Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 3 results.

  • Jurisprudence judicial mechanism

    ICTR - Eliézer Niyitegeka

    Year
    2004
    Issues
    Sexual Violence against Men
    Country
    Rwanda
    Keywords
    Sexual Violence against Men/Boys Rape with Foreign Objects Demasculinization/Castration Instigating

    Reference link
    http://www.unictr.org/en/cases/ictr-96-14
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Eliézer Niyitegeka
    Charges
    - Other inhumane acts as crimes against humanity under Article 6(1) for the castration of a man and hanging his genitals on a spike after he had been killed (aiding and abetting) and for ordering Interahamwe to insert a sharp piece of wood into a Tutsi woman’s vagina after she had been killed (ordering). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) and Article 6(3) (command responsibility). - 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(1) (direct responsibility) (committing) and Article 6(3) (command responsibility).
    Trial chamber verdict
    Niyitegeka was found guilty by the Trial Chamber (on 16 May 2003) of: - Other inhumane acts as crimes against humanity Niyitegeka was found not guilty by the Trial Chamber of: - Rape as a crime against humanity because there was insufficient evidence that Niyitegeka raped a young girl on 20 May 1994 near the Gisovu-Kibuye road. - 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3 common to the Geneva Conventions and of Additional Protocol II as a war crime as these charges had already been withdrawn by the Prosecution in its final trial brief.
    sentencing
    Niyitegeka received a sentence of life imprisonment.
    Appeals chamber verdict
    The conviction was affirmed by the Appeals Chamber on 9 July 2004.
    Status
    2715
    Case number
    ICTR-96-14

  • Jurisprudence judicial mechanism

    ICTR - Laurent Semanza

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Instigating Command Responsibility Insufficient Evidence Kunarac

    Reference link
    http://unictr.unmict.org/en/cases/ictr-97-20
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Laurent Semanza
    Charges
    - Rape and torture as a crime against humanity under Article 6(1) (direct responsibility) for the rape of Victim A (instigating)- Complicity in genocide under Article 6(1) (direct responsibility) -Rape as a crime against humanity under Article 6(1) (direct responsibility) (instigating, ordering and encouraging) and Article 6(3) (command responsibility) -Persecution as a crime against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility), violence to life, health and physical or mental well-being of persons, in particular cruel treatment such as rape 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, sexual abuse and other forms of indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime the latter two both under Article 6(1) (direct responsibility) (instigating, ordering and encouraging) and Article 6(3) (command responsibility)
    Trial chamber verdict
    Semanza was found guilty by the Trial Chamber (on 15 May 2003) of:- Rape and torture as a crime against humanitySemanza was found not guilty of:- Complicity in genocide as far as it concerned the sexual violence. According to the Trial Chamber the Prosecution had not adduced any evidence of rapes or other forms of sexual violence at Musha church, Mwulire hill and Mabare mosque - Rape as a crime against humanity as the charge was based on two paragraphs of the indictment that the Trial Chamber considered too vague, thereby prejudicing Semanza’s ability to prepare his defense- Persecution as a crime against humanity because the Trial Chamber found that the Prosecution did not introduce any evidence of rapes or other forms of sexual violence at Musha church, Mwulire hill and Mabare mosque
    sentencing
    Semanza received a sentence of 35 years’ imprisonment.
    Appeals chamber verdict
    The Appeals Chamber (on 20 May 2005) upheld the Trial Chamber’s sexual violence convictions against Semanza. In addition, the Appeals Chamber entered a conviction for 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 for the rape of Victim A (instigating). The Appeals Chamber held, with Judge Pocar dissenting, that the Trial Chamber had committed an error of law when it failed to enter a conviction for this count.
    Status
    2715
    Case number
    ICTR-97-20

  • Jurisprudence judicial mechanism

    ICTY - Dusko Sikirica (Sikirica et al. "Keraterm Camp")

    Year
    2001
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Camp Rape/Sexual Violence in Detention Aiding and Abetting Instigating Command Responsibility

    Reference link
    http://www.icty.org/cases/party/775/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dusko Sikirica
    Charges
    - Persecution as a crime against humanity under Article 7(3) (command responsibility) for sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs detained at the Keraterm camp.- Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as war crimes under Articles 7(1) (instigating, committing or aiding and abetting) and 7(3) (command responsibility) for sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs detained at the Keraterm camp.- Causing serious bodily or mental harm as genocide and complicity in genocide under Articles 7(1) and 7(3) for subjecting Bosnian Muslim and Bosnian Croat detainees at Keraterm camp to rapes and sexual assault.
    Trial chamber verdict
    Sikirica entered a guilty plea on 19 September 2001 and was found guilty by the Trial Chamber of: - Persecution as a crime against humanity As Sikirica entered a guilty plea to persecution as a crime against humanity only, the other sexual violence charges were withdrawn. Sikirica was therefore found not guilty by the Trial Chamber of: - Inhumane acts as crimes against humanity and outrages upon personal dignity as a violation of the laws or customs of war as war crimes - Causing serious bodily or mental harm as genocide and complicity in genocide
    sentencing
    Sikirica was sentenced to 15 years’ imprisonment by the Trial Chamber on 13 November 2001.
    Status
    2715
    Case number
    IT-95-8

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