Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 23 results.

  • Jurisprudence judicial mechanism

    ICC - Ahmad Muhammad Harun (Ahmad Harun “Ahmad Huhammad Harun and Ali Muhammad Ali Abd-Al-Rahman”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sudan
    Keywords
    Accused at large Gender-Based Persecution Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Ahmad Muhammad Harun (“Ahmad Harun”)
    Charges
    In the warrant of arrest of 27 April 2007, Harun faces 42 counts of war crimes and crimes against humanity in total, among which are charges of sexual violence committed against in particular the Fur population in Darfur, namely: - Rape as a crime against humanity; - Persecution as a crime against humanity, including rape; - Rape as a war crime (article 8(2)(e)(vi)); - Outrage upon personal dignity as a war crime, including sexual violence (Article 8(2)(c)(ii)). All under Article 25(3)(d) of the Rome Statute.
    Status
    2778
    Case number
    ICC-02/05-01/07

  • Jurisprudence judicial mechanism

    ICC - Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) (“Ahmad Huhammad Harun and Ali Muhammad Ali Abd-Al-Rahman”)

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Sudan
    Keywords
    Accused at large Gender-Based Persecution Janjaweed Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200205/related%20cases/icc%200205%200107/Pages/darfur_%20sudan.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”)
    Charges
    In the warrant of arrest of 27 April 2007, Ali Abd-Al-Rahman faces 50 counts of war crimes and crimes against humanity in total, among which are charges of sexual violence committed against in particular the Fur population in Darfur, namely: - Rape as a crime against humanity under Article 25(3)(d); - Persecution as a crime against humanity, including rape under Article 25(3)(d); - Rape as a war crime (article 8(2)(e)(vi)) under Article 25(3)(d); - Outrage upon personal dignity in particular humiliating and degrading treatment as a war crime, including sexual violence (Article 8(2)(c)(ii)) under Article 25(3)(a).
    Status
    2778
    Case number
    ICC-02/05-01/07

  • Jurisprudence judicial mechanism

    ICC - Callixte Mbarushimana

    Year
    2012
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/icc01040110/Pages/icc01040110.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Callixte Mbarushimana
    Charges
    Mbarushimana was charged in a warrant of arrest of 28 September 2010 with crimes against humanity and war crimes to have been committed in the provinces of North and South Kivu in the DRC, including: - Rape as a crime against humanity; - Rape as a war crime (Article8(2)(b)(xxii) or 8(2)(e)(vi)). Both for having committed these acts of rape in the villages of Busheke in Kalehe territory, South Kivu; Miriki in Lubero territory, North Kivu; Pinga in Masisi territory, North Kivu; Remeka in Ufamandu groupement, Walikale territory, North Kivu; Busurungiin Walikale territory, North Kivu; and Manjein Masisi territory, North Kivu). Both under Article 25(3)(d). On 16 December 2011, Pre-Trial Chamber I decided by majority to decline to confirm the charges against Mbarushimana as there was not sufficient evidence to establish substantial grounds to believe that he could be held criminally responsible, under article 25(3)(d) of the Rome Statute, for the counts of war crimes and crimes against humanity charged. Mbarushimana was released from the ICC’s custody on 23 December 2011.
    Appeals chamber verdict
    On 30 May 2012, the Appeals Chamber decided unanimously to dismiss the Prosecution’s appeal against the decision of Pre-Trial Chamber I, declining to confirm the charges against Mbarushimana. The OTP is considering whether it can bring a new case against Mbarushimana.
    Status
    2715
    Case number
    ICC-01/04-01/10

  • Jurisprudence judicial mechanism

    ICC - Charles Ble Goude (“Laurent Gbagbo and Charles Ble Goude”)

