Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 11 to 13 of 13 results.
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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 - 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 - 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
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