Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 20 of 37 results.

  • Literature

    Miller, Alexandra A. - From the International Criminal Tribunal for Rwanda...

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Genocide Akayesu

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/dlr108&div=25&id=&page=
    Full reference
    Miller, Alexandra A., "From the International Criminal Tribunal for Rwanda to the International Criminal Court: Expanding the Definition of Genocide to Include Rape", in Penn State Law Review, 2003, vol. 108, pp. 349-373.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Miller, Alexandra A.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR), International Criminal Court

  • Literature

    Lyons, Margaret A. - Hearing the Cry without Answering the Call...

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda, Former Yugoslavia
    Keywords
    Akayesu Genocide Soldiers Prosecution

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/sjilc28&div=7&id=&page=
    Full reference
    Lyons, Margaret A., "Hearing the Cry without Answering the Call: Rape, Genocide, and the Rwandan Tribunal", in Syracuse Journal of International Law and Commerce, 2001, vol. 28, pp. 99-124.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Lyons, Margaret A.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Kalra, Monika S. - Forced Marriage: Rwanda’s Secret Revealed...

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Forced Marriage Genocide Prosecution Investigation

    Reference link
    https://heinonline.org/HOL/LandingPage?handle=hein.journals/ucdl7&div=12&id=&page=
    Full reference
    Kalra, Monika Satya, "Forced Marriage: Rwanda’s Secret Revealed", in U.C. Davis Journal of International Law and Policy, 2001, vo. 7, pp. 197-221.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Kalra, Monika S.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Jones, Adam - Gender and Genocide in Rwanda

    Year
    2002
    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Genocide Survivor Killings Human Rights Work Gender-inclusive Approach

    Reference link
    https://www.researchgate.net/profile/Adam_Jones47/publication/240532565_Gender_and_Genocide_in_Rwanda/links/5a691b5ea6fdcccd01a19a35/Gender-and-Genocide-in-Rwanda.pdf
    Full reference
    Jones, Adam, "Gender and Genocide in Rwanda", in Journal of Genocide Research, 2002, vol 4, no. 1, pp. 65-94.
    Type of literature
    Journal Article
    Research focus
    Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
    Author
    Jones, Adam

  • Jurisprudence judicial mechanism

    ICTY - Radislav Krstic (“Srebrenica-Drina Corps”)

    Year
    2004
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Ethnic Cleansing Joint Criminal Enterprise (JCE) Mental Harm Genocide

    Reference link
    http://www.icty.org/cases/party/711/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Radislav Krstic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE III) for the incidental rapes committed against the Bosnian Muslims as they were natural and foreseeable consequences of the joint criminal enterprise implemented at Potocari on 12 and 13 July 1995.
    Trial chamber verdict
    Krstic was found guilty by the Trial Chamber on 2 August 2001 of:- Persecution as a crime against humanity
    sentencing
    Krstic received a sentence of 35 years’ imprisonment on 19 April 2004.
    Appeals chamber verdict
    The Appeals Chamber upheld the conviction 19 April 2004.
    Status
    2715
    Case number
    IT-98-33

  • Jurisprudence judicial mechanism

    ICTR - Prosper Mugiraneza (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Insufficient Evidence Outrages upon Personal Dignity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Prosper Mugiraneza
    Charges
    Mugiraneza was charged in the indictment with:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
    Trial chamber verdict
    The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Mugiraneza was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugiraneza was acquitted by the Trial Chamber on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
    Appeals chamber verdict
    Mugiraneza was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • 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 - Jean Baptiste Gatete

