Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 24 results.
-
Literature
African Rights - Rwanda – Not So Innocent: When Women Become Killers
- Year
- 1995
- Issues
- Female Perpetrators of Sexual Violence
- Country
- Rwanda
- Keywords
- Genocide Genocidal Rape Sexual Violence as Genocide
- Reference link
- https://www.scribd.com/document/21263653/Rwanda-Not-so-Innocent-When-Womens-Became-Killers-Africa-Rights-August-1995
- Full reference
- African Rights, Rwanda – Not So Innocent: When Women Become Killers, African Rights, London, 1995.
- Type of literature
- Grey Literature
- Research focus
- Perpetrators and Prevention
- Author
- African Rights
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
-
Literature
Chenault, Suzanne - And Since Akayesu?...
- Year
- 2007
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Armed Conflict Mass Violence Genocidal Rape Progress
- Reference link
- https://www.womenslinkworldwide.org/files/gjo_analysis_caseProsecutorvJeanPaulAkayesu_en.pdf
- Full reference
- Chenault, Suzanne, "And Since Akayesu? The Development of ICTR Jurisprudence on Gender Crimes: A Comparison of Akayesu and Muhimana", in New Eng. J. Int’l & Comp. L., 2007-2008, vol. 14, no. 1, pp. 221-237.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Chenault, Suzanne
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
-
Literature
Copelon, Ronda - Gender Crimes as War Crimes...
- Year
- 2000
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Japan, Rwanda, Former Yugoslavia
- Keywords
- Genocidal Rape Comfort Women Gender Violence NGO Prosecution
- Reference link
- https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Ficcwomen.org%2Fpublications%2Farticles%2Fdocs%2FGender_Crimes_as_War_Crimes.doc
- Full reference
- Copelon, Ronda, "Gender Crimes as War Crimes: Integrating Crimes against Women into International Criminal Law", in McGill Law Journal, vol. 46, no. 1, 2000, pp. 217-240.
- Type of literature
- Journal Article
- Research focus
- Investigation, Prosecution and Prevention of Conflict related Sexual Violence
- Author
- Copelon, Ronda
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Literature
De Brouwer, Anne-Marie and Kaitesi, Usta - Sexual Violence
- Year
- 2016
- Issues
- Definitions/Elements of Sexual Violence Crimes Modes of Liability Female Perpetrators of Sexual Violence Sexual Violence against Men
- Country
- Rwanda
- Keywords
- War Crimes Genocidal Rape Dead Animal Prosecution
- Reference link
- https://www.elgaronline.com/view/edcoll/9781784711696/9781784711696.00015.xml
- Full reference
- De Brouwer, Anne-Marie and Usta Kaitesi, "Sexual Violence", in Anne-Marie de Brouwer and Alette Smeulers (eds.), Elgar Companion to the International Criminal Tribunal for Rwanda (ICTR), Edward Elgar Publishing 2016, pp. 171-201.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- De Brouwer, Anne-Marie and Kaitesi, Usta
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
-
Literature
Fischer, Siobhan K. - Occupation of the Womb: Forced Impregnation as Genocide
- Year
- 1996
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Genocidal Rape Forced Impregnation Humanitarian Law Ethnicity
- Reference link
- https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=http://scholar.google.de/&httpsredir=1&article=3320&context=dlj
- Full reference
- Fischer, Siobhan K., Occupation of the Womb: Forced Impregnation as Genocide, in Duke Law Journal, 1996, vol. 46, no. 1, pp. 91-133.
- Type of literature
- Journal Article
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Fischer, Siobhan K.
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
-
Jurisprudence judicial mechanism
ICC - Omar Hassan Ahmad Al Bashir
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Sudan
- Keywords
- Accused at large Genocidal Rape Specific Intent
- Reference link
- https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc02050109/Pages/icc02050109.aspx
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Court
- Name of accused
- Omar Hassan Ahmad Al Bashir
- Charges
- In the first warrant of arrest of 4 March 2009, Al Bashir was charged with crimes against humanity and war crimes, including sexual violence, namely: - Rape as a crime against humanity for the rapes of civilian women, belonging primarily to the Fur, Masalit and Zaghawa groups, were subjected to acts of rape by Government forces of Sudan. These rapes were committed, inter alia, in the towns of Bindisi and Arawala in West Darfur between August and December 2003; the town of Kailek in South Darfur in February and March 2004; and the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. On 6 July 2009, the Prosecutor appealed the decision to the extent that Pre-Trial Chamber I decided not to issue a warrant of arrest in respect of the charge of genocide, which included sexual violence. On 3 February 2010, the Appeals Chamber directed the Pre-Trial Chamber to decide anew whether or not the arrest warrant should be extended to cover the charge of genocide. Applying the standard of proof as identified by the Appeals Chamber, Pre-Trial Chamber I concluded, on 12 July 2010, that there are reasonable grounds to believe that Al Bashir acted with specific intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups. The Chamber delivered a second warrant of arrest (on 12 July 2010) against Al Bashir, considering that there are reasonable grounds to believe him responsible for three counts of genocide committed against the ethnic groups of Fur, Masalit and Zaghawa, which included charges of sexual violence, namely: - Causing serious bodily or mental harm as genocide, including subjecting, throughout the Darfur region, thousands of civilian women, belonging primarily to the Fur, Masalit and Zaghawa groups, to acts of rape by Government forces of Sudan. This included, inter alia, (i) the towns of Bindisi and Arawala in West Darfur between August and December 2003; (ii) the town of Kailek in South Darfur in February and March 2004; and (iii) the towns of Sirba and Silea in Kulbus locality in West Darfur between January and February 2008. For both charges, Al Bashir is held criminally responsible as an indirect perpetrator, or as an indirect co-perpetrator, under article 25(3)(a) of the Statute.
