Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 8 results.

  • Jurisprudence judicial mechanism

    ICTR transfer - Aloys Ndimbati

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Forced Nudity Sexual Mutilation Killings

    Reference link
    http://www.unmict.org/en/cases/mict-12-14
    Type of mechanism
    Domestic court
    Name of accused
    Aloys Ndimbati
    Charges
    Ndimbati is charged with sexual violence crimes (on the basis of the second amended indictment of 8 May 2012) as follows: - Genocide under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Complicity in genocide under Article 6(1) (direct responsibility) (JCE I). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern the: (i) instruction and prompting by Ndimbati (and Musema) of Interahamwe, who were among the Gisovu tea factory workers, to rape and kill a Tutsi woman by the name Annociata Mujawayezu and her son. As Annonciata’s son cried, he instructed the same Interahamwe to cut off Annociata’s breast and give it to her son in order to make him stop crying. Therafter she was raped and then killed, together with her son; (ii) taking aside of Adele Nyiramayombo near a road going to the Bisesero hills and telling her to undress. When Adele Nyiramayombo resisted, he slapped her and threatened to kill her. She finally gave up and undressed herself. Ndimbati then raped her for about 15 minutes in the presence of the Interahamwe in an open place. Meanwhile Alfred Musema raped Dancile Mukangemanyi not far from Ndimbati. After raping the women, they instructed and prompted the Twa Interahamwe to take Adele Nyiramayombo, Dancile Mukangemanyi and Azarias Munyampama away and kill them. They left with the third woman, Gaudance Mukankundiye, saying that they would rape her later. Adele Nyiramayombo and Dancile Mukangemunyi were then killed by the Twa Interahamwe as instructed and prompted by Ndimbati and Musema. Azarias Munyampama survived.
    Status
    2778
    Case number
    MICT-12-14

  • Jurisprudence judicial mechanism

    ICTR transfer - Ladislas Ntaganzwa

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Amended Indictment Aiding and Abetting Interahamwe Ordering/Instigating Hostage

    Reference link
    http://www.unmict.org/en/cases/mict-12-21
    Type of mechanism
    Domestic court
    Name of accused
    Ladislas Ntaganzwa
    Charges
    Ntaganzwa is charged with sexual violence crimes (in the second amended indictment of 30 March 2012) as follows: - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (committing, ordering and instigating, and aiding and abetting) and 6(3) (command responsibility). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing, ordering and instigating, and aiding and abetting) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern: (i) at a date in early May 1994, at the Ryabidandi roadblock, Ryabidandi cellule, Nyagisozi secteur, Nyakizu commune, Ntaganzwa instructed and prompted a group of about eight JDR, interahamwe, and Hutu and Twa civilians to rape a Tutsi woman named Astorie (last name unknown). Acting on the direct instructions and the prompting of Ntaganzwa, Astorie was repeatedly raped during the night at a residence close to the Judicial Police Inspector’s residence within Ryabidandi cellule; (ii) On or about the day after this event, Ntaganzwa instructed and prompted a certain Habib, a Hutu civilian, to rape ARH, a Tutsi woman. Following Ntaganzwa’s instructions and prompting, Habib took ARH hostage and repeatedly raped her for a period of approximately 2 months.
    Status
    2778
    Case number
    MICT-12-21

  • Jurisprudence judicial mechanism

    ICTR transfer - Laurent Bucyibaruta

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda, France
    Keywords
    Interahamwe Investigation Rape, Public Roadblocks

