficient Evidence Gang Rape Aiding and Abetting Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/787/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dusko Tadic
    Charges
    - Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner.- Persecution as a crime against humanity as far as the sexual violence crimes were concerned.
    Trial chamber verdict
    Tadic was found guilty by the Trial Chamber on 7 May 1997 of:- Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity Tadic was found not guilty by the Trial Chamber of:- Persecution as a crime against humanity as far as the sexual violence crimes were concerned. According to the Trial Chamber there was insufficient evidence regarding Tadic’s participation in sexual assault and torture inflicted through gang-rapes.
    sentencing
    Tadic was sentenced to 20 years’ imprisonment on 26 January 2000.
    Appeals chamber verdict
    The Appeals Chamber found Tadic on 15 July 1999 additionally guilty of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner as it was not established that the victims were protected persons. Thus, for the same acts as he was found guilty by the Trial Chamber.
    Status
    2715
    Case number
    IT-94-1

  • Literature

    Kramer, Sophie - Forced Marriage and the Absence of Gang Rape

    Year
    2012
    Issues
    Socio-cultural Context of Sexual Violence
    Country
    Uganda
    Keywords
    Gang Rape Forced Marriage Soldiers Sexual War Violence Attack against a Civilian Population

    Reference link
    https://academiccommons.columbia.edu/doi/10.7916/D8QC01G1
    Full reference
    Kramer, Sophie, "Forced Marriage and the Absence of Gang Rape: Explaining Sexual Violence by the Lord’s Resistance Army in Northern Uganda", in The Journal of Politics and Society, 2012, vol. 23, no. 10, pp. 11-49.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Kramer, Sophie

  • Jurisprudence judicial mechanism

    Military Court in Bukavu - Bedi Mobuli Engangela

    Year
    2014
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Witness Protection Gang Rape Militia

    Reference link
    https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15436&LangID=E
    Type of mechanism
    Military Tribunal
    Name of mechanism
    Military Court in Bukavu
    Name of accused
    Bedi Mobuli Engangela
    Charges
    Engangela was charged with crimes against humanity, including rape and sexual slavery for crimes committed in eastern DRC between 2005 and 2007 during which period he had deserted to lead a militia that attacked several villages.
    Trial chamber verdict
    On 15 December 2014, the military court found Engangela guilty of crimes against humanity, including (gang) rape and sexual slavery. A total of 80 victims testified in this trial, of which 31 were victims of sexual violence.
    sentencing
    Engangela was sentenced to life imprisonment (for murder, he received life imprisonment; for rape 20 years’ imprisonment; for sexual slavery and other inhuman actions 15 years’ imprisonment).
    Status
    2715

  • Jurisprudence judicial mechanism

    USA Court of Appeals for the Sixth Circuit - Steven D. Green (“Al-Mahmudiyah massacre”)

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    United States of America
    Keywords
    Rape War Crimes Child Sex Abuse/Molestation Children under 15 Children in Armed Conflict Civilian Gang Rape

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1197
    Type of mechanism
    Domestic court
    Name of mechanism
    USA Court of Appeals for the Sixth Circuit
    Name of accused
    Steven D. Green
    Charges
    Green was charged with several crimes of murder and aggravated sexual abuse (of a child) under the Military Extraterritorial Jurisdiction Act (MEJA).
    Trial chamber verdict
    On 7 May 2009, the jury found him guilty of rape and murder.
    sentencing
    Green received a life sentence without parole on 4 September 2009. he persuambly committed suicide and was found dead in his prison on 18 February 2014. [Of the four other soldiers involved in the crimes, three pleaded guilty in court-martial proceedings: Spc. James P. Barker and Sgt. Paul E. Cortez were sentenced to 90 and 100 years respectively, while Pfc. Bryan L. Howard, who had prior knowledge of the plans, was sentenced to 27 months in jail. The fourth, Pfc. Jesse V. Spielman, was convicted by a military jury and sentenced to 110 years.]
    Appeals chamber verdict
    The US Court of Appeals upheld his conviction on 16 August 2011.
    Status
    2715
    Case number
    09-6108/6123

  • Jurisprudence judicial mechanism

    USA Supreme Court - Emmanuel Constant (“Doe v. Constant”)

    Year
    2010
    Issues
    Sentencing and Reparations
    Country
    United States of America
    Keywords
    Forced to watch Rape Forced Rape of Family Members Gang Rape Terrorism

    Reference link
    http://www.internationalcrimesdatabase.org/Case/1116
    Type of mechanism
    Domestic court
    Name of mechanism
    US Supreme Court
    Name of accused
    Emmanuel Constant
    Charges
    Torture, crimes against humanity and the systematic use of violence against women (including rape in 2006) under the Alien Tort Statute and the Torture Victim Protection Act.
    Trial chamber verdict
    On 16 August 2006, the Court found Constant guilty of torture, crimes against humanity and the systematic use of violence against women (including rape in 2006).
    sentencing
    Appeals chamber verdict
    Constant appealed the decision to the U.S. Court of Appeals for the Second Circuit. On December 1, 2009, the Second Circuit rejected Constant’s appeal and upheld the $19 million judgment against him. Constant filed a petition for panel rehearing or rehearing en banc by the full Second Circuit Court of Appeals, which was denied on February 23, 2010. Finally, on October 4, 2010 the U.S. Supreme Court issued an order denying Constant’s petition for a writ of certiorari.
    Status
    2715
    Case number
    08-4827-cv
    Reparations / awards
    <span style="text-align: justify; line-height: 13.8px;">Constant was ordered to pay $19 million in compensatory and punitive damages to three women who survived the crimes committed under his control.</span>

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