Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 20 of 37 results.
-
Literature
Haenen, Iris - Force & Marriage. The Criminalisation of Forced Marriage...
- Year
- 2014
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- United Kingdom, Sierra Leone, Cambodia, Netherlands
- Keywords
- Forced Marriage Genocide Rome Statute Domestic Law Crimes Against Humanity
- Reference link
- https://pure.uvt.nl/ws/portalfiles/portal/12533518/Haenen_Force_24_06_2014_emb_tot_25_06_2016_zonder_titpag.pdf
- Full reference
- Haenen, Iris, Force & Marriage. The Criminalisation of Forced Marriage in Dutch, English and International Criminal Law, Intersentia, Cambridge/Antwerp, 2014.
- Type of literature
- Book
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Haenen, Iris
- Type of mechanism
- International Criminal Tribunal/Court, Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL), Extraordinary Chambers of the Courts of Cambodia (ECCC), International Criminal Court
-
Literature
Hirschauer, Sabine - The Secularization of Rape...
- Year
- 2014
- Issues
- Sexual Violence as a Weapon of War
- Country
- Rwanda, Bosnia Herzegovina
- Keywords
- Mass Rape Genocide
- Reference link
- https://www.palgrave.com/us/book/9781137410818
- Full reference
- Hirschauer, Sabine, The Secularization of Rape: Women, War and Sexual Violence, Palgrave Macmillan, 2014.
- Type of literature
- Book
- Research focus
- Causality, Functionality and Logic of Conflict-related Sexual Violence
- Author
- Hirschauer, Sabine
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR)
-
Literature
Hogg, Nicole - Women’s Participation in the Rwandan Genocide...
- Year
- 2010
- Issues
- Female Perpetrators of Sexual Violence
- Country
- Rwanda
- Keywords
- Genocide Hatred Propaganda Women as Combatants
- Reference link
- http://www.corteidh.or.cr/tablas/r24600.pdf
- Full reference
- Hogg, Nicole, "Women’s Participation in the Rwandan Genocide: Mothers or Monsters?", in International Review of the Red Cross , 2010, vol. 92, no. 877, pp. 69-102.
- Type of literature
- Journal Article
- Research focus
- Perpetrators and Prevention
- Author
- Hogg, Nicole
- Type of mechanism
- International Criminal Tribunal/Court, Domestic court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR), Gacaca Court
-
Literature
Human Rights Watch - Justice Compromised: The Legacy of Rwanda’s Community...
- Year
- 2011
- Country
- Rwanda
- Keywords
- Gender-Based Violence Fair Representation Fair Trial Genocide Rape
- Reference link
- https://www.hrw.org/report/2011/05/31/justice-compromised/legacy-rwandas-community-based-gacaca-courts
- Full reference
- Human Rights Watch, "Justice Compromised: The Legacy of Rwanda’s Community Based Gacaca Courts", available at https://www.hrw.org/report/2011/05/31/justice-compromised/legacy-rwandas-community-based-gacaca-courts, last accessed at 01 February 2019.
- Type of literature
- Grey Literature
- Research focus
- Gaps in the Jurisprudence and Legislation on Conflict-related Sexual Violence crimes
- Author
- Human Rights Watch
- Type of mechanism
- Domestic court
- Name of mechanism
- Gacaca Court
-
Jurisprudence judicial mechanism
ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)
- Issues
- Modes of Liability
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes 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
- Aloys Ntabakuze
- Charges
- Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, 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 a war crime and 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 a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
- Trial chamber verdict
- Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
- sentencing
- Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
- Appeals chamber verdict
- The acquittal for the sexual violence was not appealed by the Prosecution.
- Status
- 2715
- Case number
- ICTR-98-41
-
Jurisprudence judicial mechanism
ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes 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
- Anatole Nsengiyumva
- Charges
- Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, 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 a war crime and 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 a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
- Trial chamber verdict
- Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
- sentencing
- Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
- Appeals chamber verdict
- The acquittal for the sexual violence was not appealed by the Prosecution.
- Status
- 2715
- Case number
- ICTR-98-41
-
Jurisprudence judicial mechanism
ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes
- Reference link
- Click here
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Casimir Bizimungu
- Charges
- Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
- Trial chamber verdict
- Mid-trial, in 2005, Bizimungu was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
- Appeals chamber verdict
- Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
-
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
-
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 - 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
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