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- Preliminary Material
- Dedication
- Foreword by Phumzile Mlambo-Ngcuka
- Foreword by Zeid Ra’ad Al Hussein
- Preface
- Acknowledgements
- Contents
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Note to the Reader
- Main Text
- 1 Overview: The Challenge of Accountability for Conflict-related Sexual Violence Crimes
- 2 International Concern Regarding Conflict-related Sexual Violence in the Lead-up to the ICTY’s Establishment
- A Introduction
- B International Concern Develops over Sexual Violence in the Former Yugoslavia
- C The Commission of Experts’ Work in Documenting Sexual Violence Prior to the ICTY’s Establishment
- D The Influence of Concern over Sexual Violence in the Creation of the ICTY
- 1 Security Council concern over the issue of sexual violence
- 2 The influence of international concern over sexual violence in developing the ICTY’s legal framework
- E Conclusions
- 3 Challenges to Successful Outcomes in Sexual Violence Cases
- A Introduction
- B Misconceptions about Sexual Violence that Can Impede Accountability
- 1 ‘Rape and similar acts are matters of honour rather than violent crimes’
- 2 ‘Conflict-related sexual violence is not as serious as other crimes’
- 3 ‘Sexual violence is necessarily a “personally motivated” and/or “opportunistic” crime’
- 4 ‘Conflict-related sexual violence can only be prosecuted if it is systematic/widespread or committed pursuant to orders’
- 5 OTP documentation confirming the challenge presented by misconceptions of sexual violence
- 6 Misconceptions concerning sexual violence against males
- C Other Barriers to Successful Sexual Violence Prosecutions
- D The Impact of Prosecutorial Discretion throughout the Process
- 1 The nature of prosecutorial discretion in international criminal law cases
- 2 Identifying pressure points for sexual violence charges throughout the investigation and prosecution process
- E Conclusions and Fundamental Insights for the Future
- 4 Policies and Institutional Strategies for Successful Sexual Violence Prosecutions
- A Introduction
- B Using Gender Focal Points and other Dedicated Mechanisms for Focusing Attention on Sexual Violence Crimes
- C Developing a Comprehensive Written Policy for Sexual Violence Crimes
- D Addressing Gender Bias within the OTP
- E Developing an Effective Investigation Strategy for Sexual Violence Crimes
- F Developing Effective Legal Strategies for Prosecuting Sexual Violence Crimes
- 1 Conceptualizing rape and similar crimes as violent crimes
- 2 Conceptualizing sexual violence as a serious crime
- 3 Seeing links between sexual violence and a broader campaign of violent crimes
- 4 Promoting progressive approaches to the legal elements of rape
- 5 Recognizing that sexual violence also affects men and boys
- 6 Training on legal strategies for prosecuting sexual violence crimes
- G Ensuring Effective Dissemination and Implementation of OTP Policies and Strategies on Sexual Violence Crimes
- H Identifying Gaps in the OTP’s Policies and Strategies on Sexual Violence Crimes
- 1 Situating sexual violence among a broader approach to gender issues in international criminal law
- 2 Ensuring that stereotypes about sexual violence do not limit evidence gathering strategies
- 3 Developing policies to circumvent pressure points for sexual violence charges
- 4 Training for interpreters, investigators, and prosecutors on interviewing sexual violence victims
- 5 Psychological support for staff working on sexual violence investigations and prosecutions (management of secondary trauma)
