Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 21 to 30 of 37 results.

  • 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 - 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

    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

  • 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

  • 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

    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

    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

    Mullins, Christopher W. - He Would Kill Me With His Penis

    Year
    2009
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Sexual Assault/Attack/Abuse Sexual Mutilation Survivor Genocide

    Reference link
    http://https//link.springer.com/article/10.1007%2Fs10612-008-9067-3
    Full reference
    Mullins, Christopher W., “'He Would Kill Me With His Penis': Genocidal Rape in Rwanda as a State Crime", 17 Critical Criminology, 2009, vol. 17, no. 1, pp. 15-33.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Mullins, Christopher W.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Mullins, Christopher W. - We Are Going to Rape You and Taste Tutsi Women

    Year
    2009
    Issues
    Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Genocidal Rape Sexual Slavery Mass Rape Genocide

    Reference link
    https://academic.oup.com/bjc/article-abstract/49/6/719/414361?redirectedFrom=fulltext
    Full reference
    Mullins, Christopher W., “'We Are Going to Rape You and Taste Tutsi Women': Rape During the 1994 Rwandan Genocide", in British Journal of Criminology, 2009, vol. 49, no. 6,pp. 719-735.
    Type of literature
    Journal Article
    Research focus
    Causality, Functionality and Logic of Conflict-related Sexual Violence
    Author
    Mullins, Christopher W.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Literature

    Obote-Odora - Rape and Sexual Violence in International Law...

    Year
    2005
    Country
    Rwanda
    Keywords
    Prosecution Actus Reus Genocide

    Reference link
    http://https//heinonline.org/HOL/LandingPage?handle=hein.journals/newenjic12&div=13&id=&page=
    Full reference
    Obote-Odora, Alex, "Rape and Sexual Violence in International Law: ICTR Contribution", in New Eng. J. Int’L & Comp. L., 2005, vol. 12, no. 1, pp. 135-159.
    Type of literature
    Journal Article
    Research focus
    Investigation, Prosecution and Prevention of Conflict related Sexual Violence
    Author
    Obote-Odora, Alex
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

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