Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 21 to 23 of 23 results.
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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
ICTY - Bruno Stojic (“Prlic et al.”)
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- War Crimes Inhuman Treatment Imprisonment HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Bruno Stojic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
- Trial chamber verdict
- Stojic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Stojic was sentenced to 20 years’ imprisonment on 29 May 2013.
- Appeals chamber verdict
- The Appeals Chamber confirmed the charges and convictions made by the Trial Chamber on 29 November 2017.
- Status
- 2715
- Case number
- IT-04-74
-
Jurisprudence judicial mechanism
ICTY - Milivoj Petkovic (“Prlic et al.”)
- Year
- 2017
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- War Crimes HVO Soldiers Joint Criminal Enterprise (JCE) Rape as Crime Against Humanity
- Reference link
- http://www.icty.org/cases/party/766/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Milivoj Petkovic
- Charges
- - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime under Article 7(1) (JCE) for various sexual violence crimes.
- Trial chamber verdict
- Petkovic was found guilty by the Trial Chamber on 29 May 2013 of: - Persecution as a crime against humanity, rape as a crime against humanity and inhuman treatment (sexual assault) as a grave breach of the Geneva Conventions of 1949 as a war crime.
- sentencing
- Petkovic was sentenced to 20 years’ imprisonment by the Trial Chamber, and the Appeals Chamber confirmed this sentence on 29 November 2017.
- Appeals chamber verdict
- On 29th November 2017, the Appeals Chamber in its judgment granted Petkovic’s appeal in part, although it affirmed the sentence of 20 years of imprisonment against him.
- Status
- 2715
- Case number
- IT-04-74
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