ANNEXURE 6B: Gender Based Violence charges at the ICC as of May 2012
DRC
1. Lubanga – only child recruitment / using children. No counts of sexual violence.
2. Bosco Ntaganda - only child recruitment / using children. No counts of sexual violence.
3. Katanga - sexual slavery as a crime against humanity art 7(1)(g) and as a war crime art.
8(2)(b)(xxii)
4. Ngudjolo – sexual slavery as a crime against humanity art 7(1)(g) and as a war crime art.
8(2)(b)(xxii)
CAR
1. Bemba – rape as a crime against humanity (art 7-1-g) and as a war crime (arts 8(2)(e)(vi)) both
confirmed by Pre-Trial Chamber II (torture & outrages against personal dignity rejected). First time
a military commander prosecuted for rape on the basis that he knew or should have known that
rape was committed by subordinates.
Uganda
1. Joseph Kony:
As crime against humanity: rape art 7(1)(g), sexual enslavement and attempted sexual
enslavement (arts 7(1)(g), 25(3)(b)).
As a war crime: rape and attempted rape (8(2)(e)(vi) and 25(3)(b)
2. Vincent Otti:
As crime against humanity: sexual enslavement and attempted sexual enslavement (arts
7(1)(g), 25(3)(b)).
As a war crime: rape and attempted rape (8(2)(e)(vi) and 25(3)(b)
5. Raska Lukwiya (deceased): NO counts for sexual violence
6. Okot Odhimabo: NO counts for sexual violence
7. Dominic Ongwen: : NO counts for sexual violence
Sudan
1. Ali Kushayb:
Count 10: Rape as an act of persecution, Bindisi town (arts 7(l)(h) and 25(3)(d))
Count 13: Rape as a crime against humanity, Bindisi town (art 7(1)(g))
Count 14: Rape as a war crime, Bindisi town (arts 8(2)(e)(vi))
Count 42: Rape as a crime against humanity, Arawala town (art 7(1)(g))
Count 43: Rape as a war crime, Arawala town (arts 8(2)(e)(vi))
Count 46: Outrage upon personal dignity of at least 10 women and girls as a war crime art
8(2)(c)(iii)
2. Ahmad Harun:
Count 10: Rape as an act of persecution, Bindisi town (arts 7(l)(h) and 25(3)(d))
Count 13: Rape as a crime against humanity, Bindisi town (art 7(1)(g))
Count 14: Rape as a war crime, Bindisi town (arts 8(2)(e)(vi))
Count 42: Rape as a crime against humanity, Arawala town (art 7(1)(g))
Count 43: Rape as a war crime, Arawala town (arts 8(2)(e)(vi))
Count 46: Outrage upon personal dignity of at least 10 women and girls as a war crime art
8(2)(c)(iii)
3. Al Bashir: rape as crime against humanity (art 7-1-g)
4. Abu Garda : NO
Côte d’Ivoire
1. Laurent Gbagbo: (from the arrest warrant)
Rape and other forms of sexual violence as a crime against humanity (art 7(1)(g))
There are no charges of sexual violence in the cases under investigation of the situations in Kenya
and Libya.
REDRESS | 6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW
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