Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 1 to 10 of 13 results.
-
Jurisprudence judicial mechanism
ICTR - Tharcisse Muvunyi
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Insufficient Evidence Tutsi Rape as Crime Against Humanity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-55
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Tharcisse Muvunyi
- Charges
- Muvunyi was charged with sexual violence, i.e. rape as a crime against humanity under Article 6(3) (command responsibility).
- Trial chamber verdict
- The Trial Chamber found Muvunyi not guilty under this charge (on 12 September 2006). The Chamber held that the evidence heard that soldiers from ESO Camp committed rape did not support the specific allegation in the indictment that soldiers from Ngoma Camp committed rape and therefore it would be prejudicial and unfair to hold this evidence against Muvunyi.
- sentencing
- Muvunyi was sentenced to 15 years on 1 April 2011 (for other charges).
- Appeals chamber verdict
- Although the Prosecution challenged Muvunyi’s acquittal for rape as a crime against humanity, the Appeals Chamber (on 29 August 2008) dismissed the Prosecution’s ground of appeal. The Appeals Chamber held that: 1) the Trial Chamber did not err in law by finding that it would be prejudicial to consider the evidence of rape by ESO Camp soldiers in light of the rape allegation in the indictment; 2) even if the defect in the indictment could have been remedied, the Appeals Chamber is not satisfied that the Prosecution provided timely, clear, and consistent information of this new material fact to Muvunyi.
- Status
- 2715
- Case number
- ICTR-00-55
-
Jurisprudence judicial mechanism
ICTR - Simon Bikindi
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Complicity Genocidal Rape Insufficient Evidence Tutsi
- Reference link
- http://unictr.unmict.org/en/cases/ictr-01-72
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Simon Bikindi
- Charges
- Bikindi was charged with sexual violence crimes - i.e. causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (ordering, instigating or aiding and abetting) and Article 6(3) (command responsibility) or, in the alternative, complicity in genocide under Article 6(1) (ordering, instigating or aiding and abetting) for, inter alia, rapes and acts of sexual violence committed by Interahamwe under his effective control against Tutsi women (including the rape of a woman named Ancilla), in the course of the execution of his orders to kill all Tutsi in Rubavu area.
- Trial chamber verdict
- The Trial Chamber (on 2 December 2008) held that Bikindi was not guilty thereof as the Prosecution had not proven these charges beyond reasonable doubt.
- sentencing
- Bikindi received a sentence of 15 years’ imprisonment on 18 March 2010 (for other charges).
- Appeals chamber verdict
- The Appeals Chamber dismissed all of Bikindi's grounds of appeal.
- Status
- 2715
- Case number
- ICTR-01-72
-
Jurisprudence judicial mechanism
ICTR - Omar Serushago
- Year
- 2000
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Tutsi Militia Plea Agreement Genocide Genocidal Rape
- Reference link
- http://unictr.unmict.org/en/cases/ictr-98-39
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Omar Serushago
- Charges
- Serushago was charged with genocide and murder, extermination, torture and rape as crimes against humanity. With regard to rape as a crime against humanity he was charged under Article 6(3) (command responsibility) for: (i) the rape of a Tutsi victim at the Commune Rouge in Gisenyi by Bernard Munyagishari in the presence of Serushago at the end of April 1994; and (ii) between April and July 1994, subordinates of Serushago, including Damas, Michel and Migendo, raped or sexually assaulted Tutsi women with the knowledge of Serushago.
- Trial chamber verdict
- As Serushago pleaded guilty, the Trial Chamber found him guilty of genocide and murder, extermination and torture as crimes against humanity.
- sentencing
- Serushago received a sentence of 15 years’ imprisonment on 14 February 2000. He was granted early release on 13 December 2012.
- Appeals chamber verdict
- The Appeals Chamber dismissed both ground of Appeal (Failure to give due weight to the mitigating factors in his case Manifestly excessive sentence) and upheld the Trial Chamber's sentence.
