Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 24 results.

  • 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)

  • 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

  • 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

  • Jurisprudence judicial mechanism

    ICTR - Joseph Nzirorera (“Karemera et al.”)

    Year
    2010
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Sexual Violence as Genocide Death of Accused

    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
    Joseph Nzirorera
    Charges
    Nzirorera was charged with: - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life upon the Tutsi population that were calculated to bring about its physical destruction as genocide or, alternatively, causing serious bodily or mental harm or deliberately inflicting conditions of life upon the Tutsi population that were calculated to bring about its physical destruction as complicity in genocide under Article 6(1) (direct responsibility) (JCE III) for the following: in Ruhengeri prefecture during early-mid April 1994, Kigali-ville prefecture during April 1994, Butare prefecture during mid-late April 1994, Kibuye prefecture during May - June 1994, and Gitarama prefecture during April and May 1994, and throughout Rwanda, Interahamwe and militiamen raped and sexually assaulted Tutsi women and girls throughout Rwanda, causing them serious bodily or mental harm. Such serious bodily or mental harm inflicted upon Tutsi women and girls was intended to destroy the capacity of persons of Tutsi ethnic or racial identity to sustain themselves physically or psychologically as a group, or to reproduce themselves as a group. - Rape as a crime against humanity under Articles 6(1) (direct responsibility) (JCE III) and 6(3) (command responsibility) in that on or between the dates of 6 April and 17 July 1994, throughout the territory of Rwanda, Nzirorera was responsible for raping persons or causing persons to be raped, as part of a widespread or systematic attack against a civilian population on political, ethnic, or racial grounds, committed as follows: (i) Interahamwe and other militiamen raped Tutsi women and girls in Ruhengeri prefecture during early-mid April 1994, Kigali-ville prefecture during April 1994, Butare prefecture during mid-late April 1994, Kibuye prefecture during May - June 1994, and Gitarama prefecture during April and May 1994.
    Trial chamber verdict
    Nzirorera, however, died (in 2010) during trial and the proceedings against him were terminated.
    Status
    2715
    Case number
    ICTR-98-44

  • Literature

    Mullins, Christopher W. - We Are Going to Rape You and Taste Tutsi Women

    Year
    2009
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Genocidal Rape Sexual Slavery Mass Rape Genocide

    Reference link
    https://academic.oup.com/bjc/article-abstract/49/6/719/414361?redirectedFrom=fulltext
    Full reference
    Mullins, Christopher W., “'We Are Going to Rape You and Taste Tutsi Women': Rape During the 1994 Rwandan Genocide", in British Journal of Criminology, 2009, vol. 49, no. 6,pp. 719-735.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Mullins, Christopher W.
    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)

  • Jurisprudence judicial mechanism

    ICTR - Jean Mpambara

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Genocidal Rape Hutu Tutsi Joint Criminal Enterprise (JCE) Aiding and Abetting

    Reference link
    http://www.unictr.org/en/cases/ictr-01-65
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean Mpambara
    Charges
    Mpambara was charged with the following sexual violence crimes: Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 6(1) (aiding and abetting by omission or, alternatively, JCE III) for acts of sexual violence committed against Tutsi women between 6 and 16 April 1994, including: (i) the rape of a Tutsi woman by two attackers in Gahini sector, in Rukara commune, on or about 8 April 1994; (ii) the rape of a pregnant Hutu woman married to a Tutsi man by multiple attackers in Nyawera sector, in Rukara commune, on or about 11 April 1994; and (iii) the rapes of a number of Tutsi women by soldiers during the attacks on Rukara parish between 7 and 16 April 1994.
    Trial chamber verdict
    Mpambara was found not guilty of all charges by the Trial Chamber on 12 September 2006, thus including sexual violence, and was acquitted.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittal.
    Status
    2715
    Case number
    ICTR-01-65

  • Jurisprudence judicial mechanism

    ICTR - Sylvestre Gacumbitsi

    Year
    2006
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Lack of Consent Coercion

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-64
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Sylvestre Gacumbitsi
    Charges
    -Causing serious or bodily mental harm as genocide and rape as a crime against humanity under Article 6(1) (direct responsibility) (instigating) for the rapes of Witness TAQ and seven other Tutsi women and girls by attackers.
    Trial chamber verdict
    Gacumbitsi was found guilty by the Trial Chamber (on 17 June 2004) of:- Causing serious or bodily mental harm as genocide and rape as a crime against humanity
    sentencing
    Gacumbitsi was sentenced to life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber upheld the sexual violence convictions on 7 July 2006
    Status
    2715
    Case number
    ICTR-01-64

  • 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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