Sexual Crimes in Conflict Database

A collection of relevant literature and case law

Showing 41 to 50 of 736 results.

  • Jurisprudence judicial mechanism

    ICC - Ukraine

    Reference link
    http://www.icc-cpi.int/ukraine
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Status
    2778

  • Jurisprudence judicial mechanism

    ICC - Vincent Otti (“Joseph Kony and Vincent Otti”)

    Issues
    Achievements and Challenges of Sexual Violence Prosecution
    Country
    Uganda
    Keywords
    Accused at large Lord’s Resistance Army (LRA)

    Reference link
    https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/Pages/uganda.aspx
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Court
    Name of accused
    Vincent Otti
    Charges
    The arrest warrant against Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen was initially unsealed on 13 October 2005; they are/were all commanders of the Lord’s Resistance Army (LRA) in northern Uganda, whose cases were joint (Lukwiya and Odhiambo have been removed from the case (they were not charged with sexual violence) due to their alleged deaths and Ongwen’s case has been severed from this case due to his transfer to the ICC for trial). Otti faces a total of 32 counts of war crimes and crimes against humanity, including: - Inducing rape as a war crime (article 8(2)(e)(vi)); - Sexual enslavement as a crime against humanity. All under Article 25(3)(b).
    Status
    2778
    Case number
    ICC-02/04-01/05

  • Jurisprudence judicial mechanism

    ICTR - Aloys Ntabakuze (Bagasora et al. “Military I”)

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Sexual Violence Tutsi War Crimes 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
    Aloys Ntabakuze
    Charges
    Ntabakuze had been charged with sexual violence crimes: i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault 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: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls throughout Rwanda, including at the secondary nursing school in Kabgayi, in Gitarama prefecture;(ii) the sexual assault of Prime Minister Agathe Uwilingiyimana
    Trial chamber verdict
    Ntabakuze was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Ntabakuze was given a sentence of 35 years’ imprisonment on 8 May 2012 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Anatole Nsengiyumva (Bagasora et al. “Military I”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Genocide Inhuman Treatment Tutsi War Crimes 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
    Anatole Nsengiyumva
    Charges
    Nsengiyumva had been charged with sexual violence crimes - i.e. conspiracy to commit genocide, genocide, complicity in genocide, rape as a crime against humanity, persecution as a crime against humanity, other inhumane acts as a crime against humanity, violence to health and to the physical or mental well-being of civilians as a violation of Article 3 common to the Geneva Conventions and of Additional Protocol II as a war crime and outrages upon personal dignity, in particular humiliating and degrading treatment, rape and indecent assault 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: (i) rapes, sexual assaults and other crimes of a sexual nature committed against Tutsi women and girls in various locations in Gisenyi, including at Nyundo parish.
    Trial chamber verdict
    Nsengiyumva was found not guilty for the sexual violence crimes under these counts by the Trial Chamber (on 18 December 2008).
    sentencing
    Nsengiyumva was sentenced to 15 years’ imprisonment on 14 December 2011 (for other charges).
    Appeals chamber verdict
    The acquittal for the sexual violence was not appealed by the Prosecution.
    Status
    2715
    Case number
    ICTR-98-41

  • Jurisprudence judicial mechanism

    ICTR - Augustin Ngirabatware

    Issues
    Modes of Liability
    Country
    Rwanda
    Keywords
    Acquittal Extended Joint Criminal Enterprise Rape as Crime Against Humanity