- Status
- 2715
- Case number
- ICTR-98-39-T
-
Jurisprudence judicial mechanism
ICTR - Jean Mpambara
- Year
- 2006
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Acquittal Genocidal Rape Hutu Tutsi Joint Criminal Enterprise (JCE) Aiding and Abetting
- Reference link
- http://www.unictr.org/en/cases/ictr-01-65
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Jean Mpambara
- Charges
- Mpambara was charged with the following sexual violence crimes: Causing serious bodily or mental harm as genocide or, alternatively, complicity in genocide under Article 6(1) (aiding and abetting by omission or, alternatively, JCE III) for acts of sexual violence committed against Tutsi women between 6 and 16 April 1994, including: (i) the rape of a Tutsi woman by two attackers in Gahini sector, in Rukara commune, on or about 8 April 1994; (ii) the rape of a pregnant Hutu woman married to a Tutsi man by multiple attackers in Nyawera sector, in Rukara commune, on or about 11 April 1994; and (iii) the rapes of a number of Tutsi women by soldiers during the attacks on Rukara parish between 7 and 16 April 1994.
- Trial chamber verdict
- Mpambara was found not guilty of all charges by the Trial Chamber on 12 September 2006, thus including sexual violence, and was acquitted.
- Appeals chamber verdict
- The Prosecution did not appeal the acquittal.
- Status
- 2715
- Case number
- ICTR-01-65
-
Jurisprudence judicial mechanism
ICTR - Jean Baptiste Gatete
- Country
- Rwanda
- Keywords
- Acquittal Genocide Tutsi 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
- Jean Baptiste Gatete
- Charges
- Genocide and rape as a crime against humanity under Article 6(1) for: (i) transporting a convoy of armed Interahamwe to Akarambo cellule where he ordered, commanded or incited the Interahamwe to rape Tutsi civilians during the morning of 7 April 1994 and for the subsequent rape of Witness BAT at her house in Akarambo by two Interahamwe on or about 8 April 1994 and the rape of AVO on or about 9 April 1994 as a result of his actions; (ii) inciting the local population in Rwandkuba to rape Tutsi civilians on or about 7 April 1994; (iii) ordering, supervising and participating in the rapes of Tutsi civilians at Kiziguro parish complex on or about 11 April 1994; (iv) transporting armed soldiers and Interahamwe to Mukarange parish, where Tutsis were raped as a result of his actions on or about 10 to 11 April 1994; (v) commanding the Interahamwe to rape Tutsi women at Kayonza commune office on or about 10 to 15 April 1994 and for the subsequent rapes as a result of his actions; (vi) ordering and instigating Interahamwe to rape Tutsis in Nyarusage, Nkamba and Giparara sectors and for the subsequent rapes as a result of his actions; and (vii) ordering the Interahamwe to rape Tutsis in Rukira commune in mid to late April 1994 and for the subsequent rapes as a result of his actions.
- Trial chamber verdict
- The Trial Chamber (on 31 March 2011) found Gatete to be not guilty of the sexual violence charges.
- sentencing
- Gatete was sentenced to 40 years’ imprisonment on 9 October 2012 (for other charges).
- Appeals chamber verdict
- The prosecution did not appeal the sexual violence crimes.
- Status
- 2715
- Case number
- ICTR-00-61
-
Jurisprudence judicial mechanism
ICTR - Ildephonse Nizeyimana
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Gang Rape Genocide Tutsi War Crimes
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-55c
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Ildephonse Nizeyimana
- Charges
- The charges concerned:Causing serious bodily or mental harm as genocide, rape as a crime against humanity and rape as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime under Articles 6(1) and 6(3) for: (i) ordering FAR soldiers, gendarmes and officers stationed at both Ngoma Camp and ESO to rape tutsi women and for the subsequent rapes (ordering); and for (ii) ordering or instigating soldiers from the FAR, ESO, Ngoma Camp, Butare Gendarmerie Camp and Interahamwe militia to rape Tutsi women at Butare Hospital, Butare University and at various locations in Butare prefecture, including the residence of Rosalie Gicanda, and for the subsequent rapes, including the multiple rapes and gang-rapes of MKA, ZBL, BUQ, BJW and DCO (ordering or instigating).
- Trial chamber verdict
- Although Nizeyimana was charged with sexual violence crimes, the Trial Chamber (on 19 June 2012) held that no factual allegations supporting Nizeyimana’s liability for these crimes had been proven. Therefore, the counts were dismissed.
- sentencing
- Nizeyimana was sentenced to 35 years’ imprisonment on 29 September 2014 (for other charges).