- I Maintaining Focus on Sexual Violence Crimes over Time
- J The Impact of External Scrutiny of the OTP’s Work on Sexual Violence Crimes
- K Conclusions and Fundamental Insights for the Future
- 5 Proving Crimes of Sexual Violence
- A Introduction
- B Victim Evidence
- 1 Testifying about crimes of sexual violence
- (a) Preparing sexual violence victims for court
- (b) Questioning victims in court
- 2 Challenges to victim evidence
- 3 Role of the judges
- 4 Post-testimony follow-up and post-trial phase
- 1 Testifying about crimes of sexual violence
- C Other Forms of Evidence
- D Protective Measures
- 1 Trial-related protective measures
- 2 Balancing a sexual violence victim’s right to privacy with disclosure obligations concerning personal victim information
- 3 Protecting the rights of sexual violence victims in the context of cross-case access requests
- 4 Enforcing protective measures for sexual violence victims
- E Conclusions and Fundamental Insights for the Future
- 6 Contextualizing Sexual Violence: Selection of Crimes
- A Introduction
- B Connecting Sexual Violence to the Context through the Selection of Crimes Charged
- C Big Picture Contextualizing: The Contextual Elements of War Crimes and Crimes against Humanity
- D Contextualizing Sexual Violence to Fully and Accurately Reflect its Characteristics: Torture and Enslavement
- 1 Connecting sexual violence to the context as torture
- 2 Connecting sexual violence to the context as enslavement
- E Contextualizing Sexual Violence to Connect It to a Broader Campaign of Crimes with a Strategic Purpose: Persecution and Genocide
- F Conclusions and Fundamental Insights for the Future
- 7 Contextualizing Sexual Violence and Linking it to Senior Officials: Modes of Liability
- A Introduction
- B Prosecuting Sexual Violence through JCE
- 1 The general contours of JCE as a mode of liability
- 2 Charging sexual violence as part of the common criminal purpose: JCE (Categories 1 and 2)
- (a) Proving that sexual violence formed part of the common purpose from the beginning
- (b) Proving that sexual violence became part of the common criminal purpose over time: The evolving common purpose
- (c) Proving that sexual violence was a foreseeable consequence of the common criminal purpose: JCE (Category 3)
- 3 Linking crimes committed by non-JCE members to the accused
- C Prosecuting Sexual Violence through Planning, Ordering, and Instigating
- D Prosecuting Sexual Violence through Aiding and Abetting
- E Omission Liability for Sexual Violence
- F Proving the Foreseeability of Sexual Violence
- G The Importance of Cumulative and Alternative Charging and of Advocating for Findings on Alternative Modes of Liability in Sexual Violence Cases
- H Conclusions and Fundamental Insights for the Future
- 8 Sentencing for Sexual Violence Crimes
- A Introduction
- B Procedure as an Obstacle to Effective Sentencing Advocacy
- C A Snapshot of Sexual Violence Sentences at ICTY
- D Crafting a Prosecution Sentencing Recommendation
- E Restitution and Compensation for Victims
- F Execution of Sentences and Early Release
- G Conclusions and Fundamental Insights for the Future
- 9 The Picture of Sexual Violence in the Former Yugoslavia Conflicts as Reflected in ICTY Judgments
- A Introduction
- B Situating Sexual Violence as Part of the Conflicts in the Former Yugoslavia
- C Characteristics of Sexual Violence as Reflected in ICTY Judgments
- D Missing Pieces of the Picture?
- E A Systematic Policy of Sexual Violence?
