Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 8 results.
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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
-
Jurisprudence judicial mechanism
ICTR - Pauline Nyiramasuhuko (Nyiramasuhuko et al."Butare")
- Year
- 2015
- Issues
- Definitions/Elements of Sexual Violence Crimes Female Perpetrators of Sexual Violence Procedural Rules Advancing Sexual Violence Prosecutions Sentencing and Reparations
- Country
- Rwanda
- Keywords
- Forced Nudity Insufficient Evidence Superior Responsibility Fair Trial Undue Delay
- Reference link
- http://unictr.unmict.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
- Pauline Nyiramasuhuko
- Charges
- - Rape as a crime against humanity.-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(3) (command responsibility) for ordering Interahamwe under her effective control to rape Tutsi women at the Butare prefecture office.- 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 under Articles 6(1) (direct responsibility) and 6(3) (command responsibility).
- Trial chamber verdict
- Nyiramasuhuko 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. Nyiramasuhuko was found not guilty by the Trial Chamber of:- 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 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 Nyiramasuhuko forced her victims to undress completely before forcing them into vehicles and taking them to their deaths.
- sentencing
- Nyiramasuhuko received a sentence of life imprisonment. However, her 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 the findings in respect of the sexual violence conviction (see above). Her 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 - Hazim Delic (Mucic et al."Celebici Camp")
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Akayesu Torture Superior Responsibility Camp Rape/Sexual Violence in Detention
- Reference link
- http://www.icty.org/cases/party/676/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Hazim Delic
- Charges
- - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(1) (committing) for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A). - Other sexual violence charges charged under Article 7(3)
- Trial chamber verdict
- Delic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime Delic was found not guilty by the Trial Chamber of: - All the other sexual violence charges for which he was charged under Article 7(3) as the Prosecution failed to prove that Delic had superior responsibility over Celebici prison-camp, i.e. for the multiple rapes of Grozdana Cecez and Milojka Antic (i.e. cruel treatment as a violation of the laws or customs of war as a war crime); for placing a burning fuse cord around the genital areas of two detainees (i.e. willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime); and for forcing detainees to commit fellatio on each other (i.e. inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime).
- sentencing
- Delic was sentenced to 18 years of imprisonment on 8 April 2003.
- Appeals chamber verdict
- The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the rape of Grozdana Cecez and for multiple rapes of Milojka Antic (Witness A).
- Status
- 2715
- Case number
- IT-96-21
-
Jurisprudence judicial mechanism
ICTY - Nebojsa Pavkovic (“Sainovic et al.; previously Milutinovic et al.”)
- Year
- 2014
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Persecution on Sexual Grounds Joint Criminal Enterprise (JCE) Superior Responsibility Physical Integrity Consent Foreseeable Consequence Common Objective of JCE Kosovo Albanian Civilians Kunarac
- Reference link
- http://www.icty.org/cases/party/740/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Nebojsa Pavkovic
- Charges
- - Persecution as a crime against humanity under Article 7(1) (JCE III) for sexual assaults committed in Decani/Deçan and in Cirez/Qirez in the municipality of Srbica/Skenderaj by the VJ and MUP forces executing his orders. - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity under Article 7(1) and 7(3) for deliberately creating an atmosphere of fear and oppression through sexual assault of Kosovo Albanian women, in order to forcibly displace and deport Kosovo Albanian civilians.
- Trial chamber verdict
- Pavkovic was found guilty by the Trial Chamber on 26 February 2009 of: - Persecution as a crime against humanity Pavkovic was found not guilty by the Trial Chamber of: - Deportation as a crime against humanity and other inhumane acts (forcible transfer) as crimes against humanity
- sentencing
- Pavkovic was sentenced by the Appeals Chamber to 22 years’ imprisonment on 23 January 2014.
- Appeals chamber verdict
- The Appeals Chamber, with Judge Liu and Judge Tuzmukhamedov dissenting, subsequently found that the Trial Chamber incorrectly held Pavkovic not guilty for committing through his participation in a JCE III persecution, through sexual assaults, as a crime against humanity in Priština/Prishtina, but declined, Judge Ramaroson dissenting, to enter new convictions against him in this regard (with reference to Article 25(2) of the ICTY Statute and the Jelisic Appeal Judgement, para. 73 (discretion in choice of remedy lies with the Chamber)).
