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Prosecuting Rape, Sexual Enslavement, and Genocide in Time of War: Southeastern Europe 1991-1995

Author

Listed:
  • Dorothy S. McClellan

    (Texas A&M University-Corpus Christi)

  • Nikola Knez

    (21st Century Society for Human Rights & Education)

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.

Suggested 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, International Institute of Social and Economic Sciences, vol. 5(4), pages 79-102, November.
    • Handle: RePEc:sek:jijoss:v:5:y:2016:i:4:p:79-102
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    Citations

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    Cited by:

    1. Dorothy S. McClellan & Nikola Knez, 2021. "Operation Storm: Ending Humanitarian Disaster and Genocide in Southeastern Europe," International Journal of Social Sciences, European Research Center, vol. 10(1), pages 39-73, March.

    More about this item

    Keywords

    war crimes; sexual violence; conflict-related sexual violence; women and rape; ethnic cleansing; prosecution of genocide; Balkans; rape victims;
    All these keywords.

    JEL classification:

    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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