    Country
    Rwanda
    Keywords
    Acquittal Genocide Tutsi Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean Baptiste Gatete
    Charges
    Genocide and rape as a crime against humanity under Article 6(1) for: (i) transporting a convoy of armed Interahamwe to Akarambo cellule where he ordered, commanded or incited the Interahamwe to rape Tutsi civilians during the morning of 7 April 1994 and for the subsequent rape of Witness BAT at her house in Akarambo by two Interahamwe on or about 8 April 1994 and the rape of AVO on or about 9 April 1994 as a result of his actions; (ii) inciting the local population in Rwandkuba to rape Tutsi civilians on or about 7 April 1994; (iii) ordering, supervising and participating in the rapes of Tutsi civilians at Kiziguro parish complex on or about 11 April 1994; (iv) transporting armed soldiers and Interahamwe to Mukarange parish, where Tutsis were raped as a result of his actions on or about 10 to 11 April 1994; (v) commanding the Interahamwe to rape Tutsi women at Kayonza commune office on or about 10 to 15 April 1994 and for the subsequent rapes as a result of his actions; (vi) ordering and instigating Interahamwe to rape Tutsis in Nyarusage, Nkamba and Giparara sectors and for the subsequent rapes as a result of his actions; and (vii) ordering the Interahamwe to rape Tutsis in Rukira commune in mid to late April 1994 and for the subsequent rapes as a result of his actions.
    Trial chamber verdict
    The Trial Chamber (on 31 March 2011) found Gatete to be not guilty of the sexual violence charges.
    sentencing
    Gatete was sentenced to 40 years’ imprisonment on 9 October 2012 (for other charges).
    Appeals chamber verdict
    The prosecution did not appeal the sexual violence crimes.
    Status
    2715
    Case number
    ICTR-00-61

  • Jurisprudence judicial mechanism

    ICTR - Ildephonse Nizeyimana

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Gang Rape Genocide Tutsi War Crimes

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55c
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Ildephonse Nizeyimana
    Charges
    The charges concerned:Causing serious bodily or mental harm as genocide, rape as a crime against humanity and rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Articles 6(1) and 6(3) for: (i) ordering FAR soldiers, gendarmes and officers stationed at both Ngoma Camp and ESO to rape tutsi women and for the subsequent rapes (ordering); and for (ii) ordering or instigating soldiers from the FAR, ESO, Ngoma Camp, Butare Gendarmerie Camp and Interahamwe militia to rape Tutsi women at Butare Hospital, Butare University and at various locations in Butare prefecture, including the residence of Rosalie Gicanda, and for the subsequent rapes, including the multiple rapes and gang-rapes of MKA, ZBL, BUQ, BJW and DCO (ordering or instigating).
    Trial chamber verdict
    Although Nizeyimana was charged with sexual violence crimes, the Trial Chamber (on 19 June 2012) held that no factual allegations supporting Nizeyimana’s liability for these crimes had been proven. Therefore, the counts were dismissed.
    sentencing
    Nizeyimana was sentenced to 35 years’ imprisonment on 29 September 2014 (for other charges).
    Appeals chamber verdict
    The Prosecution partly appealed these findings on sexual violence. However, the Appeals Chamber found that the Prosecution had failed to show that the Trial Chamber erred in finding that the perpetrators of the rapes at Butare Hospital were not sufficiently identified as ESO soldiers and, therefore, that it could not hold Nizeyimana liable as a superior on this basis. For these reasons, the Appeals Chamber needed not to consider the Prosecution’s arguments on whether Nizeyimana failed to prevent or punish his subordinates for the rapes committed at Butare Hospital. Based on the foregoing, the Appeals Chamber dismissed the Prosecution’s ground of Appeal.
    Status
    2715
    Case number
    ICTR-00-55C

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Rukundo

    Country
    Rwanda
    Keywords
    Genocide Mental Harm Rape, Opportunistic Crime Sexual Assault/Attack/Abuse Tutsi

    Reference link
    http://unictr.irmct.org/en/cases/ictr-01-70
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Emmanuel Rukundo
    Charges
    Causing serious mental harm as genocide under Article 6(1) (direct responsibility) (committing) for, inter alia, sexually assaulting Witness CCH, a young Tutsi woman, at the Saint Léon Minor Seminary.
    Trial chamber verdict
    Rukundo was found guilty by the Trial Chamber (on 27 February 2009), with Judge Ki Park dissenting, for causing serious mental harm as genocide.
    sentencing
    Rukundo was sentenced to 23 years’ imprisonment on 20 October 2010.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Pocar dissenting, reversed (on 20 October 2010) the above conviction as it held that the sexual act could be seen as an opportunistic crime that was not accompanied by the specific intent to commit genocide.
    Status
    2715
    Case number
    ICTR-01-70

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