Conflict-Related Sexual Violence in Kosovo and Lessons to be Learned from the International Criminal Tribunal for the former Yugoslavia
In: Journal of International Humanitarian Legal StudiesJudge at the Constitutional Court of Republic of Kosovo, remzije.istrefi@uni-pr.edu
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Executive Director of the Centre for Political Courage (CPC), Republic of Kosovo, arben.hajrullahu@uni-pr.edu
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Abstract
This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of crsv in Kosovo. The International Criminal Tribunal for the former Yugoslavia (icty) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the icty experience by developing an accurate and comprehensive understanding of the nature of crsv and by examining its impact on survivors and victims’ alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of crsv amid other pressing needs in Kosovo.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1257 | 245 | 18 |
| Full Text Views | 146 | 36 | 1 |
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Conflict-Related Sexual Violence in Kosovo and Lessons to be Learned from the International Criminal Tribunal for the former Yugoslavia
In: Journal of International Humanitarian Legal StudiesJudge at the Constitutional Court of Republic of Kosovo, remzije.istrefi@uni-pr.edu
Search for other papers by Remzije Istrefi in
Current site
Google Scholar
PubMed
Executive Director of the Centre for Political Courage (CPC), Republic of Kosovo, arben.hajrullahu@uni-pr.edu
Search for other papers by Arben Hajrullahu in
Current site
Google Scholar
PubMed
Abstract
This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of crsv in Kosovo. The International Criminal Tribunal for the former Yugoslavia (icty) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the icty experience by developing an accurate and comprehensive understanding of the nature of crsv and by examining its impact on survivors and victims’ alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of crsv amid other pressing needs in Kosovo.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1257 | 245 | 18 |
| Full Text Views | 146 | 36 | 1 |
| PDF Views & Downloads | 335 | 78 | 3 |