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Côte d’Ivoire
    Keywords
    Aiding and Abetting Ordering/Instigating Post-election Violence Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0211/related%20cases/icc-02_11-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Charles Ble Goude
    Charges
    Ble Goude is accused, in the warrant of arrest (unsealed on 30 September 2013) of four counts of crimes against humanity, including: - Rape as a crime against humanity, allegedly committed in the context of post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011, as an indirect co-perpetrator pursuant to Article 25(3)(a) of the Rome Statute. In the Decision on the Confirmation of Charges of 11 December 2014, the following was confirmed: - Rape as a crime against humanity for the rape of at least 38 persons, committed by pro-Gbagbo forces. Ble Goude is responsible alternatively, as detailed below, under article 25(3)(a) (indirect co-perpetration), 25(3)(b) (ordering, soliciting or inducing), 25(3)(c) (aiding, abetting or otherwise assisting) or 25(3)(d) of the Statute: - under article 25(3)(a), (b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 22 women committed on or around 12 April 2011 in Yopougon commune, Abidjan; - under article 25(3)(b), (c) or (d) of the Statute for the crime against humanity of the rape of at least 16 women and girls committed between 16 and 19 December 2010 during and after the pro-Ouattara march heading to the RTI headquarters.
    Trial chamber verdict
    On 11 March 2015, Trial Chamber I joined his case and the one of Laurent Gbagbo in order to ensure the efficacy and expeditiousness of the proceedings. On 23 July 2018, Defence Counsel filed a “No case to answer motion” (“the Motion”) on grounds that the Prosecution had not adduced sufficient evidence to sustain a conviction. Following this motion, the Trial Chamber I of the ICC by majority, on 15 January 2019, acquitted Mr Laurent Gbagbo and Mr Charles Blé Goudé from all charges of crimes against humanity allegedly committed in Côte d'Ivoire in 2010 and 2011. The Chamber concluded after assessing the evidence that the Prosecutor had not furnished the court with sufficient evidence to establish the requisite elements for establishing the liability of Mr Gbagbo and Mr. Blé for the crimes charged.
    Appeals chamber verdict
    Following an appeal by the Prosecutor, the Appeals chamber amended the conditions of release, although it stuck to the previous decision to acquit the accused from all charges. On 1 February 2019, the Appeals Chamber pronounced the conditions for the release of Mr Gbagbo and Mr Blé Goudé to a State that is willing to accept them on its territory and willing and able to enforce the conditions set by the Chamber and amended them on 21 February 2019.
    Status
    2778
    Case number
    ICC-02/11-01/15

  • Jurisprudence judicial mechanism

    ICC - Dominic Ongwen

    Issues
    Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    Forced Marriage Severance of Charges Enslavement Amended Indictment Rape as Crime Against Humanity

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/ICC-02_04-01_15/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Dominic Ongwen
    Charges
    The arrest warrant of 2005 does not charge Ongwen with sexual violence crimes. However, the Prosecution formally requested, on 24 September 2015, to bring additional charges against Ongwen, including sexual and gender based crimes. The confirmation of charges hearing is schedule for 26 January 2016 and then the Chamber will decide upon this request. The additional sexual and gender based crimes brought against Ongwen include: - Forced marriage, an inhumane act of a character similar to the acts set out in articles 7(1)(a)-(j), as a crime against humanity, pursuant to articles 7(1)(k), and 25(3)(a), or (b)or(d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a crime against humanity, pursuant to articles 7(1)(f) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Torture as a war crime, pursuant to articles 8(2)(c)(i) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a crime against humanity, pursuant to articles 7(1) (g) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Rape as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a crime against humanity, pursuant to articles 7(1)(g) and25(3)(a), or (b)or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; - Sexual slavery as a war crime, pursuant to articles 8(2)(e)(vi) and 25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005; and - Enslavement as a crime against humanity, pursuant to articles 7(1)(c) and25(3)(a), or (b) or (d), or 28, of the Rome Statute, from at least July 2002 to December 2005 (see paras. 32-35 of Public redacted version of “Notice of intended charges against Dominic Ongwen”, 18 September 2015, ICC-02/04-01/15-305-Conf).
    Status
    2778
    Case number
    ICC-02/04-01/15

  • Jurisprudence judicial mechanism

    ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Aloys Ntabakuze
    Charges
    Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
    Trial chamber verdict
    Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes Rape as Crime Against Humanity

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Anatole Nsengiyumva
    Charges
    Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
    Trial chamber verdict
    Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Arsène Shalom Ntahobali (Nyiramasuhuko et al. "Butare")

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
    Country
    Rwanda
    Keywords
    Forced Nudity Undue Delay Fair Trial Aiding and Abetting Ordering/Instigating Direct Commission Rape as Crime Against Humanity

    Reference link
    http://www.unictr.org/en/cases/ictr-98-42
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Arsène Shalom Ntahobali
    Charges
    - Rape as a crime against humanity and outrages upon personal dignity as a violation of article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(1) (direct responsibility) for: (i) raping a Tutsi girl at the roadblock near his hotel (committing); (ii) raping Tutsi women (committing), ordering Interahamwe to rape Tutsi women (ordering), and aiding and abetting the rapes of Tutsi women at the Butare prefecture office (aiding and abetting). - Sexual violence as genocide, persecution as a crime against humanity and violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime, and other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity under Articles 6(1) (direct responsibility) and 6(3) (command responsibility) due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
    Trial chamber verdict
    Ntahobali was found guilty by the Trial Chamber on 24 June 2011 of: - Rape as a crime against humanity and - Outrages upon personal dignity as a violation of article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime Ntahobali was found not guilty of: - Sexual violence as genocide; - Persecution as a crime against humanity; - Violence to life, health and physical or mental well-being as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime; - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes. - Other inhumane acts as crimes against humanity due to insufficient notice of the Prosecutor’s intention to pursue these sexual violence crimes and that it adduced insufficient evidence to prove that Ntahobali forced his victims to undress completely before forcing them into vehicles and taking them to their deaths.
    sentencing
    Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
    Appeals chamber verdict
    On 14 December 2015, the Appeals Chamber upheld most of the findings in respect of the sexual violence conviction ((i) killing a Tutsi girl he had first raped at the Hotel Ihuliro roadblock in late April 1994; (ii) raping a Tutsi girl near the Hotel Ihuliro roadblock in late April 1994 as well as Witness TA during two attacks in May 1994 at the prefectural office; (iii) ordering the rape of Witness TA at the prefectural office during an attack in the last of half of May 1994; and (iv) aiding and abetting the rapes of Witness TA at the prefectural office in June 1994), except - having found errors in the Trial Chamber’s reasoning – for (i) raping Tutsi women, other than Witness TA, at the Butare Prefecture Office; and (ii) ordering the rapes of six Tutsi women, other than Witness TA, at the Butare Prefecture Office during an attack in the last half of May 1994. Ntahobali’s sentence was reduced to 47 years’ imprisonment, in particular due to a violation of the accused’s right to be tried without undue delay.
    Status
    2715
    Case number
    ICTR-98-42