    Reference link
    http://www.unmict.org/en/cases/mict-13-44
    Type of mechanism
    Domestic court
    Name of accused
    Laurent Bucyibaruta
    Charges
    Bucyibaruta was charged with (in the indictment of 16 June 2005): - Rape as a crime against humanity under Article 6(1) (planning, instigating, ordering, committing or otherwise aiding and abetting and JCE) for: (i) the setting up of roadblocks where, where Tutsi girls and women were repeatedly raped by soldiers, Interahamwe and armed civilians, including at Kabeza Trading Centre and the entrance to the Murambi Technical School; (ii) the attack on Ecole des Filles de Kibeho by Gendarmes, Interahamwe and Hutu civilians and whereby many Tutsi girls were raped. In addition, under Article 6(3) (command responsibility) for rapes that were committed by his subordinates in and around Murambi, Munyinya, Nzega, Uwabahima and Rwigoma (including rapes in front of the women’s children and one rape in which the perpetrator said that the woman had earlier refused to marry a Hutu).
    Status
    2778
    Case number
    MICT-13-44

  • Jurisprudence judicial mechanism

    ICTR transfer - Ryandikayo

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Aiding and Abetting Ordering/Instigating Interahamwe

    Reference link
    http://unictr.irmct.org/en/cases/ictr-95-1e
    Type of mechanism
    Domestic court
    Name of accused
    Ryandikayo
    Charges
    Ryandikayo is charged with sexual violence crimes (in the second amended indictment of 8 May 2012) as follows: - Genocide for harming, including by raping, under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). [NB. Only 2(3)(a) is charged, not 2(3)(b), even though rape is mentioned for the count of genocide] - Complicity in genocide under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). The underlying facts that relate to the sexual violence for all these charges concern: (i) Ryandikayo took Jacqueline Uwineza into his house in Mubuga where he raped her and then took her to his banana plantation where she was killed by Interahamwe who beat her with clubs and machetes on his instigation and prompting (paragraph 24); (ii) the leading of six Tutsi girls on foot to the Mubuga cemetery and raping them, on the instructions of, inter alia, Ryandikayo (paragraph 33); (iii) in the course of an attack at Mubuga Catholic church, Ryandikayo together with Interahamwe and armed Hutu civilians, who acted in accordance with Ryandikayo’s instructions, prompting, and plan, raped and killed other Tutsi girls who were in the parish. Among them was a girl by the name of Claudine who resided near the parish.
    Status
    2778
    Case number
    MICT-12-22

  • Jurisprudence judicial mechanism

    ICTR transfer - Wenceslas Munyeshyaka

    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda, France
    Keywords
    Acquittal Aiding and Abetting Interahamwe In Absentia Priest

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of accused
    Wenceslas Munyeshyaka
    Charges
    In the indictment of 2005, he was charged with: - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for (i) (aiding and abetting) an Interahamwe to rape HH a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish; (ii) (aiding and abetting) an Interahamwe to rape BFY a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish; (iii) (committing) rape on GG a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish in Kigali city; (iv) (committing) rape on BB a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish in Kigali city; (v) (committing) rape on EE, a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, Kigali city. - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: (i) (committing) rape on GG a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish in Kigali city; (ii) (aiding and abetting) an Interahamwe to rape a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille Parish, in Kigali city; (iii) (aiding and abetting) an Interahamwe to rape a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille parish, in Kigali city; (iv) (committing) rape on a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille Parish in Kigali city; (v) (committing) rape on EE, a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, Kigali city; (vi) (committing) rape on FF a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish in Kigali city. In addition, planning and joint criminal enterprise III are also mentioned in the indictment, in more general terms.
    Status
    2778
    Case number
    MICT-13-45

