Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 12 results.

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Marko Radic

    Year
    2011
    Issues
    Sexual Violence against Children
    Country
    Bosnia Herzegovina
    Keywords
    Child Sex Abuse/Molestation HVO Soldiers Insufficient Evidence Psychological Impact Rape Bosnian Muslim Population Accomplice Aiding and Abetting

    Reference link
    https://trialinternational.org/latest-post/marko-radic/
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Marko Radic
    Charges
    Radic was charged on 1 December 2006 (indictment confirmed) with crimes against humanity, including sexual violence (Article 172(1)(g) of the Criminal Code of Bosnia and Herzegovina), in conjunction with Articles 29 and 180(1), (2) and (3) of the Criminal Code of BiH (individual and command responsibility), for attacking the Bosnian Muslim civilian population of Mostar Municipality, in the period from July 1993 to March 1994. During the attack, inter alia, more than 70 Bosniak women, children and elderly were unlawfully arrested and detained in inhumane conditions in houses and other facilities in the village of Vojno, where they were exposed to physical and mental abuse, torture, rape and sexual violence.
    Trial chamber verdict
    On 20 February 2009, the Court pronounced the first-instance verdict finding the Radic guilty of crimes against humanity, including rape.
    sentencing
    Radic was sentenced to 21 years’ imprisonment.
    Appeals chamber verdict
    Panel of the Appellate Division of the Court of Bosnia-Herzegovina, having held the Appellate Panel session, handed down the decision on revoking the first-instance verdict of 20 February 2009 and ordering a hearing to be held before the Appellate Panel. The trial before the Appellate Panel was initiated on 6 July 2010. On 9 March 2011, the Appellate Panel of the Court of BiH pronounced the second-instance verdict finding the Radic guilty of crimes against humanity, including rape and other forms of sexual violence, under Article 29 (accomplice) and Article 180(1) (individual criminal responsibility - planning, instigating, ordering, perpetrating or otherwise aiding and abetting) of the Criminal Code of BiH. In absence of sufficient evidence, under this verdict, Radic was acquitted of charges that he personally raped Witness AG.
    Status
    2715
    Case number
    X-KRŽ-05/139

  • Jurisprudence judicial mechanism

    Court of Bosnia-Herzegovina (War Crimes Chamber) - Mladen Drljaca ("Gojko Klickovic et al.")

    Year
    2013
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Bosnia Herzegovina
    Keywords
    Acquittal Insufficient Evidence Unreliable Testimony

    Reference link
    http://www.sudbih.gov.ba/?opcija=predmeti&id=130&jezik=e
    Type of mechanism
    Domestic court
    Name of mechanism
    Court of Bosnia-Herzegovina (War Crimes Chamber)
    Name of accused
    Mladen Drljaca
    Charges
    Drljaca was charged, in the amended indictment of 21 August 2008, with persecution as a crime against humanity of the Muslim population in Bosanska Krupa (Article 172(1)(h) of the Criminal Code of BiH) in connection with several crimes, including rape (Article 172(1)(g) and 173(1)(e)) under the JCE.
    Trial chamber verdict
    On 5 November 2010, the Court’s Trial Panel of Section I for War Crimes acquitted Drljaca on all charges, because, according to the Trial Chamber, the Prosecutor’s Office had failed to establish the existence of a widespread or systematic attack against non-Serb civilians in the municipality of Bosanska Krupa. Other reasons for the acquittal included the growing number of witnesses who had died, moved abroad or who were reluctant to testify, as well as the vague statements of the witnesses who testified. A second instance verdict was issued on 11 May 2012 by the Panel of the Appellate Division of Section I for War Crimes. The Appellate Division partially granted the appeal by the Prosecutor’s Office and annulled the 5 November 2010 verdict.
    Appeals chamber verdict
    On 7 May 2013, the Appeals Division of the Court issued the final verdict. The Appeals Court again acquitted Drljaca of the crimes against humanity charges on the ground that it had not been proved beyond reasonable doubt that the accused committed the criminal offense he was charged with. Note: Drljaca was charged in this case together with Klickovic and Ostojic.
    Status
    2715
    Case number
    X-KR-06/213

