Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 15 results.

  • Jurisprudence judicial mechanism

    Higher Regional Court of Stuttgart - Ignace Murwanashyaka (“Murwanashyaka and Musoni”)

    Year
    2015
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Socio-cultural Context of Sexual Violence
    Country
    Democratic Republic of Congo (DRC), Germany
    Keywords
    Withdrawal of Charges Child Soldiers Gang Rape Traumatization Vulnerability

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Higher Regional Court of Stuttgart
    Name of accused
    Ignace Murwanashyaka
    Charges
    Murwanashyaka was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
    sentencing
    On 28 September 2015, Murwanashyaka was convicted for the remaining charges and received a sentence of 13 years in prison.
    Status
    2715

  • Jurisprudence judicial mechanism

    Higher Regional Court of Stuttgart - Straton Musoni (“Murwanashyaka and Musoni”)

    Year
    2015
    Issues
    Socio-cultural Context of Sexual Violence Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC), Germany
    Keywords
    Withdrawal of Charges Vulnerability Traumatization Gang Rape Child Soldiers

    Reference link
    Link 1 Link 2
    Type of mechanism
    Domestic court
    Name of mechanism
    Higher Regional Court of Stuttgart
    Name of accused
    Straton Musoni
    Charges
    Musoni was charged in 2009 with 26 counts of crimes against humanity and 39 counts of war crimes, including massive sexual violence (including gang rape of women). He was accused of ordering militias to commit mass murder and rape between January 2008 and the date of their arrest in Germany in November 2009 (command responsibility). However, over time, only charges related specifically to the killings remained, in part because “the court decided not to further tax the vulnerability of traumatized rape victims” or child soldiers by making them appear before the hearing.
    sentencing
    On 28 September 2015, Musoni was convicted for the remaining charges and received a sentence of 8 years in prison.
    Status
    2715

  • Jurisprudence judicial mechanism

    ICC - Mathieu Ngudjolo Chui

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Insufficient Evidence Forced Marriage Forced Nudity Severance of Charges Withdrawal of Charges

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200104/related%20cases/ICC-01-04-02-12/Pages/default.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Mathieu Ngudjolo Chui
    Charges
    Initially, Chui was charged (together with Katanga) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution's Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Chui (and Katanga) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(a), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
    Trial chamber verdict
    On 18 December 2012, Trial Chamber II acquitted Chui of the charges of war crimes and crimes against humanity. It was found not proven beyond a reasonable doubt that Chui was the commander of the Lendu combatants during the attack on Bogoro in Ituri, Eastern DRC on 24 February 2003, as charged by the ICC. Rather, the evidence supported the finding that he held the role of a commander in March 2003, after the February attack on Bogoro.
    Appeals chamber verdict
    On 21 December 2012, Chui was released from custody. On 27 February 2015, the Appeals Chamber confirmed, by majority, Trial Chamber II’s decision of 18 December 2012 acquitting Chui.
    Status
    2715
    Case number
    ICC-01/04-02/12

  • Jurisprudence judicial mechanism

    ICC - Uhuru Muigai Kenyatta

    Year
    2015
    Issues
    Definitions/Elements of Sexual Violence Crimes Sexual Violence against Men Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Kenya
    Keywords
    Acts of a Sexual Nature Genitalia Withdrawal of Charges Penile Amputation