- Status
- 2778
- Case number
- ICC-02/05-01/09
-
Jurisprudence judicial mechanism
ICTR - Alfred Musema
- Year
- 2001
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Acquittal Akayesu Crimes Against Humanity Genocidal Rape Mutilation
- Reference link
- http://www.unictr.org/en/cases/ictr-96-13
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Alfred Musema
- Charges
- Causing serious bodily and mental harm as genocide under Article 6(1) (committing and aiding and abetting), including raping a young Tutsi woman named Nyiramusugi, and rape as a crime against humanity under Article 6(1) (committing) for raping Nyiramusugi.
- Trial chamber verdict
- Musema was convicted by the Trial Chamber (on 27 January 2000) for causing serious bodily and mental harm as genocide.
- sentencing
- The Appeals Chamber confirmed the sentence of life imprisonment.
- Appeals chamber verdict
- The convictions were reversed on appeal. The Appeals Chamber heard out-of-court statements of Witnesses CB and EB. It held that if these testimonies had been available at trial, there would have been a reasonable doubt as to the guilt of Musema with respect to the rape of Nyiramusugi. It thus found Alfred Musema not guilty of rape as a crime against humanity but affirmed the verdict of culpability for genocide and extermination as crime against humanity.
- Status
- 2715
- Case number
- ICTR-96-13
-
Jurisprudence judicial mechanism
ICTR - Edouard Karemera (“Karemera et al.”)
- Year
- 2014
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Genocidal Rape Joint Criminal Enterprise (JCE) Sexual Violence as Genocide Superior Responsibility
- Reference link
- http://unictr.unmict.org/en/cases/ictr-98-44
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Edouard Karemera
- Charges
- - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide. -Rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. (As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture, Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe).
- Trial chamber verdict
- Karemera was found guilty by the Trial Chamber on 2 February 2012 of:- Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide-Rape as a crime against humanity
- sentencing
- Karemera received a sentence of life imprisonment.
- Appeals chamber verdict
- The Appeals Chamber on 29 September 2014 reversed the Trial Chamber’s finding that Karemera bore superior responsibility over the Kigali and/or Gisenyi Interahamwe in relation to the rapes and sexual assaults of Tutsi women committed outside Kigali from April to June 1994. The other sexual violence convictions by the Trial Chamber remained standing.
- Status
- 2715
- Case number
- ICTR-98-44
-
Jurisprudence judicial mechanism
ICTR - Idelphonse Hategekimana
- Year
- 2012
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Genocidal Rape Tutsi Acquittal Command Responsibility Genocidal Intent
- Reference link
- http://www.unictr.org/en/cases/ictr-00-55b
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Idelphonse Hategekimana
- Charges
- - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rape of Nura Sezirahiga by a soldier from Ngoma Military Camp, during an attack led by Hategekimana.- Causing serious bodily or mental harm as genocide under Article 6(1) (JCE) for the sexual violence.
- Trial chamber verdict
- Hategekimana was found guilty by the Trial Chamber on 6 December 2010 of: - Rape as a crime against humanity Hategekimana was found not guilty by the Trial Chamber of: - Causing serious bodily or mental harm as genocide as the Trial Chamber found that the evidence did not establish that Nura Sezirahiga was a Tutsi or that she was raped with genocidal intent.
- sentencing
- Hategekimana was sentenced to life imprisonment.
- Appeals chamber verdict
- Hategekimana’s acquittal for genocide was not appealed by the prosecution. The Appeals Chamber on 8 May 2012 confirmed the conviction for sexual violence by the Trial Chamber.
- Status
- 2715
- Case number
- ICTR-00-55B
-
Jurisprudence judicial mechanism
ICTR - Jean de Dieu Kamuhanda
- Year
- 2005
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Inhuman Treatment Genocidal Rape
- Reference link
- http://www.unictr.org/en/cases/ictr-99-54a
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Jean de Dieu Kamuhanda
- Charges
- Rape as a crime against humanity, other inhumane acts as crimes against humanity, 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 war crimes and violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(1) (direct responsibility) and 6(3) (command responsibility), for the rapes of Tutsi women committed during various attacks, including on the school in Kikomero, in Kigali-rural prefecture, on or about 12 April 1994.
- Trial chamber verdict
- The Trial Chamber on 22 January 2004 found Kamuhanda not guilty of all sexual violence charges. The Trial Chamber held that there was insufficient evidence of the alleged sexual violence.
- sentencing
- Kamuhanda was sentenced to life imprisonment on 19 September 2005.
- Appeals chamber verdict
- The Prosecution did not appeal Kamuhanda’s acquittals for the sexual violence crimes.
- Status
- 2715
- Case number
- ICTR-99-54A
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