Relevant Sections:
Art. 8(2)(e)(i), 8(2)(c)(i), 8(2)(c)(i)-2 or 8(2)(e)(xi) and 8(2)(e)(vi) of the Rome Statute.
Charges (Gender Based Crimes)
▪ Torture as a crime against humanity and a war crime
▪ Rape as a crime against humanity and war crime;
▪ Other inhumane acts (including acts of rape and mutilation of women) as a crime against humanity;
▪ Persecution as a crime against humanity;
▪ Cruel treatment (including acts of rape and mutilation of women) as a war crime
Facts:
▪ Mbarushimana, a Rwandan national, was alleged to have been the former Executive Secretary of the armed group Forces démocratiques de libération du Rwanda (FDLR).
▪ Although Pre- Trial Chamber found grounds to believe that certain war crimes had been committed, Chamber believed that Mbarushimana was individually criminally responsible for the alleged crimes.
▪ Not enough evidence for sexual crimes against civilian population since the Prosecutor relied only on UN or Human Rights Watch report for the rape allegations which were given anonymously. There are a few witness accounts that have been redacted from the confirmation of charges order which was made public. However, Chamber acknowledged that there were substantial grounds to believe that few women were found dead with signs of rape and sticks in their genitalia.
Notable statements by ICC:
▪ The absence of corroboration, the information contained in the Human Rights Watch Reports cannot be regarded as sufficient evidence to establish substantial grounds to believe that rape under article 8(2)(e)(vi) of the Statute
▪ “The Chamber indeed finds that the evidence submitted by the Prosecution does not provide any reliable indicia with regard to who the perpetrators were. All of the information provided by the witnesses in relation to the identity of the perpetrators is either based on accounts of third parties, or assumptions.” Therefore the Chamber did not confirm the crimes against humanity charges of torture, persecution.
Status:
▪ No charges were confirmed against Mbarushimana in 2011 and case therefore did not proceed to trial.
Read the full judgment here.