Rape as crime against humanity

Notion(s) Filing Case
Appeal Judgement - 29.09.2014 KAREMERA & NGIRUMPATSE

611.   […] The Appeals Chamber considers that whilst the Trial Chamber’s findings on sexual assaults can reasonably underpin a conviction of genocide, they cannot form the basis of a conviction for rape as crime against humanity. The Appeals Chamber recalls that acts of sexual violence are a broader category than rape.[1] […] Accordingly, the Appeals Chamber finds that the Trial Chamber erred in relying on its findings of sexual assaults committed throughout Rwanda to convict Karemera and Ngirumpatse of rape as a crime against humanity.[2] […]

[1] See Rukundo, Trial Judgement, para. 380. See also Kunara~ et al. Appeal Judgement, para. 150.

[2] The Appeals Chamber finds that the Trial Chamber reasonably considered that rapes and sexual assaults amounted to genocide in the form of serious bodily and mental harm. See [Karemera and Ngirumpatse] Trial Judgement, para. 1667.

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