Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    ICTR - Théoneste Bagosora (Bagasora et al. "Military I")

    Year
    2011
    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Rape with Foreign Objects Improper Charges Inhuman Treatment Conspiracy

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-41
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Théoneste Bagosora
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(3) (command responsibility) for ordering crimes at Kigali area roadblock, including rapes and other forms of sexual violence; and under Article 6(3) (command responsibility) for the rape of a woman and the stripping of female Tutsi refugees at the Saint Josephite Centre and the rapes and sexual violence in Gikondo parish.- 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 a war crime under Article 6(3) (command responsibility) for the rapes committed at Kigali area roadblocks, the Saint Josephite centre and Gikondo parish. - Persecution as a crime against humanity under Article 6(3) (command responsibility) for ordering crimes at Kigali area roadblocks, which included rapes; and under Article 6(3) (command responsibility) for rapes committed at the Saint Josephite center and Gikondo parish. - Other inhumane acts as crimes against humanity under Article 6(3) (command responsibility) for the stripping of Tutsi female refugees at the Saint Josephite Centre and for the insertion of a bottle into Prime Minister Agathe Uwilingiyimana’s vagina after her death. - Violence to life, health and physical or mental well-being of persons 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). - Conspiracy to commit genocide under Article 6(3) (command responsibility).
    Trial chamber verdict
    Bagasora was found guilty by the Trial Chamber on 18 December 2008 of: - Causing serious bodily or mental harm as genocide - Rape as a crime against humanity and outrages upon personal dignity - Persecution as a crime against humanity - Other inhumane acts as crimes against humanity Bagasora was found not guilty by the Trial Chamber of: - Violence to life, health and physical or mental well-being of persons 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 - Conspiracy to commit genocide as the Prosecution had not proven beyond reasonable doubt that the accused (besides Bagasora, Kabiligi, Ntabakuze and Nsengiyumva) had conspired among themselves or with others to commit genocide before it started.
    sentencing
    Bagasora was sentenced to 35 years’ imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 14 December 2011 reversed the finding of the Trial Chamber, with Judge Pocar dissenting, that Bagasora was guilty of other inhumane acts as crimes against humanity under Article 6(3) (command responsibility) for the insertion of a bottle into Prime Minister Agathe Uwilingiyimana’s vagina after her death, as this was not properly charged (charged was that the Prime Minister was first sexually assaulted and then killed). In addition, the Appeals Chamber held that the ordering of the sexual violence crimes at the roadblocks in Kigali area where all done under Article 6(3) and not also under Article 6(1), as previously held by the Trial Chamber. The other sexual violence convictions were upheld by the Appeals Chamber.
    Status
    2715
    Case number
    ICTR-98-41

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