Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing all 9 results.
  • Literature

    African Rights - Rwanda – Not So Innocent: When Women Become Killers

    Year
    1995
    Issues
    Female Perpetrators of Sexual Violence
    Country
    Rwanda
    Keywords
    Genocide Genocidal Rape Sexual Violence as Genocide

    Reference link
    https://www.scribd.com/document/21263653/Rwanda-Not-so-Innocent-When-Womens-Became-Killers-Africa-Rights-August-1995
    Full reference
    African Rights, Rwanda – Not So Innocent: When Women Become Killers, African Rights, London, 1995.
    Type of literature
    Grey Literature
    Research focus
    Perpetrators and Prevention
    Author
    African Rights
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)

  • Jurisprudence judicial mechanism

    ICTR - Jean-Paul Akayesu

    Year
    2001
    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence as a Weapon of War
    Country
    Rwanda
    Keywords
    Forced Nudity Aiding and Abetting Ordering/Instigating Sexual Violence as Genocide Rape as Crime Against Humanity Akayesu

    Reference link
    http://unictr.unmict.org/en/cases/ictr-96-4
    Full reference
    International Criminal Tribunal for Rwanda, The Prosecutor v. Jean-Paul Akayesu, Judgment, 1 June 2001, ICTR-96-4.
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Jean-Paul Akayesu
    Charges
    - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: i) the rape of Witness JJ by an Interahamwe (aiding and abetting); (ii) multiple acts of rape of fifteen girls and women by numerous Interahamwe (aiding and abetting); (iii) multiple acts of rape of ten girls and women by numerous Interahamwe (ordering, instigating and aiding and abetting); (iv) the rape of Witness OO by an Interahamwe named Antoine (ordering, instigating and aiding and abetting); (v) the rape of a woman by Interahamwe (aiding and abetting); (vi) the rape of the younger sister of Witness NN by an Interahamwe (aiding and abetting); (vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe by Interahamwe (aiding and abetting); - Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) for: (i) the forced undressing of the wife of Tharcisse (aiding and abetting); (ii) the forced undressing and naked public marching of Chantal (ordering, instigating and aiding and abetting); and (iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise and Nishimwe and to have them perform exercises naked in public (aiding and abetting). - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for all of the above mentioned sexual violence acts (aiding and abetting). - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime
    Trial chamber verdict
    Akayesu was found guilty by the Trial Chamber (on 2 September 1998) for a number of sexual violence crimes that took place in and around the Taba bureau communal: - Rape as a crime against humanity - Other inhumane acts as crimes against humanity - Causing serious bodily or mental harm as genocide Akayesu was found not guilty by the Trial Chamber of: - Outrages upon personal dignity, in particular rape, degrading and humiliating treatment and indecent assault, as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime as the Trial Chamber found that it was not proved beyond a reasonable doubt that the acts perpetrated by Akayesu were committed in conjunction with the armed conflict.
    sentencing
    Akayesu received a single sentence of life imprisonment (for genocide he had received a sentence of life imprisonment; for rape as a crime against humanity 15 years’ imprisonment; and other inhumane acts as crimes against humanity 10 years’ imprisonment).
    Appeals chamber verdict
    The sexual violence convictions by the Trial Chamber were upheld by the Appeals Chamber (on 1 June 2001).
    Status
    2715
    Case number
    ICTR-96-4

  • Jurisprudence judicial mechanism

    ICTY - Biljana Plavsic (“Bosnia and Herzegovina”)

    Year
    2003
    Issues
    Female Perpetrators of Sexual Violence
    Country
    Former Yugoslavia
    Keywords
    Rape/Sexual Violence in Detention Sexual Violence as Genocide

