Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 24 results.

  • 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 - 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

  • Jurisprudence judicial mechanism

    ICTR - Omar Serushago

    Year
    2000
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Tutsi Militia Plea Agreement Genocide Genocidal Rape

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-39
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Omar Serushago
    Charges
    Serushago was charged with genocide and murder, extermination, torture and rape as crimes against humanity. With regard to rape as a crime against humanity he was charged under Article 6(3) (command responsibility) for: (i) the rape of a Tutsi victim at the Commune Rouge in Gisenyi by Bernard Munyagishari in the presence of Serushago at the end of April 1994; and (ii) between April and July 1994, subordinates of Serushago, including Damas, Michel and Migendo, raped or sexually assaulted Tutsi women with the knowledge of Serushago.
    Trial chamber verdict
    As Serushago pleaded guilty, the Trial Chamber found him guilty of genocide and murder, extermination and torture as crimes against humanity.
    sentencing
    Serushago received a sentence of 15 years’ imprisonment on 14 February 2000. He was granted early release on 13 December 2012.
    Appeals chamber verdict
    The Appeals Chamber dismissed both ground of Appeal (Failure to give due weight to the mitigating factors in his case Manifestly excessive sentence) and upheld the Trial Chamber's sentence.
    Status
    2715
    Case number
    ICTR-98-39-T

  • 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

    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

    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

  • 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

  • Literature

    Kalosieh, Adrienne - Consent to Genocide?...

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Consent Ethnic Cleansing Coercion

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/worts24&div=15&id=&page=
    Full reference
    Kalosieh, Adrienne, "Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca", in 24 Women’s Rights Law Reporter, 2003, vol. 24, no. 121, pp. 121-135.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalosieh, Adrienne
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Literature

    Karagiannakis, Magdalini - The Definition of Rape and Its Characterization...

    Year
    1999
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Genocidal Rape Akayesu

    Reference link
    https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/case-analysis-the-definition-of-rape-and-its-characterization-as-an-act-of-genocide-a-review-of-the-jurisprudence-of-the-international-criminal-tribunals-for-rwanda-and-the-former-yugoslavia/345293F0173D281436533267A9085638
    Full reference
    Karagiannakis, Magdalini, "The Definition of Rape and Its Characterization as an Act of Genocide – A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the former Yugoslavia", in Leiden Journal of International Law, 1999, vol. 12, no. 2, pp. 479-490.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Karagiannakis, Magdalini
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for Former Yugoslavia (ICTY)

  • Jurisprudence judicial mechanism

    Kosovo UNMIK and EULEX - Milos Jokic

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kosovo
    Keywords
    Acquittal Credibility or Character of the Victim Genocidal Rape

    Reference link
    http://www.balkaninsight.com/en/article/serbs-acquitted-of-war-rapes-in-kosovo
    Type of mechanism
    District Court
    Name of mechanism
    Gjilan/Gnjilane District Court
    Name of accused
    Milos Jokic
    Charges
    Jokic was charged with genocide, including with: - the rape of a Kosovo Albanian female on 30 May 1999. On the first day of trial the prosecutor filed an amended indictment which included this allegation of rape.
    Trial chamber verdict
    The trial took place in Gjilan/Gnjilane District Court, between 15 May and 20 September 2000, before a majority local panel (with one international judge), and with a local public prosecutor, which convicted Jokic of war crimes, including rape, FRY Criminal Code 142, and sentenced him to 20 years’ imprisonment.
    Appeals chamber verdict
    On 26 April 2001 the Supreme Court reversed the conviction on the grounds that the District Court had failed to consider the evidence carefully and had failed to call Defense witnesses. The case was remanded back to the Gjilan/Gnjilane District Court. A majority international UNMIK panel and an international UNMIK prosecutor handled the retrial of the case. On 3 May 2002, the panel found Jokic not guilty on all counts on the grounds that the eye-witness identification was not credible.
    Status
    2715

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