  • Jurisprudence judicial mechanism

    ICTR - Augustin Bizimungu (Ndindiliyimana et al. "Military II")

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Command Responsibility Sexual Violence as Genocide Rape as Crime Against Humanity

    Reference link
    http://www.unictr.org/en/cases/ictr-99-50
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Augustin Bizimungu
    Charges
    - Causing serious bodily or mental harm as genocide under Article 6(3) (command responsibility) for rapes committed at ESI, in the woods in Kabgayi and at TRAFIPRO. - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rapes committed at Cyangugu Stadium. -Rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Article 6(3) (command responsibility) for the rapes at ESI and in the woods of Kabgayi and at TRAFIPRO and the Cyangugu Stadium.
    Trial chamber verdict
    Bizimungu was found guilty by the Trial Chamber on 17 May 2011 of: - Causing serious bodily or mental harm as genocide - Rape as a crime against humanity -Rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
    sentencing
    Bizimungu was sentenced to 30 years' imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 30 June 2014 reversed several sexual violence convictions charged under the above three crimes (those that had taken place in the prefecture office and the Episopal church of Rwanda in Butare and at Musambira commune office and dispensary in Gitarama – already taken out above) as it held that it could not have been reasonably established that Bizimungu knew or had reason to know of these crimes. Otherwise, the Appeals Chamber confirmed the conviction for the sexual violence charges.
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Augustin Ngirabatware

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Extended Joint Criminal Enterprise Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-54
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Augustin Ngirabatware
    Charges
    Rape as a crime against humanity under Article 6(1) (JCE III).
    Trial chamber verdict
    Ngirabatware was found guilty by the Trial Chamber (on 20 December 2012) for rape as a crime against humanity. The Trial Chamber held that based on the totality of the evidence, it was satisfied beyond reasonable doubt that at the time Ngirabatware distributed weapons to the Interahamwe, including members of the JCE, and verbally encouraged them to kill Tutsis on 7 April 1994, Ngirabatware was aware of the possible consequence that those Interahamwe, including members of the JCE, might rape Tutsis as part of a widespread and systematic attack against the Tutsi population. By distributing the weapons, Ngirabatware significantly contributed to the JCE and demonstrated his willingness to take the risk that the rape of Tutsis, such as Chantal Murazemariya, would be committed. Accordingly, Ngirabatware was criminally responsible through a JCE in the extended form for the repeated rape of Chantal Murazemariya by Juma and Makuze in Nyamyumba commune in April 1994 as a crime against humanity. [Note that the rapes of Bonishance and Denise Nyirabunori - also charged in the indictment - were not established on the basis of the evidence presented by the Prosecution according to the Trial Chamber]
    sentencing
    Ngirabatware was sentenced to 30 years’ imprisonment on 18 December 2014 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber, however, acquitted Ngirabatware for this crime (on 18 December 2014). It observed that Ngirabatware’s contribution to the common purpose to exterminate the Tutsi civilian population was essential for establishing his responsibility for crimes committed beyond the common purpose, but which are nevertheless a natural and foreseeable consequence thereof. Since the Prosecution failed to prove Ngirabatware’s contribution to the common purpose of exterminating the Tutsi civilian population pleaded under Count 5 of the Indictment, Ngirabatware’s conviction for rape entered via the extended form of joint criminal enterprise under Count 6 of the Indictment cannot be sustained. For the foregoing reasons, the Appeals Chamber granted, in part, Ngirabatware’s Third Ground of Appeal, reversed his conviction for the rape of Chantal Murazemariya, and entered a verdict of acquittal under Count 6 of the Indictment.
    Status
    2715
    Case number
    ICTR-99-54

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