Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 701 to 710 of 736 results.
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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 - Innocent Sagahutu (Ndindiliyimana et al. “Military II”)
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Humiliating and Degrading Treatment War Crimes Rape as Crime Against Humanity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-00-56
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Innocent Sagahutu
- Charges
- Rape as a crime against humanity and rape, humiliating and degrading treatment 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 committed by soldiers from the A squad of the Reconnaissance battalion, led by Sagahutu and under the command of Major Nzuwonemeye in the kiosks at the entrance of the hospital of Kigali during April, May and June 1994.
- Trial chamber verdict
- Sagahutu was found not guilty by the Trial Chamber (on 17 May 2011)for the sexual violence charges.
- sentencing
- Sagahutu was sentenced to 15 years’ imprisonment on 11 February 2014 by the Appeals Chamber (for other charges).
- Appeals chamber verdict
- The Prosecution did not appeal the acquittals for sexual violence.
- Status
- 2715
- Case number
- ICTR-00-56
-
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 - Jerome Bicamumpaka (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Insufficient Evidence War Crimes Rape as Crime Against Humanity
- Reference link
- http://www.unictr.org/en/cases/ictr-99-50
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Jerome Bicamumpaka
- Charges
- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
- Trial chamber verdict
- The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Bicamumpaka 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
- Bicamumpaka was acquitted by the Trial Chamber (on 30 September 2011) on all counts.
- Status
- 2715
- Case number
- ICTR-99-50
-
Jurisprudence judicial mechanism
ICTR - Justin Mugenzi (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Insufficient Evidence Outrages upon Personal Dignity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-99-50
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Justin Mugenzi
- Charges
- Mugenzi was charged in the indictment with:Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).However, the charges were not substantiated with material facts related to the sexual violence.
- Trial chamber verdict
- Mid-trial, in 2005, Mugenzi was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugenzi was acquitted by the Trial Chamber (on 30 September 2011) on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
- Appeals chamber verdict
- Mugenzi was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
-
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
ICTR - Prosper Mugiraneza (Bizimungu et al. “Government II”)
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Genocide Insufficient Evidence Outrages upon Personal Dignity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-99-50
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Prosper Mugiraneza
- Charges
- Mugiraneza was charged in the indictment with:- Rape as a crime against humanity and outrages upon personal dignity as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as war crimes under Articles 6(1) and 6(3).
- Trial chamber verdict
- The charges were not substantiated with material facts related to the sexual violence.Mid-trial, in 2005, Mugiraneza was acquitted of the sexual violence charges due to a lack of evidence (See the Decision on Defense Motions Pursuant to Rule 98bis). Mugiraneza was acquitted by the Trial Chamber on the sexual violence counts, but not for conspiracy to commit genocide and direct and public incitement to commit genocide (for other – non sexual violence – crimes).
- Appeals chamber verdict
- Mugiraneza was acquitted by the Appeals Chamber on 4 February 2014 (on all counts).
- Status
- 2715
- Case number
- ICTR-99-50
-
Jurisprudence judicial mechanism
ICTR - Simeon Nchamihigo
- Issues
- Sexual Violence against Men
- Country
- Rwanda
- Keywords
- Acquittal Castration Inhuman Treatment Sexual Violence against Men/Boys Genitalia
- Reference link
- http://unictr.unmict.org/en/cases/ictr-01-63
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Simeon Nchamihigo
- Charges
- Other inhumane acts as crimes against humanity under Article 6(1) (direct responsibility) (ordering or instigating) for ordering or instigating Interahamwe to remove the genitals of a Tutsi man called Jean-Fidele Murekezi before killing him near Cyangugu prison on or about 16 April 1994.
- Trial chamber verdict
- No evidence was led on the charge (on the removal of body parts or organs) against Nchamihigo. Nchamihigo was therefore found not guilty by the Trial Chamber (on 12 November 2008) of other inhumane acts as crimes against humanity (and the matter was not part of the Appeal Judgment).
- sentencing
- Nchamihigo was sentenced to 40 years’ imprisonment on 18 March 2010.
- Status
- 2715
- Case number
- ICTR-01-63
-
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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