    Reference link
    https://www.icc-cpi.int/kenya/kenyatta
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Uhuru Muigai Kenyatta
    Charges
    Kenyatta was charged, in the context of the 2007-2008 post-election violence in Kenya, with: - Rape and other forms of sexual violence as crimes against humanity under Article 25(3)(a) or (d) (“From on or about 27 December 2007 to 29 February 2008, Muthaura, Kenyatta and Ali, as co-perpetrators, or in the alternative, as part of a group of persons acting with a common purpose, committed or contributed to the commission of crimes against humanity, namely rape and other forms of sexual violence against civilian supporters of the Orange Democratic Movement political party in or around locations including Kibera (Kibera Division, Nairobi Province), Nakuru town (Nakuru District, Rift Valley Province) and Naivasha town (Naivasha District, Rift Valley Province), Republic of Kenya, in violation of Articles 7(l)(g) and 25(3)(a) or (d) of the Rome Statute.”).
    Trial chamber verdict
    In the Decision on the Confirmation of the Charges of 23 January 2012, the Chamber decided to remain the charge of rape as a crime against humanity, but to replace the charge of other forms of sexual violence as crimes against humanity (Article 7(1)(g) with causing severe/serious physical injuries which constitutes other inhumane acts as crimes against humanity (Article 7(1)(k)). (“Turning to the legal characterization of these acts, the Chamber recalls that it is essential for qualification of a certain act as other forms of sexual violence pursuant to article 7(l)(g) of the Statute that the act in question be of a sexual nature. The Chamber notes that at the confirmation of charges hearing, the Prosecutor submitted ‘that these weren’t just attacks on men’s sexual organs as such but were intended as attacks on men’s identities as men within their society and were designed to destroy their masculinity’. The Chamber is of the view that not every act of violence which targets parts of the body commonly associated with sexuality should be considered an act of sexual violence. In this respect, the Chamber considers that the determination of whether an act is of a sexual nature is inherently a question of fact. The Chamber finds that the evidence placed before it does not establish the sexual nature of the acts of forcible circumcision and penile amputation visited upon Luo men. Instead, it appears from the evidence that the acts were motivated by ethnic prejudice and intended to demonstrate cultural superiority of one tribe over the other. Therefore, the Chamber concludes that the acts under consideration do not qualify as other forms of sexual violence within the meaning of article 7(l)(g) of the Statute. However, as explained in the following section, the Chamber considers them as part of the Prosecutor’s allegation of acts causing severe physical injuries and will address them accordingly.” (paras. 264-266)) On 5 December 2014, the Prosecutor filed a notice to withdraw charges against Kenyatta (due to the status of the evidence available). On 13 March 2015, Trial Chamber V(B), noting the Prosecution’s withdrawal of charges against Kenyatta, decided to terminate the proceedings in this case and to vacate the summons to appear against him. The Prosecution held that the case can be re-opened, or brought in a different form, if new evidence establishing the crimes and his responsibility for them is discovered. Trial terminated.
    Status
    2715
    Case number
    ICC-01/09-02/11

  • Jurisprudence judicial mechanism

    ICC - Germain Katanga

    Year
    2014
    Issues
    Definitions/Elements of Sexual Violence Crimes Modes of Liability Sentencing and Reparations Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Democratic Republic of Congo (DRC)
    Keywords
    Acquittal Common Purpose Forced Marriage Forced Nudity Definition of Rape Withdrawal of Charges Severance of Charges

    Reference link
    https://www.icc-cpi.int/drc/katanga
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Germain Katanga
    Charges
    Initially, Katanga was charged (together with Chui) with crimes against humanity and war crimes, including sexual slavery, committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. Although subsequent events resulted in withdrawal of the sexual slavery counts as evidence from two victims/witnesses of sexual violence substantiating these counts was excluded by the Court because of security concerns, a change in their security situation made it possible for the Prosecutor to reinstate the sexual slavery as a crime against humanity and a war crime counts and add charges of rape as a crime against humanity and a war crime as well as outrages upon personal dignity as a war crime on 12 June 2008 (Prosecution’s Submission, 12 June 2008). According to the amended document containing the charges, in its section elaborating on ‘sexual offences’ (Prosecution’s Amended Document, 12 June 2008, para. 89): “women, who were captured at Bogoro and spared because they hid their ethnicity, were raped, sexually enslaved or humiliated. Threatened with death by the combatants, one woman was stripped and forced to parade half naked in front of them. Others were raped and forcibly taken to military camps. Once there, they were sometimes given as a ‘wife’ to their captors or kept in the camp’s prison, which was a hole dug in the ground. The women detained in these prisons were repeatedly raped by soldiers and commanders alike and also by soldiers who were punished and sent to prison. The fate reserved to captured women was widely known. Shortly after the Bogoro attack, KATANGA saw one of the imprisoned women detained in such conditions in one of the FRPI camps.” On 30 September 2008, the Chamber confirmed the charges against Katanga (and Chui) for rape and sexual slavery as crimes against humanity and war crimes under Article 25(3)(d), but declined to confirm the charge of outrages upon personal dignity as a war crime as, the Chamber held, the link to the suspect was lacking (Decision on the Confirmation of Charges, 30 September 2008). On 21 November 2012, the Court severed the charges against Katanga and Chui.
    Trial chamber verdict
    The Judgement against Katanga was pronounced on 7 March 2014 and although he was convicted for several other crimes against humanity and war crimes under Article 25(3)(d), he was acquitted for the sexual violence charges. The Chamber unanimously found Katanga not guilty of contributing to the acts of sexual violence as they did not believe these crimes formed part of the common purpose of the attack, unlike the crimes of directing an attack against a civilian population, pillage, murder and destruction of property as war crimes/crimes against humanity.
    sentencing
    A total sentence of 12 years’ imprisonment was given on 23 May 2014 (for other charges).
    Appeals chamber verdict
    On 13 November 2015, a Panel of three Judges of the Appeals Chamber, specifically appointed by the Appeals Chamber, reviewed Katanga’s sentence and decided to reduce it. Accordingly, the date for the completion of his sentence was set to 18 January 2016. Decisions on possible victim reparations, which might have an impact on victims of sexual violence, will be rendered later.
    Status
    2715
    Case number
    ICC-01/04-01/07

  • Jurisprudence judicial mechanism

    ICTY - Pedrag Banovic ("Mejakic et al.")

