Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 24 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)

  • 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 - Simon Bikindi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Complicity Genocidal Rape Insufficient Evidence Tutsi

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-72
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simon Bikindi
    Charges
    Bikindi was charged with sexual violence crimes - i.e. causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (ordering, instigating or aiding and abetting) and Article 6(3) (command responsibility) or, in the alternative, complicity in genocide under Article 6(1) (ordering, instigating or aiding and abetting) for, inter alia, rapes and acts of sexual violence committed by Interahamwe under his effective control against Tutsi women (including the rape of a woman named Ancilla), in the course of the execution of his orders to kill all Tutsi in Rubavu area.
    Trial chamber verdict
    The Trial Chamber (on 2 December 2008) held that Bikindi was not guilty thereof as the Prosecution had not proven these charges beyond reasonable doubt.
    sentencing
    Bikindi received a sentence of 15 years’ imprisonment on 18 March 2010 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber dismissed all of Bikindi's grounds of appeal.
    Status
    2715
    Case number
    ICTR-01-72

  • Jurisprudence judicial mechanism

    ICTY - Ratko Mladic

    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Joint Criminal Enterprise (JCE) Genocidal Rape

    Reference link
    http://www.icty.org/cases/party/704/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Ratko Mladic
    Charges
    Mladic is charged with a number of sexual violence crimes, i.e.: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about physical destruction as genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which includes rape and other acts of sexual violence carried out by Bosnian Serb Political and Governmental Organs and Serb Forces against Bosnian Muslims and Bosnian Croats in detention facilities; - Persecution as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility) through rape and other acts of sexual violence carried out by Bosnian Serb Political and Governmental Organs and Serb Forces against Bosnian Muslims and Bosnian Croats during and after takeovers and in detention facilities; - Deportation as a crime against humanity and inhumane acts (forcible transfer) as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility) of Bosnian Muslim and/or Bosnian Croats by forcibly displacing them as a result of certain crimes or the threat thereof, including rape and other acts of sexual violence.
    sentencing
    On 22 November 2017, Mladic was sentenced to life imprisonment by an ICTY Trial Chamber.
    Status
    2778
    Case number
    IT-09-92

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