Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • Jurisprudence judicial mechanism

    ICTR - Mikaeli Muhimana

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Aiding and Abetting Physical Invasion Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-95-1b
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Mikaeli Muhimana
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for raping Tutsi women and one Hutu woman he believed to be a Tutsi. - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing) for the rapes of 5 women and girls (4 Tutsi women and 1 Hutu woman whom he mistakenly believed was a Tutsi); and (aiding and abetting) the rapes of 5 Tutsi women and girls.
    Trial chamber verdict
    Muhimana was found guilty by the Trial Chamber on 28 April 2005 of:- Causing serious bodily or mental harm as genocide - Rape as a crime against humanity
    sentencing
    Muhimana received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 21 May 2007 reversed, with Judges Shahabuddeen and Schomburg dissenting, Muhimana’s conviction for rape as a crime against humanity in so far it concerned the rapes of two women, Mukashyaka and Kamukina (already taken out above). The other rapes as crimes against humanity were affirmed by the Appeals Chamber.
    Status
    2715
    Case number
    ICTR-95-1B

  • Jurisprudence judicial mechanism

    SPSC in East Timor - Francisco Soaeres

    Year
    2002
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    East Timor
    Keywords
    Consent Threat of Rape Sexual Intercourse Physical Invasion Militia Rome Statute

    Reference link
    http://www.worldcourts.com/un_etta/eng/decisions/2002.09.12_Prosecutor_v_Soares.pdf
    Type of mechanism
    Hybrid court
    Name of mechanism
    Special Panels for Serious Crime Panels in East Timor (SPSC)
    Name of accused
    Francisco Soaeres
    Charges
    Soaeres was indicted on 15 May 2001 for one count of rape, but rape as a domestic offence on the basis of section 9 of UNTAET Regulation 2000/15 (‘For the purposes of the present regulation, the provisions of the applicable Penal Code in East Timor shall, as appropriate, apply’) and Article 285 of the Indonesian Penal Code (‘Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, be punished by a maximum imprisonment of twelve years’). Soaeres was held to have travelled, on the morning of 12 September 1999, to the 744 Battalion Base and took victim X with him in order to transport her to Dili. Instead of going there he took X to Useleo Beach, where he proceeded to have sexual intercourse with X twice and then returned her to the Base. The Defense raised the issue of consent, which the victim denied.
    Trial chamber verdict
    On 12 September 2002, the Special Panel for Serious Crimes convicted Soaeres of rape.
    sentencing
    On 12 September 2002, the Special Panel for Serious Crimes sentenced him to 4 years’ imprisonment.
    Status
    2715
    Case number
    14/2001

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