Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 12 of 12 results.

  • Jurisprudence judicial mechanism

    ICTR - Tharcisse Muvunyi

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Insufficient Evidence Tutsi Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-55
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Tharcisse Muvunyi
    Charges
    Muvunyi was charged with sexual violence, i.e. rape as a crime against humanity under Article 6(3) (command responsibility).
    Trial chamber verdict
    The Trial Chamber found Muvunyi not guilty under this charge (on 12 September 2006). The Chamber held that the evidence heard that soldiers from ESO Camp committed rape did not support the specific allegation in the indictment that soldiers from Ngoma Camp committed rape and therefore it would be prejudicial and unfair to hold this evidence against Muvunyi.
    sentencing
    Muvunyi was sentenced to 15 years on 1 April 2011 (for other charges).
    Appeals chamber verdict
    Although the Prosecution challenged Muvunyi’s acquittal for rape as a crime against humanity, the Appeals Chamber (on 29 August 2008) dismissed the Prosecution’s ground of appeal. The Appeals Chamber held that: 1) the Trial Chamber did not err in law by finding that it would be prejudicial to consider the evidence of rape by ESO Camp soldiers in light of the rape allegation in the indictment; 2) even if the defect in the indictment could have been remedied, the Appeals Chamber is not satisfied that the Prosecution provided timely, clear, and consistent information of this new material fact to Muvunyi.
    Status
    2715
    Case number
    ICTR-00-55

  • Jurisprudence judicial mechanism

    ICTY - Dusko Tadic (“Prijedor”)

    Year
    2000
    Issues
    Sexual Violence against Men
    Country
    Former Yugoslavia
    Keywords
    Forced Oral Sex Mutilation Insufficient Evidence Gang Rape Aiding and Abetting Rape/Sexual Violence in Detention

    Reference link
    http://www.icty.org/cases/party/787/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dusko Tadic
    Charges
    - Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner.- Persecution as a crime against humanity as far as the sexual violence crimes were concerned.
    Trial chamber verdict
    Tadic was found guilty by the Trial Chamber on 7 May 1997 of:- Cruel treatment as a violation of the laws or customs of war as a war crime and inhumane acts as crimes against humanity Tadic was found not guilty by the Trial Chamber of:- Persecution as a crime against humanity as far as the sexual violence crimes were concerned. According to the Trial Chamber there was insufficient evidence regarding Tadic’s participation in sexual assault and torture inflicted through gang-rapes.
    sentencing
    Tadic was sentenced to 20 years’ imprisonment on 26 January 2000.
    Appeals chamber verdict
    The Appeals Chamber found Tadic on 15 July 1999 additionally guilty of: - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (individual responsibility) (aiding and abetting) for forcing two prisoners to commit oral sexual acts and for forcing one prisoner to sexually mutilate another prisoner as it was not established that the victims were protected persons. Thus, for the same acts as he was found guilty by the Trial Chamber.
    Status
    2715
    Case number
    IT-94-1

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