Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 1 to 10 of 15 results.
  • Jurisprudence judicial mechanism

    ICTR - Paul Bisengimana

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

    Reference link
    http://unictr.unmict.org/en/cases/ictr-00-60
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Paul Bisengimana
    Charges
    Under the Amended Indictment of 1 December 2005, the Prosecution charged Bisengimana with five counts: genocide, complicity in genocide, and murder, extermination and rape as crimes against humanity. At the second further appearance of the Accused on 7 December 2005, the Prosecution withdrew the counts of genocide, complicity in genocide and rape as crimes against humanity. On 17 November 2005, during his further appearance, the Accused pleaded guilty to murder and extermination as a crime against humanity under Article 6(1). The Accused pleaded not guilty to genocide; complicity in genocide; murder as a crime against humanity pursuant to Article 6(3) of the Statute, extermination as a crime against humanity pursuant to Article 6(3) of the Statute, and rape as a crime against humanity.
    Trial chamber verdict
    The Chamber granted the joint motion for consideration of the plea agreement between Bisengimana and the Prosecutor. The Chamber granted the Prosecution motion for withdrawal and dismissal of the counts to which the Accused had pleaded not guilty (genocide, complicity in genocide, and rape as a crime against humanity) and was therefore no longer charged with sexual violence.
    sentencing
    Bisengimana received a sentence of 15 years’ imprisonment on 13 April 2006.
    Status
    2715
    Case number
    ICTR-00-60

  • Jurisprudence judicial mechanism

    ICTY - Damir Dosen ("Sikirica et al.")

    Year
    2001
    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/685/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Damir Dosen
    Charges
    Dosen 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) and 7(3) (command responsibility). On 19 September 2001 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
    On 13 November 2001 the Trial Chamber sentenced Dosen to 5 years’ imprisonment.
    Status
    2715
    Case number
    IT-95-8

  • Jurisprudence judicial mechanism

    ICTY - Dragan Kolundzija ("Sikirica et al.")

    Year
    2001
    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/685/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Dragan Kolundzija
    Charges
    Kolundzija 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) and 7(3) (command responsibility). On 19 September 2001 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
    On 13 November 2001 the Trial Chamber sentenced Kolundzija to 3 years’ imprisonment.
    Status
    2715
    Case number
    IT-95-8

  • Jurisprudence judicial mechanism

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

    Year
    2002
    Issues
    Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Former Yugoslavia
    Keywords
    Withdrawal of Charges Detention Centers

    Reference link
    http://www.icty.org/cases/party/874/4
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Former Yugoslavia (ICTY)
    Name of accused
    Nenad 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). The indictment against Banovic was withdrawn on 10 April 2002 and the next day he was released from the ICTY Detention Unit. This followed a Prosecution Motion to the Trial Chamber dated 27 March 2002 to withdraw the indictment against Nenad Banovic. The Motion read: “At this time, given the state of evidence and witnesses, there is insufficient evidence to proceed to trial against the accused Nenad Banovic on the significant charges of the Indictment… the Prosecutor respectfully requests that this International Tribunal withdraw the Indictment against Nenad Banovic.”
    Status
    2715
    Case number
    IT-02-65

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Bagambiki ("Ntagerura et al.")

    Year
    2004
    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Withdrawal of Charges In Absentia Extradition

    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
    Emmanuel Bagambiki
    Status
    2715
    Case number
    ICTR-99-46

  • 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

  • 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

    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

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