Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing 711 to 720 of 736 results.
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Jurisprudence judicial mechanism
ICTR - Tharcisse Renzaho
- Country
- Rwanda
- Keywords
- Acquittal Command Responsibility Deficit in Pleading Rape as Crime Against Humanity
- Reference link
- http://unictr.unmict.org/en/cases/ictr-97-31
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Rwanda (ICTR)
- Name of accused
- Tharcisse Renzaho
- Charges
- 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 Article 6(3) (command responsibility) for his failure to prevent the rapes of Witnesses AWO, AWN and Witness AWN’s sister.
- Trial chamber verdict
- Renzaho was found guilty by the Trial Chamber (on 14 July 2009) for the sexual violence crimes.
- sentencing
- Renzaho received a sentence of life imprisonment on 1 April 2011 (for other charges).
- Appeals chamber verdict
- The Appeals Chamber reversed the above convictions (on 1 April 2011), because it found that Renzaho’s reason to know of the rapes of Witness AWO, Witness AWN and Witness AWN’s sister was not pleaded in the indictment nor communicated by the Prosecution in a manner sufficient to give notice to Renzaho and that he was materially prejudiced by this defect.
- Status
- 2715
- Case number
- ICTR-97-31
-
Jurisprudence judicial mechanism
ICTR transfer - Aloys Ndimbati
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Sexual Violence as a Weapon of War
- Country
- Rwanda
- Keywords
- Accused at large Interahamwe Forced Nudity Sexual Mutilation Killings
- Reference link
- http://www.unmict.org/en/cases/mict-12-14
- Type of mechanism
- Domestic court
- Name of accused
- Aloys Ndimbati
- Charges
- Ndimbati is charged with sexual violence crimes (on the basis of the second amended indictment of 8 May 2012) as follows: - Genocide under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Complicity in genocide under Article 6(1) (direct responsibility) (JCE I). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (JCE I) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern the: (i) instruction and prompting by Ndimbati (and Musema) of Interahamwe, who were among the Gisovu tea factory workers, to rape and kill a Tutsi woman by the name Annociata Mujawayezu and her son. As Annonciata’s son cried, he instructed the same Interahamwe to cut off Annociata’s breast and give it to her son in order to make him stop crying. Therafter she was raped and then killed, together with her son; (ii) taking aside of Adele Nyiramayombo near a road going to the Bisesero hills and telling her to undress. When Adele Nyiramayombo resisted, he slapped her and threatened to kill her. She finally gave up and undressed herself. Ndimbati then raped her for about 15 minutes in the presence of the Interahamwe in an open place. Meanwhile Alfred Musema raped Dancile Mukangemanyi not far from Ndimbati. After raping the women, they instructed and prompted the Twa Interahamwe to take Adele Nyiramayombo, Dancile Mukangemanyi and Azarias Munyampama away and kill them. They left with the third woman, Gaudance Mukankundiye, saying that they would rape her later. Adele Nyiramayombo and Dancile Mukangemunyi were then killed by the Twa Interahamwe as instructed and prompted by Ndimbati and Musema. Azarias Munyampama survived.
- Status
- 2778
- Case number
- MICT-12-14
-
Jurisprudence judicial mechanism
ICTR transfer - Ladislas Ntaganzwa
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Amended Indictment Aiding and Abetting Interahamwe Ordering/Instigating Hostage
- Reference link
- http://www.unmict.org/en/cases/mict-12-21
- Type of mechanism
- Domestic court
- Name of accused
- Ladislas Ntaganzwa
- Charges
- Ntaganzwa is charged with sexual violence crimes (in the second amended indictment of 30 March 2012) as follows: - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) (committing, ordering and instigating, and aiding and abetting) and 6(3) (command responsibility). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (committing, ordering and instigating, and aiding and abetting) and 6(3) (command responsibility). The underlying facts that relate to the sexual violence for all these charges concern: (i) at a date in early May 1994, at the Ryabidandi roadblock, Ryabidandi cellule, Nyagisozi secteur, Nyakizu commune, Ntaganzwa instructed and prompted a group of about eight JDR, interahamwe, and Hutu and Twa civilians to rape a Tutsi woman named Astorie (last name unknown). Acting on the direct instructions and the prompting of Ntaganzwa, Astorie was repeatedly raped during the night at a residence close to the Judicial Police Inspector’s residence within Ryabidandi cellule; (ii) On or about the day after this event, Ntaganzwa instructed and prompted a certain Habib, a Hutu civilian, to rape ARH, a Tutsi woman. Following Ntaganzwa’s instructions and prompting, Habib took ARH hostage and repeatedly raped her for a period of approximately 2 months.
