PROSECUTING RAPE, SEXUAL ENSLAVEMENT, AND GENOCIDE IN TIME OF WAR: SOUTHEASTERN EUROPE 1991-1995
DOROTHY S. MCCLELLAN, NIKOLA KNEZ
Abstract:
This paper addresses the experiences and concerns of the 20,000-50,000 women who were raped and sexually enslaved in the war in Southeastern Europe and are still awaiting prosecution of their victimizers. Through interviews with survivors and experts, we document the challenges faced by those seeking official status as victims of war crimes entitled to moral, spiritual, and financial assistance. The paper examines the record of the U.N.'s International Criminal Tribunal for the former Yugoslavia (ICTY) and the courts of Bosnia-Herzegovina and Croatia in combating impunity for conflict-related sexual violence by successfully prosecuting the crimes. Our findings suggest that the ICTY's application of the concepts of 'joint criminal enterprise' and 'moral equivalency' resulted in a limited record of successful prosecution and an uncertain political future for the region.
Keywords:
war crimes, sexual violence, conflict-related sexual violence, women and rape, ethnic cleansing, prosecution of genocide, Balkans, rape victims
DOI: 10.52950/SS.2016.5.4.005
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APA citation:
DOROTHY S. MCCLELLAN, NIKOLA KNEZ (2016). Prosecuting Rape, Sexual Enslavement, and Genocide in Time of War: Southeastern Europe 1991-1995. International Journal of Social Sciences, Vol. V(4), pp. 79-102. , DOI: 10.52950/SS.2016.5.4.005
Data:
Received: 31 Aug 2016
Revised: 19 Oct 2016
Accepted: 6 Nov 2016
Published: 20 Nov 2016
Copyright © 2016, Dorothy S. McClellan et al, dorothy.mcclellan@tamucc.edu