- Appeals chamber verdict
- The Prosecution partly appealed these findings on sexual violence. However, the Appeals Chamber found that the Prosecution had failed to show that the Trial Chamber erred in finding that the perpetrators of the rapes at Butare Hospital were not sufficiently identified as ESO soldiers and, therefore, that it could not hold Nizeyimana liable as a superior on this basis. For these reasons, the Appeals Chamber needed not to consider the Prosecution’s arguments on whether Nizeyimana failed to prevent or punish his subordinates for the rapes committed at Butare Hospital. Based on the foregoing, the Appeals Chamber dismissed the Prosecution’s ground of Appeal.
- Status
- 2715
- Case number
- ICTR-00-55C
-
Jurisprudence judicial mechanism
ICTR - Idelphonse Hategekimana
- Year
- 2012
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Genocidal Rape Tutsi Acquittal Command Responsibility Genocidal Intent
- Reference link
- http://www.unictr.org/en/cases/ictr-00-55b
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Idelphonse Hategekimana
- Charges
- - Rape as a crime against humanity under Article 6(3) (command responsibility) for the rape of Nura Sezirahiga by a soldier from Ngoma Military Camp, during an attack led by Hategekimana.- Causing serious bodily or mental harm as genocide under Article 6(1) (JCE) for the sexual violence.
- Trial chamber verdict
- Hategekimana was found guilty by the Trial Chamber on 6 December 2010 of: - Rape as a crime against humanity Hategekimana was found not guilty by the Trial Chamber of: - Causing serious bodily or mental harm as genocide as the Trial Chamber found that the evidence did not establish that Nura Sezirahiga was a Tutsi or that she was raped with genocidal intent.
- sentencing
- Hategekimana was sentenced to life imprisonment.
- Appeals chamber verdict
- Hategekimana’s acquittal for genocide was not appealed by the prosecution. The Appeals Chamber on 8 May 2012 confirmed the conviction for sexual violence by the Trial Chamber.
- Status
- 2715
- Case number
- ICTR-00-55B
-
Jurisprudence judicial mechanism
ICTR - Gratien Kabiligi (Bagasora et al. "Military I")
- Year
- 2008
- Issues
- Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Persecution on Sexual Grounds Tutsi Military
- Reference link
- http://unictr.irmct.org/en/cases/ictr-98-41
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Gratien Kabiligi
- Charges
- Kabiligi 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; and (ii) the sexual assault of Prime Minister Agathe Uwilingiyimana.
- Trial chamber verdict
- Kabiligi was acquitted by the Trial Chamber on 18 December 2008 on all counts, thus including the sexual violence charges. The Trial Chamber did not find that he was directly involved in any of the specific criminal events alleged. In addition, the evidence did not show that his subordinates committed crimes when Kabiligi exercised effective control over them.
- Appeals chamber verdict
- The Prosecution did not appeal these sexual violence acquittals.
- Status
- 2715
- Case number
- ICTR-98-41
-
Jurisprudence judicial mechanism
ICTR - Emmanuel Rukundo
- Country
- Rwanda
- Keywords
- Genocide Mental Harm Rape, Opportunistic Crime Sexual Assault/Attack/Abuse Tutsi
- Reference link
- http://unictr.irmct.org/en/cases/ictr-01-70
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Emmanuel Rukundo
- Charges
- Causing serious mental harm as genocide under Article 6(1) (direct responsibility) (committing) for, inter alia, sexually assaulting Witness CCH, a young Tutsi woman, at the Saint Léon Minor Seminary.
- Trial chamber verdict
- Rukundo was found guilty by the Trial Chamber (on 27 February 2009), with Judge Ki Park dissenting, for causing serious mental harm as genocide.
- sentencing
- Rukundo was sentenced to 23 years’ imprisonment on 20 October 2010.
- Appeals chamber verdict
- The Appeals Chamber, with Judge Pocar dissenting, reversed (on 20 October 2010) the above conviction as it held that the sexual act could be seen as an opportunistic crime that was not accompanied by the specific intent to commit genocide.
- Status
- 2715
- Case number
- ICTR-01-70
-
Jurisprudence judicial mechanism
ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes
- Reference link
- Click here
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Casimir Bizimungu
- Charges
- Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Article 6(3) (command responsibility) for failing to prevent or to punish the rapes of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
- Trial chamber verdict
- Mid-trial, in 2005, Bizimungu was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis).
- Appeals chamber verdict
- Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
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