    Reference link
    http://unictr.unmict.org/en/cases/ictr-99-54
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Augustin Ngirabatware
    Charges
    Rape as a crime against humanity under Article 6(1) (JCE III).
    Trial chamber verdict
    Ngirabatware was found guilty by the Trial Chamber (on 20 December 2012) for rape as a crime against humanity. The Trial Chamber held that based on the totality of the evidence, it was satisfied beyond reasonable doubt that at the time Ngirabatware distributed weapons to the Interahamwe, including members of the JCE, and verbally encouraged them to kill Tutsis on 7 April 1994, Ngirabatware was aware of the possible consequence that those Interahamwe, including members of the JCE, might rape Tutsis as part of a widespread and systematic attack against the Tutsi population. By distributing the weapons, Ngirabatware significantly contributed to the JCE and demonstrated his willingness to take the risk that the rape of Tutsis, such as Chantal Murazemariya, would be committed. Accordingly, Ngirabatware was criminally responsible through a JCE in the extended form for the repeated rape of Chantal Murazemariya by Juma and Makuze in Nyamyumba commune in April 1994 as a crime against humanity. [Note that the rapes of Bonishance and Denise Nyirabunori - also charged in the indictment - were not established on the basis of the evidence presented by the Prosecution according to the Trial Chamber]
    sentencing
    Ngirabatware was sentenced to 30 years’ imprisonment on 18 December 2014 (for other charges).
    Appeals chamber verdict
    The Appeals Chamber, however, acquitted Ngirabatware for this crime (on 18 December 2014). It observed that Ngirabatware’s contribution to the common purpose to exterminate the Tutsi civilian population was essential for establishing his responsibility for crimes committed beyond the common purpose, but which are nevertheless a natural and foreseeable consequence thereof. Since the Prosecution failed to prove Ngirabatware’s contribution to the common purpose of exterminating the Tutsi civilian population pleaded under Count 5 of the Indictment, Ngirabatware’s conviction for rape entered via the extended form of joint criminal enterprise under Count 6 of the Indictment cannot be sustained. For the foregoing reasons, the Appeals Chamber granted, in part, Ngirabatware’s Third Ground of Appeal, reversed his conviction for the rape of Chantal Murazemariya, and entered a verdict of acquittal under Count 6 of the Indictment.
    Status
    2715
    Case number
    ICTR-99-54

  • Jurisprudence judicial mechanism

    ICTR - Casimir Bizimungu (Bizimungu et al. “Government II”)

    Country
    Rwanda
    Keywords
    Acquittal Command Responsibility Crimes Against Humanity Genocide Prevention Tutsi War Crimes

    Reference link
    Click here
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Casimir Bizimungu
    Charges
    Bizimungu was charged with sexual violence as follows:Genocide or, alternatively, complicity in genocide and rape as a crime against humanity as well as outrages upon personal dignity 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 of Tutsi women and students committed by soldiers and Interahamwe at the secondary nursing school in Kabgayi in Gitarama prefecture.
    Trial chamber verdict
    Mid-trial, in 2005, Bizimungu 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
    Bizimungu was acquitted by the Trial Chamber on 30 September 2011 (on all counts).
    Status
    2715
    Case number
    ICTR-99-50

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Bagambiki (Ntagerura et al. “Cyangugu”)

    Issues
    Evidentiary Rules Regarding Sexual Violence Prosecutions
    Country
    Rwanda
    Keywords
    Acquittal Amicus Curiae Extradition

    Reference link
    http://www.unictr.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
    Charges
    Sexual violence and rape
    Trial chamber verdict
    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, but the Chamber refused to grant leave to file the amicus curiae brief. Bagambiki was acquitted on 25 February 2004 (on all charges).
    Status
    2715
    Case number
    ICTR-99-46

  • Jurisprudence judicial mechanism

    ICTR - Emmanuel Rukundo

    Country
    Rwanda
    Keywords
    Genocide Mental Harm Rape, Opportunistic Crime Sexual Assault/Attack/Abuse Tutsi

    Reference link
    http://unictr.irmct.org/en/cases/ictr-01-70
    Type of mechanism
    International Criminal Tribunal/Court
    Name of mechanism
    International Criminal Tribunal for Rwanda (ICTR)
    Name of accused
    Emmanuel Rukundo
    Charges
    Causing serious mental harm as genocide under Article 6(1) (direct responsibility) (committing) for, inter alia, sexually assaulting Witness CCH, a young Tutsi woman, at the Saint Léon Minor Seminary.
    Trial chamber verdict
    Rukundo was found guilty by the Trial Chamber (on 27 February 2009), with Judge Ki Park dissenting, for causing serious mental harm as genocide.
    sentencing
    Rukundo was sentenced to 23 years’ imprisonment on 20 October 2010.
    Appeals chamber verdict
    The Appeals Chamber, with Judge Pocar dissenting, reversed (on 20 October 2010) the above conviction as it held that the sexual act could be seen as an opportunistic crime that was not accompanied by the specific intent to commit genocide.
    Status
    2715
    Case number
    ICTR-01-70

  • Jurisprudence judicial mechanism

    ICTR - Francois-Xavier Nzuwonemeye (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
    Francois-Xavier Nzuwonemeye
    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
    Nzuwonemeye was found not guilty by the Trial Chamber (on 17 May 2011) for the sexual violence charges.
    Appeals chamber verdict
    The Prosecution did not appeal the acquittals for sexual violence.The Appeals Chamber acquitted Nzuwonemeye on all counts on 11 February 2014.
    Status
    2715
    Case number
    ICTR-00-56

  • 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

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