Yugoslavia (former)

Citation:

Carlson, Eric Stener. 1997. “Sexual Assault of Men in War.” The Lancet 349: 129.

Author: Eric Stener Carlson

Topics: Gender, Men, International Law, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence, SV against Men Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1997

Citation:

Lakatos, Alex C. 1994. “Evaluating the Rules of Procedure and Evidence for the International Tribunal in the Former Yugoslavia: Balancing Witnesses’ Needs Against Defendants’ Rights.” Hastings LJ 46: 909-40.

Author: Alex C. Lakatos

Topics: Armed Conflict, Gender, Justice, International Tribunals & Special Courts, Post-Conflict, Rights, Sexual Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1994

Citation:

Campbell, Kirsten. 2007. “The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia.” International Journal of Transitional Justice 1 (3): 411–32. doi:10.1093/ijtj/ijm033.

Author: Kirsten Campbell

Abstract:

Recent efforts to develop and implement progressive models of transitional justice have been significantly influenced by major developments in the law concerning sexual violence in armed conflict. In particular, the International Criminal Tribunal for the former Yugoslavia has pioneered accountability for sexual violence against women in armed conflict. This article takes the ICTY as a case study of how gender can structure the accountability mechanisms of transitional justice. The article analyses how legal norms and practices instantiate and reiterate, rather than transform, existing hierarchical gender relations. It considers the existing models of sexual violence as a criminal harm under international law, and then examines gendered patterns of legal practice in ICTY prosecutions. To address this engendering of transitional justice, the article produces a new model of the harm of sexual violence in conflict, suggests the development of a new international offence of sexual violence and generates different strategies for international prosecutions of sexual violence.

Topics: Gender, Justice, International Tribunals & Special Courts, Transitional Justice, Sexual Violence Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2007

Citation:

Buss, Doris E. 2007. “The Curious Visibility of Wartime Rape: Gender and Ethnicity in International Criminal Law.” Windsor Yearbook of Access to Justice 25: 3-22.

Author: Doris E. Buss

Topics: Armed Conflict, Ethnicity, Gender, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2007

Citation:

Barrow, Amy. 2010. "UN Security Council Resolutions 1325 and 1820: Constructing Gender in Armed Conflict and International Humanitarian Law." International Review of the Red Cross 92 (877): 221-34.

Author: Amy Barrow

Abstract:

While the Geneva Conventions contain gender-specific provisions, the reality of women's and men's experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgements at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325 and 1820 focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict. This paper highlights important developing norms on women, peace and security. Although these norms are significant, they may not be radical enough to expand constructions of gender within international humanitarian law. This leaves existing provisions open to continued scrutiny.

Topics: Armed Conflict, Gender, International Law, International Humanitarian Law (IHL), UN Security Council Resolutions on WPS, UNSCR 1325, UNSCR 1820, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2010

Citation:

Ashkin, Kelly D. 1999. “Commentary: The International War Crimes Trial of Anto Furundžija: Major Progress Toward Ending the Cycle of Impunity for Rape Crimes.” Leiden Journal of International Law 12 (4): 935–55. doi:10.1017/S0922156599000485.

Author: Kelly D. Ashkin

Abstract:

This article reviews and analyzes the Furundžija Judgment rendered by the International Criminal Tribunal for the former Yugoslavia, the first international war crimes trial in history to focus virtually exclusively on rape. The judgment addresses what acts constitute rape, whether a non-physical perpetrator can be held individually criminally responsible for rape, and whether rape can constitute torture; it also broadens the purview of Common Article 3 crimes and considers acts which may constitute outrages upon personal dignity. This article discusses how these issues impact upon both international humanitarian law generally and gender jurisprudence specifically.

Topics: Gender, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, War Crimes, Sexual Violence, Rape Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 1999

Citation:

Aydelott, Danise. 1993. “Mass Rape During War: Prosecuting Bosnian Rapists Under International Law.” Emory International Law Review 7: 585-631.

Author: Danise Aydelott

Abstract:

The author reviews the history of mass rape during war and the international legal provisions that can be invoked to punish the perpetrators. Part I evaluates the historical acceptance of rape as a by-product of war. Part II discusses mass rape as a weapon of genocide in Bosnia. Part III evaluates existing methods of international law that can be used to punish the violators. Part IV describes the statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY) designed to prosecute Balkan criminals. Part V examines the reasons why the situation in Bosnia provides a particularly strong case for prosecuting rape as a war crime. Part VI concludes that existing substantive international law is sufficient to punish the perpetrators, and comments on the need to address procedural problems inherent in punishing rapists as war criminals, rather than pushing to have rape declared a "war crime."

Topics: Armed Conflict, Ethnic/Communal Wars, Gender, Women, Gender-Based Violence, Genocide, International Law, International Criminal Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina, Yugoslavia (former)

Year: 1993

Citation:

King, Kimi Lynn, and Megan Greening. 2007. “Gender Justice or Just Gender? The Role of Gender in Sexual Assault Decisions at the International Criminal Tribunal for the Former Yugoslavia.” Social Science Quarterly 88 (5): 1049–71.

Authors: Kimi Lynn King, Megan Greening

Abstract:

Objective: This article examines gender justice at the International Criminal Tribunal for the Former Yugoslavia (ICTY) by analyzing sexual assault cases and the impact that gender composition has on sentencing outcomes.

Methods: We employ regression analysis to explain the impact of male and female jurists as decisionmakers and the subsequent outcomes rendered for victims.

Results: We find that gender is a determinate factor in sentencing outcomes, and that female judges have a distinctive role that varies depending on the gender of the victim in the case.

Conclusion: Contrary to criticisms that the ICTY has not provided justice for victims in sexual assault cases, we find support for the exact opposite. Sentencing disparities indicate that female jurists more severely sanction defendants who assault women, while all male panels of judges do the same for male victims.

Topics: Gender, Women, Justice, International Tribunals & Special Courts, Sexual Violence, SV against Women Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2007

Citation:

Viseus, Patricia. 2002. “International Crimes Against Women - Sexual Violence and Peremptory Norms: The Legal Value of Rape.” Case Western Reserve Journal of International Law 34 (3): 287-303.

Author: Patricia Viseus

Abstract:

This lecture was delivered by the Legal Adviser for Gender Related Crimes and Trial Attorney, Office of the Prosecutor at the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) at the Case Western Reserve University School of Law on March 2, 2002. The lecture addresses whether sexual violence is a peremptory norm under international law. It inquires just how high up the legal hierarchy rape has traveled, and more specifically, what the legal value that international law attaches to the act of rape is now considered to be.

Topics: Gender, Women, Gender-Based Violence, International Law, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Africa, Central Africa, East Africa, Europe, Balkans Countries: Rwanda, Yugoslavia (former)

Year: 2002

Citation:

Kalosieh, Adrienne. 2002. “Consent to Genocide?: The ICTY’s Improper Use of the Consent Paradigm to Prosecute Genocidal Rape in Foca.” Women’s Rights Law Reporter 24: 121–36.

Author: Adrienne Kalosieh

Topics: Gender, Women, Genocide, Justice, International Tribunals & Special Courts, Sexual Violence, Rape Regions: Europe, Balkans Countries: Yugoslavia (former)

Year: 2002