Sexual Crimes in Conflict Database

A collection of relevant literature and case law

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  • Jurisprudence judicial mechanism

    ICTR - Juvenal Kajelijeli

    Year
    2005
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Acquittal Other Inhumane Acts Command Responsibility

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44a
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Juvenal Kajelijeli
    Charges
    The sexual violence charges were charged as:- Conspiracy to commit genocide for causing serious bodily or mental harm under Articles 6(1) (direct responsibility) and 6(3) (command responsibility).- Rape as a crime against humanity; - Persecution as a crime against humanity; - Other inhumane acts as crimes against humanity
    Trial chamber verdict
    Kajelijeli was found not guilty by the Trial Chamber (on 1 December 2003) of: - Conspiracy to commit genocide for causing serious bodily or mental harm - Rape as a crime against humanity; according to the Trial Chamber, the Prosecution had failed to prove Kajelijeli’s responsibility beyond a reasonable doubt under either Article 6(1) or 6(3), with Judge Ramaroson dissenting.- Persecution as a crime against humanity; this count was withdrawn by the Chamber on the request of the Prosecution during the closing arguments. The Prosecution chose to withdraw the charge due to insufficient evidence.- Other inhumane acts as crimes against humanity; according to the Trial Chamber, the Prosecution had failed to prove Kajelijeli’s responsibility beyond a reasonable doubt under either Article 6(1) or 6(3), with Judge Ramaroson dissenting.
    sentencing
    Kajelijeli received a sentence of 45 years’ imprisonment on 23 May 2005.
    Appeals chamber verdict
    Kajelijeli’s acquittal for the sexual violence crimes was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-44A

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