Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 11 to 13 of 13 results.

  • 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 - 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 - 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

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