- Status
- 2778
- Case number
- MICT-12-21
-
Jurisprudence judicial mechanism
ICTR transfer - Laurent Bucyibaruta
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda, France
- Keywords
- Interahamwe Investigation Rape, Public Roadblocks
- Reference link
- http://www.unmict.org/en/cases/mict-13-44
- Type of mechanism
- Domestic court
- Name of accused
- Laurent Bucyibaruta
- Charges
- Bucyibaruta was charged with (in the indictment of 16 June 2005): - Rape as a crime against humanity under Article 6(1) (planning, instigating, ordering, committing or otherwise aiding and abetting and JCE) for: (i) the setting up of roadblocks where, where Tutsi girls and women were repeatedly raped by soldiers, Interahamwe and armed civilians, including at Kabeza Trading Centre and the entrance to the Murambi Technical School; (ii) the attack on Ecole des Filles de Kibeho by Gendarmes, Interahamwe and Hutu civilians and whereby many Tutsi girls were raped. In addition, under Article 6(3) (command responsibility) for rapes that were committed by his subordinates in and around Murambi, Munyinya, Nzega, Uwabahima and Rwigoma (including rapes in front of the women’s children and one rape in which the perpetrator said that the woman had earlier refused to marry a Hutu).
- Status
- 2778
- Case number
- MICT-13-44
-
Jurisprudence judicial mechanism
ICTR transfer - Pheneas Munyarugarama
- Country
- Rwanda
- Keywords
- Reference link
- http://www.unmict.org/en/cases/mict-12-09
- Type of mechanism
- Domestic court
- Name of accused
- Pheneas Munyarugarama
- Charges
- Although rape as a crime against humanity is charged in the amended indictment of 13 June 2012, there is no factual account of any sexual violence crimes in the indictment.
- Status
- 2778
- Case number
- MICT-12-09
-
Jurisprudence judicial mechanism
ICTR transfer - Ryandikayo
- Issues
- Achievements and Challenges of Sexual Violence Prosecution
- Country
- Rwanda
- Keywords
- Accused at large Aiding and Abetting Ordering/Instigating Interahamwe
- Reference link
- http://unictr.irmct.org/en/cases/ictr-95-1e
- Type of mechanism
- Domestic court
- Name of accused
- Ryandikayo
- Charges
- Ryandikayo is charged with sexual violence crimes (in the second amended indictment of 8 May 2012) as follows: - Genocide for harming, including by raping, under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). [NB. Only 2(3)(a) is charged, not 2(3)(b), even though rape is mentioned for the count of genocide] - Complicity in genocide under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Rape as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). - Persecution as a crime against humanity under Article 6(1) (direct responsibility) (commission, JCE I, ordering and instigating, aiding and abetting in relation to the sexual violence charged in paragraph 24) (commission, JCE I, ordering, instigating and planning, and aiding and abetting in relation to the sexual violence charged in paragraphs 33 and 34). The underlying facts that relate to the sexual violence for all these charges concern: (i) Ryandikayo took Jacqueline Uwineza into his house in Mubuga where he raped her and then took her to his banana plantation where she was killed by Interahamwe who beat her with clubs and machetes on his instigation and prompting (paragraph 24); (ii) the leading of six Tutsi girls on foot to the Mubuga cemetery and raping them, on the instructions of, inter alia, Ryandikayo (paragraph 33); (iii) in the course of an attack at Mubuga Catholic church, Ryandikayo together with Interahamwe and armed Hutu civilians, who acted in accordance with Ryandikayo’s instructions, prompting, and plan, raped and killed other Tutsi girls who were in the parish. Among them was a girl by the name of Claudine who resided near the parish.
- Status
- 2778
- Case number
- MICT-12-22
-
Jurisprudence judicial mechanism
ICTR transfer - Wenceslas Munyeshyaka
- Issues
- Achievements and Challenges of Sexual Violence Prosecution Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Rwanda, France
- Keywords
- Acquittal Aiding and Abetting Interahamwe In Absentia Priest
- Reference link
- Link 1 Link 2
- Type of mechanism
- Domestic court
- Name of accused
- Wenceslas Munyeshyaka
- Charges
- In the indictment of 2005, he was charged with: - Causing serious bodily or mental harm as genocide under Article 6(1) (direct responsibility) for (i) (aiding and abetting) an Interahamwe to rape HH a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish; (ii) (aiding and abetting) an Interahamwe to rape BFY a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish; (iii) (committing) rape on GG a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish in Kigali city; (iv) (committing) rape on BB a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish in Kigali city; (v) (committing) rape on EE, a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, Kigali city. - Rape as a crime against humanity under Article 6(1) (direct responsibility) for: (i) (committing) rape on GG a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish in Kigali city; (ii) (aiding and abetting) an Interahamwe to rape a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille Parish, in Kigali city; (iii) (aiding and abetting) an Interahamwe to rape a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille parish, in Kigali city; (iv) (committing) rape on a Tutsi civilian girl in the Presbyterian rooms at Sainte-Famille Parish in Kigali city; (v) (committing) rape on EE, a Tutsi civilian girl, in the Presbyterian rooms at Ste. Famille parish, Kigali city; (vi) (committing) rape on FF a Tutsi civilian girl in the Presbyterian rooms at Ste. Famille parish in Kigali city. In addition, planning and joint criminal enterprise III are also mentioned in the indictment, in more general terms.