    Reference link
    http://www.icty.org/cases/party/758/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Biljana Plavsic
    Charges
    - Persecution as a crime against humanity under Article 7(1) (JCE) of Bosnian Muslims, Bosnian Croats and other non-Serbs through various acts, including rapes and sexual violence. - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about physical destruction as genocide and complicity in genocide under Articles 7(1) (JCE) and 7(3) for subjecting Bosnian Muslim and Bosnian Croat detainees at various detention facilities to sexual violence.
    Trial chamber verdict
    Plavsic entered a guilty plea on 2 October 2002 and was found guilty by the Trial Chamber of: - Persecution as a crime against humanity . As Plavsic entered a guilty plea to persecution as a crime against humanity only, the other sexual violence charges were withdrawn. Plavsic was therefore found not guilty by the Trial Chamber of: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about physical destruction as genocide and complicity in genocide.
    sentencing
    Plavsic received a sentence of 11 years’ imprisonment on 27 February 2003.
    Status
    2715
    Case number
    IT-00-39 & 40/1

  • Jurisprudence judicial mechanism

    ICTY - Momir Talic

    Year
    2003
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Death of Accused Provisional Release Sexual Violence as Genocide

    Reference link
    http://www.icty.org/cases/party/816/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Momir Talic
    Charges
    Talic was charged with sexual violence crimes in the fourth amended indictment (of 10 December 2001) as follows: - Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide, which included rapes and sexual assault of Bosnian Muslim and Bosnian Croat detainees in various camps and detention facilities; - Persecution as a crime against humanity, which included rapes and sexual assaults of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992; - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime, which included rapes of Bosnian Muslim women in the Keraterm camp in July 1992, in the Trnopolje camp in July 1992 and the Omarska camp in June 1992. Talic was charged for these crimes both under Article 7(1) (individually or in concert with Brdanin and also with others in the Bosnian Serb leadership, planned, instigated, ordered, committed or otherwise aided and abetted) and Article 7(3). Proceedings against Talic (who had originally been charged with Brdanin) have been terminated. Talic died on 28 May 2003 during provisional release, which he was granted due to medical reasons.
    Status
    2715
    Case number
    IT-99-36/1

  • Jurisprudence judicial mechanism

    ICTY - Miroslav Radic ("Mrksic et al.")

    Year
    2007
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Former Yugoslavia
    Keywords
    Acquittal Sexual Violence as Genocide

    Reference link
    http://www.icty.org/cases/party/748/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Miroslav Radic ("Mrksic et al.")
    Charges
    Radic was charged with: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3), which included subjecting Bosnian Muslim and Bosnian Croat detainees in various detention facilities to sexual violence. - Persecution as a crime against humanity under Article 7(1) (JCE), which included rapes and sexual assault of Bosnian Muslims, Bosnian Croats and other non-Serbs.
    Trial chamber verdict
    Radic was found not guilty by the Trial Chamber on 27 September 2007 of: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about their physical destruction as genocide and/or complicity in genocide under Article 7(1) (JCE) and 7(3); - Persecution as a crime against humanity under Article 7(1) (JCE). In fact, Radic was acquitted by the Trial Chamber of all charges against him, thus also the sexual violence charges, on 27 September 2007.
    Status
    2715
    Case number
    IT-95-13/1

  • Jurisprudence judicial mechanism

    ICTR - Joseph Nzirorera (“Karemera et al.”)

    Year
    2010
    Issues
    Definitions/Elements of Sexual Violence Crimes
    Country
    Rwanda
    Keywords
    Genocidal Rape Sexual Violence as Genocide Death of Accused

