Table of contents:
5. The perpetrator imposed certain measures upon one or more persons.
P.1. Evidence that the perpetrator imposed measures to prevent reproduction.
P.1.1. Evidence of sterilisation and castration.
P.1.2. Evidence of curtailment of marriages.
P.1.3. Evidence of the separation of men and women.
P.1.4. Evidence that the perpetrator issued instructions forbidding births.
P.1.5. Evidence that the perpetrator issued instructions for the interruption of pregnancy.
P.1.6. Evidence of forced birth control.
P.1.7. Evidence of sexual mutilation.
P.2. Evidence of rape as a measure designed to prevent births within that group.
P.2.1. Evidence of rape with deliberate intent of perpetrator to impregnate victim.
P.3. Not required: Evidence that the measures intended to prevent births actually achieved that aim.
Element:
5. The perpetrator imposed certain measures upon one or more persons.
According to the Akayesu Trial Chamber:
"For purposes of interpreting Article 2(2) (d) of the Statute, the Chamber holds that the measures intended to prevent births within the group, should be construed as sexual mutilation, the practice of sterilization, forced birth control, separation of the sexes and prohibition of marriages. In patriarchal societies, where membership of a group is determined by the identity of the father, an example of a measure intended to prevent births within a group is the case where, during rape, a woman of the said group is deliberately impregnated by a man of another group, with the intent to have her give birth to a child who will consequently not belong to its mother's group.
"Furthermore, the Chamber notes that measures intended to prevent births within the group may be physical, but can also be mental. For instance, rape can be a measure intended to prevent births when the person raped refuses subsequently to procreate, in the same way that members of a group can be led, through threats or trauma, not to procreate."[1]
P.1. Evidence that the perpetrator imposed measures to prevent reproduction.
P.1.1. Evidence of sterilisation and castration.
P.1.2. Evidence of curtailment of marriages.
P.1.3. Evidence of the separation of men and women.
P.1.4. Evidence that the perpetrator issued instructions forbidding births.
P.1.5. Evidence that the perpetrator issued instructions for the interruption of pregnancy.
P.1.6. Evidence of forced birth control.
P.1.7. Evidence of sexual mutilation.
P.2. Evidence of rape as a measure designed to prevent births within that group.
P.2.1. Evidence of rape with deliberate intent of perpetrator to impregnate victim.
P.3. Not required: Evidence that the measures intended to prevent births actually achieved that aim.
Footnotes:
[1] ICTR, Prosecutor v. Akayesu, "Judgement", ICTR-96-4-T, 2 September 1998, para. 507-508.