- Status
- 2778
- Case number
- MICT-13-45
-
Jurisprudence judicial mechanism
ICTR-Imanishimwe (Ntagerura et al. “Cyangugu”)
- Issues
- Evidentiary Rules Regarding Sexual Violence Prosecutions
- Country
- Rwanda
- Keywords
- Acquittal Amicus Curiae
- 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
- Charges
- In 1999, charges on sexual violence were withdrawn even before the start of the trial. The Prosecutor withdrew the rape amendment of the indictment, which had yet to be ruled over by the Judges. In October and November of 2000, however, evidence of rape and other sexual violence was brought forth in the case following testimonies of two prosecution witnesses. In February 2001, an amicus curiae brief was filed by the Coalition for Women’s Human Rights in Armed Conflict Situations, asking the court to invite the prosecutor to consider amending the indictment by adding charges of rape and sexual violence. After receiving the brief, the Chief Prosecutor announced that she would add charges of sexual violence in the indictment or bring a separate indictment on sexual violence crimes only.
- Trial chamber verdict
- The Chamber refused to grant leave to file the amicus curiae Brief.
- sentencing
- Imanishimwe was sentenced to 12 years’ imprisonment on 7 July 2006.
- Status
- 2715
- Case number
- ICTR-99-46
-
Jurisprudence judicial mechanism
ICTY - Goran Hadzic
- Issues
- Procedural Rules Advancing Sexual Violence Prosecutions
- Country
- Former Yugoslavia
- Keywords
- Aiding and Abetting Detention Centers Ill-health Ordering/Instigating Psychological Impact
- Reference link
- http://www.icty.org/cases/party/694/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Goran Hadzic
- Charges
- Hadzic is charged with sexual violence crimes in the indictment (of 22 July 2001) and includes persecution as a crime against humanity, torture as a crime against humanity, inhumane acts as crimes against humanity, torture as a violation of the laws or customs of war as a war crime and cruel treatment as a violation of the laws or customs of war as a war crime under Articles 7(1) (committing in concert with others, planning, instigating, ordering, and/or aiding and abetting) and 7(3) (command responsibility) for imposing on Croat and other non-Serb civilian detainees living conditions in various detention facilities in the SAO SBWS characterized by, inter alia, inhumane treatment and constant physical and psychological assault, including sexual assault.
- Status
- 2715
- Case number
- IT-04-75
-
Jurisprudence judicial mechanism
ICTY - Ratko Mladic
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- Former Yugoslavia
- Keywords
- Joint Criminal Enterprise (JCE) Genocidal Rape
- Reference link
- http://www.icty.org/cases/party/704/4
- Type of mechanism
- International Criminal Tribunal/Court
- Name of mechanism
- International Criminal Tribunal for Former Yugoslavia (ICTY)
- Name of accused
- Ratko Mladic
- Charges
- Mladic is charged with a number of sexual violence crimes, i.e.: - Causing serious bodily or mental harm as genocide and deliberately inflicting conditions of life calculated to bring about physical destruction as genocide under Article 7(1) (JCE) and 7(3) (command responsibility), which includes rape and other acts of sexual violence carried out by Bosnian Serb Political and Governmental Organs and Serb Forces against Bosnian Muslims and Bosnian Croats in detention facilities; - Persecution as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility) through rape and other acts of sexual violence carried out by Bosnian Serb Political and Governmental Organs and Serb Forces against Bosnian Muslims and Bosnian Croats during and after takeovers and in detention facilities; - Deportation as a crime against humanity and inhumane acts (forcible transfer) as a crime against humanity under Article 7(1) (JCE) and 7(3) (command responsibility) of Bosnian Muslim and/or Bosnian Croats by forcibly displacing them as a result of certain crimes or the threat thereof, including rape and other acts of sexual violence.
- sentencing
- On 22 November 2017, Mladic was sentenced to life imprisonment by an ICTY Trial Chamber.
- Status
- 2778
- Case number
- IT-09-92
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