- F Conclusions and Fundamental Insights for the Future
- 10 Using the OTP’s Experience with Sexual Violence Prosecutions as a Springboard for Building National Capacity
- A Introduction
- B A Snapshot of the Challenges Encountered in National Sexual Violence Prosecutions
- C The OTP’s Involvement in Building National Capacity for Sexual Violence Prosecutions in the Former Yugoslavia
- 1 Early national capacity building initiatives
- 2 Adoption of ICTY Completion Strategy: Increasing focus on national prosecutions
- (a) Transfer of ICTY sexual violence cases to be prosecuted at the national level
- (a) Providing national authorities with access to the OTP evidence collection including materials concerning sexual violence crimes
- (b) Other OTP information, expertise and peer-to-peer transfers to national authorities in support of sexual violence prosecutions
- (c) The OTP’s work towards a more comprehensive and coordinated approach to war crimes training including for sexual violence prosecutions in the former Yugoslavia
- (d) Community education regarding conflict-related sexual violence
- 3 The OTP’s future capacity building focus for sexual violence prosecutions
- D Other ICTY Developments Promoting Improved National Capacity for Sexual Violence Prosecutions
- E The OTP’s Role in Global Capacity Building for Conflict-related Sexual Violence Prosecutions
- F Conclusions and Fundamental Insights for the Future
- 11 Conclusions: Situating the OTP’s Experience in a Broader Global Context
- A Introduction
- B The Intersection between Prosecuting and Preventing Conflict-related Sexual Violence and other Gender-related Harm
- C The Intersection between Prosecuting and Documenting Conflict-related Sexual Violence and other Gender-related Harm
- D The Intersection between Prosecuting Sexual Violence Crimes at the National and International Levels around the World
- E Final Word
- Further Material
- Annex A The Picture of Sexual Violence in the Former Yugoslavia Conflicts as Reflected in ICTY Cases
- A Introduction
- B ICTY Findings on Sexual Violence Incidents
- 1 Bosnia and Herzegovina
- (a) Serb and Bosnian Serb perpetrators
- (i) Banja Luka (Brđanin, Krajišnik, Plavšić,Mladić,Karadžić)
- (ii) Bijeljina (Plavšić, Krajišnik, Stanišić and Simatović, Mladić, Karadžić, Slobodan Milošević)
- (iii) Bosanski Šamac (Todorović, Milan Simić, Blagoje Simić et al., and Stanišić and Simatović)
- (iv) Brčko (Krajišnik, Češić, Stanišić and Župljanin, Karadžić, and Slobodan Milošević)
- (v) Bosanska Krupa (Plavšić, Brđanin)
- (vi) Bosanski Petrovac (Plavšić, Brđanin)
- (vii) Doboj (Plavšić,Stanišić and Župljanin, and Stanišić and Simatović)
- (viii) Donji Vakuf (Plavšić,Brđanin, and Stanišić and Župljanin)
- (ix) Foča (Kunarac et al., Zelenović, Plavšić, Krajišnik, Mladić, Karadžić)
- (x) Gacko (Krajišnik, and Stanišić and Župljanin)
- (xi) Hadžići (Krajišnik, Plavšić,Karadžić)
- (xii) Kalinovik (Krajišnik, Kunarac et al., Plavšić,Mladić)
- (xiii) Kotor Varoš (Brđanin, Krajišnik, Plavšić,Stanišić and Župljanin, Mladić )
- (xiv) Novo Sarajevo (Krajišnik, Plavšić, Karadžić)
- (xv) Prijedor (Kvočka et al., Brđanin, Krajišnik, Plavšić, Stakić, Sikirica et al., Mejakić et al., Banović, Tadić, Stanišić and Župljanin, Mladić, Karadžić, Slobodan Milošević)
- (xvi) Rogatica (Krajišnik, Plavšić, Mladić, Karadžić)
- (xvii) Sanski Most (Plavšić,Mladić,Karadžić, and Stanišić and Simatović)
- (xviii) Teslić (Plavšić,Brđanin)
- (xix) Višegrad (Vasiljević, Lukić and Lukić, Plavšić, Krajišnik, Stanišić and Župljanin)
- (xx) Vlasenica (Plavšić, Dragan Nikolić, Stanišić and Župljanin, Mladić, Karadžić)
- (xxi) Vogošća (Plavšić, Krajišnik, Stanišić and Župljanin, Karadžić)
- (xxii) Zvornik (Krajišnik, Plavšić, Šešelj, Stanišić and Simatović, Stanišić and Župljanin, Karadžić)
- (xxiii) Srebrenica (Popović et al., Tolimir, Krstić, Blagojević and Jokić, Mladić, Karadžić)
- (b) Bosnian Muslim and foreign Muslim perpetrators
- (c) Bosnian Croat perpetrators
- (a) Serb and Bosnian Serb perpetrators
- 2 Croatia
- 3 Kosovo
- 1 Bosnia and Herzegovina
- Annex B Charges and Outcomes in ICTY Cases Involving Sexual Violence
- Index
- Annex A The Picture of Sexual Violence in the Former Yugoslavia Conflicts as Reflected in ICTY Cases
- [54.85.57.0]
- 54.85.57.0