- Status
- 2715
- Case number
- IT-05-87
-
Jurisprudence judicial mechanism
ICTY - Zdravko Mucic (Mucic et al. "Celebici Camp")
- Year
- 2003
- Issues
- Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Genitalia Forced Oral Sex Superior Responsibility
- Reference link
- http://www.icty.org/cases/party/676/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Zdravko Mucic
- Charges
- - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the multiple rapes of Grozdana Cecez and Milojka Antic (Witness A). - Willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for the serious pain and injury inflicted upon detainee Vukašin Mrkajic when Esad Landzo placed a burning fuse cord against Vukašin Mrkajic’s bare skin in the genital area. - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Article 7(3) (command responsibility) for when Esad Landzo forced two detainees, Vaso Dorcic and his brother Veseljko Dorcic, to commit fellatio on each other.
- Trial chamber verdict
- Mucic was found guilty by the Trial Chamber on 16 November 1998 of: - Torture as a grave breach of the Geneva Conventions of 1949 as a war crime and torture as a violation of the laws or customs of war as a war crime - Willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime - Inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime
- sentencing
- Mucic was sentenced to 9 years of imprisonment on 8 April 2003.
- Appeals chamber verdict
- The Appeals Chamber on 20 February 2001 stated that “multiple criminal convictions entered under different statutory provisions but based on the same conduct are permissible only if each statutory provision involved has a materially distinct element not contained in the other.” For this reason, it reversed the Trial Chamber’s conviction for torture as a violation of the laws or customs of war as a war crime, but upheld the torture as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the multiple rapes of Grozdana Cecez and Milojka Antic (Witness A). In addition, the Appeals Chamber reversed the Trial Chamber’s conviction for cruel treatment as a violation of the laws or customs of war as a war crime, but upheld the willfully causing great suffering or serious injury to body or health as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for the serious pain and injury inflicted upon detainee Vukasin Mrkajic when Esad Landzo placed a burning fuse cord against Vukasin Mrkajic’s bare skin in the genital area. Finally, The Appeals Chamber reversed the cruel treatment as a violation of the laws or customs of war as a war crime, but upheld the inhuman treatment as a grave breach of the Geneva Conventions of 1949 as a war crime conviction for when Esad Landzo forced two detainees, Vaso Dorcic and his brother Veseljko Dorcic, to commit fellatio on each other.
- Status
- 2715
- Case number
- IT-96-21
-
Jurisprudence judicial mechanism
SCSL - Charles Ghankay Taylor
- Year
- 2013
- Issues
- Definitions/Elements of Sexual Violence Crimes Achievements and Challenges of Sexual Violence Prosecution Modes of Liability
- Country
- Sierra Leone
- Keywords
- Forced Marriage Aiding and Abetting Superior Responsibility Conjugal Slavery AFRC RUF
- Reference link
- http://www.rscsl.org/Taylor.html
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Court for Sierra Leone (SCSL)
- Name of accused
- Charles Ghankay Taylor
- Charges
- Taylor faced an eleven count indictment, including; - crimes against humanity of rape and sexual slavery - war crime of outrages upon personal dignity. -war crime of committing acts of terror, carried out by, inter alia, sexual violence. He was not accused of carrying out these crimes himself; rather, he was charged with assisting and encouraging, acting in concert with, directing, controlling and/or being the superior of the Revolutionary United Front (RUF), the Armed Forces Revolutionary Council (AFRC), the joint RUF-AFRC junta and/or Liberian fighters.
- Trial chamber verdict
- On 26 April 2012 the Trial Chamber found Taylor guilty on all eleven counts charged, including the charges that incorporated sexual violence crimes, as an aider and abettor of crimes committed by rebel forces in Sierra Leone.
- sentencing
- Taylor was sentenced to 50 years’ imprisonment.
- Appeals chamber verdict
- The Appeals Chamber, on 26 September 2013, upheld Taylor’s conviction and 50 years’ sentence.
- Status
- 2715
- Case number
- SCSL-03-01
-
Jurisprudence judicial mechanism
US Military Commission in Manila - General Tomoyuki Yamashita
- Year
- 1945
- Issues
- Modes of Liability
- Country
- Japan
- Keywords
- Superior Responsibility Sexual Violence World War II
- Reference link
- https://supreme.justia.com/cases/federal/us/327/1/
- Type of mechanism
- Military Commission
- Name of mechanism
- US Military Commission in Manila
- Name of accused
- Tomoyuki Yamashita
- Charges
- He was charged with several war crimes, including rape, under command responsibility (as a commander he was held responsible for his subordinates), for the rape of hundreds of Filipino women. It was never alleged that he had personally committed the rapes.
- Trial chamber verdict
- On 7 December 1945, Yamashita was found guilty. The commission considered rape a war crime.
- sentencing
- Sentenced to death by hanging.
- Appeals chamber verdict
- His conviction was upheld by the US Supreme Court in 1946.
- Status
- 2715
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