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
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