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 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

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