  • Jurisprudence judicial mechanism

    ICC - Callixte Mbarushimana

    Year
    2012
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040110/Pages/icc01040110.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Callixte Mbarushimana
    Charges
    Mbarushimana was charged in a warrant of arrest of 28 September 2010 with crimes against humanity and war crimes to have been committed in the provinces of North and South Kivu in the DRC, including: - Rape as a crime against humanity; - Rape as a war crime (Article8(2)(b)(xxii) or 8(2)(e)(vi)). Both for having committed these acts of rape in the villages of Busheke in Kalehe territory, South Kivu; Miriki in Lubero territory, North Kivu; Pinga in Masisi territory, North Kivu; Remeka in Ufamandu groupement, Walikale territory, North Kivu; Busurungiin Walikale territory, North Kivu; and Manjein Masisi territory, North Kivu). Both under Article 25(3)(d). On 16 December 2011, Pre-Trial Chamber I decided by majority to decline to confirm the charges against Mbarushimana as there was not sufficient evidence to establish substantial grounds to believe that he could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for the counts of war crimes and crimes against humanity charged. Mbarushimana was released from the ICC’s custody on 23 December 2011.
    Appeals chamber verdict
    On 30 May 2012, the Appeals Chamber decided unanimously to dismiss the Prosecution’s appeal against the decision of Pre-Trial Chamber I, declining to confirm the charges against Mbarushimana. The OTP is considering whether it can bring a new case against Mbarushimana.
    Status
    2715
    Case number
    ICC-01/04-01/10

  • Jurisprudence judicial mechanism

    ICC - Mathieu Ngudjolo Chui

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Forced Marriage Forced Nudity Severance of Charges Withdrawal of Charges

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Mathieu Ngudjolo Chui
    Charges
    Initially, Chui was charged (together with Katanga) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution's Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Chui (and Katanga) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(a), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
    Trial chamber verdict
    On 18 December 2012, Trial Chamber II acquitted Chui of the charges of war crimes and crimes against humanity. It was found not proven beyond a reasonable doubt that Chui was the commander of the Lendu combatants during the attack on Bogoro in Ituri, Eastern DRC on 24 February 2003, as charged by the ICC. Rather, the evidence supported the finding that he held the role of a commander in March 2003, after the February attack on Bogoro.
    Appeals chamber verdict
    On 21 December 2012, Chui was released from custody. On 27 February 2015, the Appeals Chamber confirmed, by majority, Trial Chamber II’s decision of 18 December 2012 acquitting Chui.
    Status
    2715
    Case number
    ICC-01/04-02/12

  • Jurisprudence judicial mechanism

    ICTR - Jerome Bicamumpaka (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Insufficient Evidence War Crimes Rape as Crime Against Humanity

    Reference link
    http://www.unictr.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
    Jerome Bicamumpaka
    Charges
    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, Bicamumpaka 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
    Bicamumpaka was acquitted by the Trial Chamber (on 30 September 2011) on all counts.
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Justin Mugenzi (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility 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
    Justin Mugenzi
    Charges
    Mugenzi 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).However, the charges were not substantiated with material facts related to the sexual violence.
    Trial chamber verdict
    Mid-trial, in 2005, Mugenzi was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugenzi was acquitted by the Trial Chamber (on 30 September 2011) 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
    Mugenzi was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • 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

    ICTR - Pauline Nyiramasuhuko (Nyiramasuhuko et al."Butare")

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Female Perpetrators of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
    Country
    Rwanda
    Keywords
    Forced Nudity Insufficient Evidence Superior Responsibility Fair Trial Undue Delay

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-42
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Pauline Nyiramasuhuko
    Charges
    - Rape as a crime against humanity.-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 ordering Interahamwe under her effective control to rape Tutsi women at the Butare prefecture office.- Sexual violence as genocide -Persecution as a crime against humanity -Violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime -Other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility).
    Trial chamber verdict
    Nyiramasuhuko was found guilty by the Trial Chamber on 24 June 2011 of: - 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. Nyiramasuhuko was found not guilty by the Trial Chamber of:- Sexual violence as genocide, persecution as a crime against humanity and violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime, and other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Nyiramasuhuko forced her victims to undress completely before forcing them into vehicles and taking them to their deaths.
    sentencing
    Nyiramasuhuko received a sentence of life imprisonment. However, her sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
    Appeals chamber verdict
    On 14 December 2015, the Appeals Chamber upheld the findings in respect of the sexual violence conviction (see above). Her sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
    Status
    2715
    Case number
    ICTR-98-42

  • 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 - Simon Bikindi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Complicity Genocidal Rape Insufficient Evidence Tutsi

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-72
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Simon Bikindi
    Charges
    Bikindi was charged with sexual violence crimes - i.e. causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (ordering, instigating or aiding and abetting) and Article 6(3) (command responsibility) or, in the alternative, complicity in genocide under Article 6(1) (ordering, instigating or aiding and abetting) for, inter alia, rapes and acts of sexual violence committed by Interahamwe under his effective control against Tutsi women (including the rape of a woman named Ancilla), in the course of the execution of his orders to kill all Tutsi in Rubavu area.
    Trial chamber verdict
    The Trial Chamber (on 2 December 2008) held that Bikindi was not guilty thereof as the Prosecution had not proven these charges beyond reasonable doubt.
    sentencing
    Bikindi received a sentence of 15 years’ imprisonment on 18 March 2010 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber dismissed all of Bikindi's grounds of appeal.
    Status
    2715
    Case number
    ICTR-01-72

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