Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 2 results.

  • Jurisprudence judicial mechanism

    ICTR - Nahimana et al. (Media Case)

    Year
    2007
    Issues
    Role of Non-state Actors in Perpetrating Violence
    Country
    Rwanda
    Keywords
    Media Incitement Ethnic Hatred Prevention or Punishment

    Reference link
    http://www.unictr.org/en/cases/ictr-99-52
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Ferdinand Nahimana, Jean Bosco Barayagwiza, Hassan Ngeze
    Charges
    Persecution as a crime against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) for advocating ethnic hatred or inciting violence against the Tutsi population through RTLM broadcasts in 1994, including articulating a framework that negatively portrayed Tutsi women, making sexual attacks against Tutsi women a foreseeable consequence of the role attributed to them.Direct and public incitement to commit genocide under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) as far as the sexual violence crimes are concerned.
    Trial chamber verdict
    Nahimana was found guilty by the Trial Chamber of:- persecution and Extermination as crimes against humanity- genocide- conspiracy to committ genocide- direct and public incitement to committ genocide Nahimana was found not guilty by the Trial Chamber of:- complicity to committ genocide- murder as crime against humanity Ngeze was found guilty by the Trial Chamber of:- conspiracy to committ genocide- genocide- direct and public incitement to committ genocide- extermination as crime against humanity Ngeze was found not guilty by the Trial Chamber of:- complicity in genocide- murder as crime against humanity Barayagwiza was found guilty by the Trial Chamber of:- persecution as crime against humanity- Extermination as crime against humanity- Direct and public incitement to committ genocide- conspiracy to genocide- genocide Barayagwiza was found not guilty by the Trial Chamber of:- serious violations of Art. 3 common to the Geneva Conventions and AP II- complicity in genocide- murder as crime against humanity
    sentencing
    Nahimana was sentenced to 30 years’ imprisonment.Ngeze was sentenced to 35 years' imprisonment.barayagwiza was sentenced to 32 years' imprisonment.
    Appeals chamber verdict
    The Appeals Chamber (on 28 November 2007), however, reversed Nahimana’s above conviction for persecution as a crime against humanity under Article 6(1) for RTLM broadcasts after 6 April 1994, but affirmed, Judge Meron dissenting, Nahimana’s conviction for persecution as a crime against humanity under Article 6(3), because it found that Nahimana did not take the necessary and reasonable measures to prevent or punish the acts of persecution and instigation to persecution committed by RTLM staff after 6 April 1994. It also upheld the conviction for direct and public incitement to commit genocide.The Appeals Chamber affirmed Barayagwiza's conviction for both, persecution and murder as crimes against humanity, with Judge Güney dissenting, and genocide. However, under Art. 6(1) of the Statute it set aside the conviction for conspiracy to commit genocide and convictions relating the Broadcasts.With regard to Ngeze's work at the newspaper, the Appeals Chamber set aside his conviction for genocide and persecution as crime against humanity, however it upheld the convictions for direct and public incitement to commit genocide. Regarding its responsibility for act committed in Gisenyi, the Appeals Chamber upheld Ngeze's convictions for genocide and extermination as a crime against humanity.
    Status
    2715
    Case number
    ICTR-99-52

  • Literature

    Spangaro, Jo et al. - Mechanisms Underpinning Interventions to Reduce Sexual Violence...

    Year
    2015
    Issues
    Modes of Liability

    Reference link
    http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.798.9288&rep=rep1&type=pdf
    Full reference
    Spangaro, Jo, et al., "Mechanisms Underpinning Interventions to Reduce Sexual Violence in Armed Conflict: A Realist-informed Systematic Review", in Conflict and Health, 2015, vol. 9, no. 1, pp. 1-14.
    Type of literature
    Journal Article
    Research focus
    Perpetrators and Prevention
    Author
    Spangaro, Jo; Adogu, Chinelo;Zwi, Anthony B.; Ranmuthugala, Geetha and Powell Davies, Gawaine

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