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Joseph Nzirorera
    Charges
    Nzirorera was charged with: - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life upon the Tutsi population that were calculated to bring about its physical destruction as genocide or, alternatively, causing serious bodily or mental harm or deliberately inflicting conditions of life upon the Tutsi population that were calculated to bring about its physical destruction as complicity in genocide under Article 6(1) (direct responsibility) (JCE III) for the following: in Ruhengeri prefecture during early-mid April 1994, Kigali-ville prefecture during April 1994, Butare prefecture during mid-late April 1994, Kibuye prefecture during May - June 1994, and Gitarama prefecture during April and May 1994, and throughout Rwanda, Interahamwe and militiamen raped and sexually assaulted Tutsi women and girls throughout Rwanda, causing them serious bodily or mental harm. Such serious bodily or mental harm inflicted upon Tutsi women and girls was intended to destroy the capacity of persons of Tutsi ethnic or racial identity to sustain themselves physically or psychologically as a group, or to reproduce themselves as a group. - Rape as a crime against humanity under Articles 6(1) (direct responsibility) (JCE III) and 6(3) (command responsibility) in that on or between the dates of 6 April and 17 July 1994, throughout the territory of Rwanda, Nzirorera was responsible for raping persons or causing persons to be raped, as part of a widespread or systematic attack against a civilian population on political, ethnic, or racial grounds, committed as follows: (i) Interahamwe and other militiamen raped Tutsi women and girls in Ruhengeri prefecture during early-mid April 1994, Kigali-ville prefecture during April 1994, Butare prefecture during mid-late April 1994, Kibuye prefecture during May - June 1994, and Gitarama prefecture during April and May 1994.
    Trial chamber verdict
    Nzirorera, however, died (in 2010) during trial and the proceedings against him were terminated.
    Status
    2715
    Case number
    ICTR-98-44

  • 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 - Edouard Karemera (“Karemera et al.”)

    Year
    2014
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Genocidal Rape Joint Criminal Enterprise (JCE) Sexual Violence as Genocide Superior Responsibility

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Edouard Karemera
    Charges
    - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide. -Rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. (As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture, Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe).
    Trial chamber verdict
    Karemera was found guilty by the Trial Chamber on 2 February 2012 of:- Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide-Rape as a crime against humanity
    sentencing
    Karemera received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 29 September 2014 reversed the Trial Chamber’s finding that Karemera bore superior responsibility over the Kigali and/or Gisenyi Interahamwe in relation to the rapes and sexual assaults of Tutsi women committed outside Kigali from April to June 1994. The other sexual violence convictions by the Trial Chamber remained standing.
    Status
    2715
    Case number
    ICTR-98-44

  • Jurisprudence judicial mechanism

    ICTR - Matthieu Ngirumpatse (“Karemera et al.”)

    Year
    2014
    Issues
    Modes of Liability Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Superior Responsibility Joint Criminal Enterprise (JCE) Sexual Violence as Genocide

    Reference link
    http://unictr.unmict.org/en/cases/ictr-98-44
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Matthieu Ngirumpatse
    Charges
    - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide. -Rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. (As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture,Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe).
    Trial chamber verdict
    Ngirumpatse was found guilty by the Trial Chamber (on 2 February 2012) of: - Causing serious bodily or mental harm as genocide or deliberately inflicting conditions of life calculated to bring about its physical destruction as genocide and rape as a crime against humanity under Article 6(1) (JCE III) and Article 6(3) (command responsibility) for the rapes and sexual violence committed against Tutsi women and girls committed by Interahamwe. As for genocide and JCE III, the sexual violence committed after 11 April 1994; as for genocide and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe. As for crimes against humanity and JCE III, the sexual violence committed in Ruhengeri prefecture, Kigali-ville prefecture, Butare prefecture, Kibuye prefecture and Gitarama prefecture; as for crimes against humanity and command responsibility, the sexual violence committed by the Kigali and Gisenyi Interahamwe.
    sentencing
    Ngirumpatse received a sentence of life imprisonment.
    Appeals chamber verdict
    The Appeals Chamber on 29 September 2014 reversed the Trial Chamber’s finding that Ngirumpatse bore superior responsibility over the Kigali and/or Gisenyi Interahamwe in relation to the rapes and sexual assaults of Tutsi women committed outside Kigali from April to June 1994. The other sexual violence convictions by the Trial Chamber remain standing.
    Status
    2715
    Case number
    ICTR-98-44

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).