  • Jurisprudence judicial mechanism

    MICT - Augustin Bizimana

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape, Public

    Reference link
    http://www.unmict.org/en/cases/mict-13-39
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Augustin Bizimana
    Charges
    On the basis of the amended indictment of 17 October 2011 (made public on 4 June 2013), Bizimana is charged with the following sexual violence crimes (as alleged in paragraphs 94-114 of the indictment, including the rapes and mistreatment of Tutsi women, often in public, by members of the FAR and interahamwe on various dates and at multiple locations in Gitarama, Kigali Ville, Butare and Cyangugu prefectures). - Causing harm as genocide by raping and mistreating Tutsis. - Persecution as a crime against humanity by raping, inflicting physical and mental suffering and humiliation, thus depriving the victims of their rights not to be subjected to rape, torture, and cruel, inhumane and degrading treatment and punishment. - Rape as a crime against humanity and violation of Common Article 3 and Additional Protocol II. - Other inhumane acts and torture as crimes against humanity and cruel treatment and torture as violations of Common Article 3 and Additional Protocol II by causing serious mental and physical suffering and injury and carrying out serious attacks on human dignity. - Outrages upon personal dignity as a violation of Common Article 3 and Additional Protocol II by acts and omissions which would be generally considered to cause serious humiliation, degradation or otherwise be a serious attack on human dignity. - Complicity in genocide. Bizimana has been charged for these crimes under Article 6(1) (JCE I, JCE III, ordering, instigating, aiding and abetting) and 6(3) (command responsibility).
    Status
    2778
    Case number
    MICT-13-39

  • Jurisprudence judicial mechanism

    MICT - Protais Mpiranya

    Issues
    Sexual Violence against Children Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Accused at large Interahamwe Rape with Foreign Objects Forced Nudity Desecration of Corpse

    Reference link
    http://www.unmict.org/en/cases/mict-12-02
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    UN Mechanism for International Criminal Tribunals
    Name of accused
    Protais Mpiranya
    Charges
    On the basis of the amended indictment of 3 August 2012 (made public on 4 June 2013), Mpiranya is charged with the following sexual violence crimes (as alleged in paragraphs 47-56 and 63 of the indictment, including the rapes of Tutsi women and children by soldiers of the Presidential Guard Battalion and members of the Interahamwe in the Kimihurura sector in Kigali and the desecration of Agathe Uwilingiyimana’s corpse by thrusting a bottle of soda into her vagina and leaving her naked body on display): - Genocide under Article 6(1) (JCE I) and Article 6(3) (command responsibility) [NB. It seems that only killing (Article 2(3)(a)) as genocide is charged, even though the rapes are also subsumed under the genocide charge]. - Complicity in genocide on the basis of Article 2(3)(e) (in the alternative of genocide) under Article 6(1) (JCE I) and 6(3). - Rape as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) and 6(3). - Persecution as a crime against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3). - Other inhumane acts as crimes against humanity under Article 6(1) (JCE I; in the alternative JCE III) (for the desecration of Uwilingiyimana’s corpse also instigating and aiding and abetting is mentioned) and 6(3).
    Status
    2778
    Case number
    MICT-12-02

  • Jurisprudence judicial mechanism

    Nyarugunga Primary Court, Kigali (ICTR transfer) - Bernard Munyagishari

    Issues
    Female Perpetrators of Sexual Violence
    Country
    Rwanda
    Keywords
    Ordering/Instigating Rape with Foreign Objects Interahamwe

    Reference link
    http://unictr.unmict.org/en/cases/ictr-05-89
    Type of mechanism
    Domestic court
    Name of mechanism
    Nyarugunga Primary Court, Kigali
    Name of accused
    Bernard Munyagishari
    Charges
    Munyagishari had been charged with sexual violence as follows (indictment of 9 June 2005): - Genocide or, alternatively, complicity in genocide, and rape as a crime against humanity under Article 6(1) for: (i) ordering or instigating a special corps of young Interahamwe called ‘Ntarumikwa’ to rape Tutsi women and girls (ordering or instigating); (ii) for instigating his wife Zainabou and the female group of Interahamwe she headed to sexually torture Tutsi women (instigating); and (iii) raping a young Tutsi student named Françoise during the three weeks she was held captive in his house (committing); and under Article 6(3) (command responsibility) for: (i) the rape of a young Tutsi student named Françoise by two Interahamwe under his effective control during the three weeks she was held captive in his house; and (ii) the crimes committed by his wife Zainabou and the female group of Interahamwe she headed, who were under his effective control, including sexually torturing Tutsi women, forcing iron rods into Tutsi women’s vaginas and asking Tutsi women to produce milk from their bodies.
    Status
    2778
    Case number
    MICT-12-20

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