    Year
    2013
    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Plea Agreement Detention Centers

    Reference link
    http://www.icty.org/cases/party/664/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Pedrag Banovic
    Charges
    Banovic was charged with sexual violence crimes in the second amended indictment (of 3 January 2001), including with persecutions on political, racial or religious grounds as a crime against humanity; inhumane acts as a crime against humanity; and outrages upon personal dignity as a violation of the laws or customs of war as a war crime for the sexual assault and rape of Bosnian Muslims, Bosnian Croats and other non-Serbs in the Prijedor municipality, including those detained in the Keraterm camp, under Article 7(1) (instigated, committed or otherwise aided and abetted). On 5 June 2013 he entered a plea of guilty to persecution as a crime against humanity only, but the factual basis for the guilty plea no longer included the sexual violence as charged in the indictment.
    sentencing
    Banovic was sentenced by the Trial Chamber to 8 years’ imprisonment on 28 October 2013.
    Status
    2715
    Case number
    IT-02-65/1

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Ndindabahizi

    Year
    2007
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Withdrawal of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-71
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Commission of Inquiry on Guinea
    Name of accused
    Emmanuel Ndindabahizi
    Charges
    The original indictment did not include charges of sexual violence against Ndindabahizi. On 3 October 2001, the Prosecution was, however, granted leave to amend the indictment by adding a charge of rape as a crime against humanity under Article 6(3) (command responsibility). Nevertheless, on 30 June 2003, the Prosecution requested to withdraw from the indictment charges of incitement to commit genocide and of rape as a crime against humanity, as well as all allegations of superior responsibility under Article 6(3), which was granted by the Chamber. Therefore, under the amended Indictment of 1 September 2003, the Accused was charged with three counts: genocide and extermination and murder as crimes against humanity under Article 6(1) (direct responsibility), but no longer for sexual violence.
    sentencing
    Ndindabahizi was sentenced to life imprisonment on 16 January 2007 (for other charges).
    Status
    2715
    Case number
    ICTR-01-71

  • Jurisprudence judicial mechanism

    ICTR - Joseph Nzabirinda

    Year
    2007
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Withdrawal of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-01-77
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Joseph Nzabirinda
    Charges
    Although the indictment against Nzabirinda contained rape as a crime against humanity, the Prosecution withdrew the indictment later on and filed a new indictment with only one count of murder as a crime against humanity.
    sentencing
    He was convicted to 7 years’ imprisonment on 23 February 2007 on the basis of a guilty plea (for other charges).
    Status
    2715
    Case number
    ICTR-01-77

  • Jurisprudence judicial mechanism

    ICTR - Juvénal Rugambarara

    Year
    2007
    Issues
    Procedural Rules Advancing Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Plea Agreement Withdrawal of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-59
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Juvenal Rugambarara
    Charges
    Although Rugambarara was originally charged with sexual violence crimes, including at least rape as a crime against humanity under Articles 6(1) and 6(3) [in addition, he was charged with genocide, complicity in genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, extermination and torture as crimes against humanity and serious violations of common Article 3 of the Geneva Conventions of 12 August 1949, pursuant to Articles 6(1) and 6(3), yet the indictment is not any longer available and therefore it is unclear whether any of these charges also included sexual violence], the charges were dropped as a result of a guilty plea arrangement.
    Trial chamber verdict
    Rugambarara only pleaded guilty to the crime of extermination as a crime against humanity pursuant to Article 6(3) (command responsibility) of the Statute.
    sentencing
    Rugambarara received a sentence of 11 years’ imprisonment on 16 November 2007 (for other charges).
    Status
    2715
    Case number
    ICTR-00-59

  • Jurisprudence judicial mechanism

    ICTR - Samuel Imanishimwe ("Ntagerura et al.")

    Year
    2006
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions Achievements and Challenges of Sexual Violence Prosecution
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Withdrawal of Charges

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-46
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Samuel Imanishimwe
    sentencing
    Imanishimwe was sentenced to 12 years’ imprisonment on 7 July 2006 (for other charges).
    Status
    2715
    Case number
    ICTR-99-46

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