Rape in the Bosnian War
Rape in the Bosnian War pertains to the widespread perpetration of war rape during the Bosnian War fought by the country's three main ethnic groups; Bosniaks, Serbs and Croats. While on a lesser scale, women of all ethnic groups were affected, more specifically, rape was used as a systematized instrument of war by the Bosnian Serb forces of the Army of the Republika Srpska (VRS) predominantly targeting women and girls of the Bosniak (Bosnian Muslim) ethnic group for physical and moral destruction. Estimates of the total number of women raped during the war range from 20,000 to 50,000. This has been commonly termed "mass rape", and occasionally "Genocidal rape", particularly with regard to the coordinated use of rape as a weapon of war. The International Criminal Tribunal for the former Yugoslavia (ICTY) declared that "systematic rape", and "sexual enslavement" in time of war was a crime against humanity, second only to the war crime of genocide. The Kunarac case was the first time in judicial history anyone had been found guilty of these crimes.
Systematic rape by armed forces
Judges from the ICTY ruled that rape was used by the Bosnian Serb armed forces as an "instrument of terror". They declared that a "hellish orgy of persecution" occurred in various camps across Bosnia. Current research puts the estimated number of women raped between 20,000 and 50,000, overwhelmingly Bosniak.
Before the Bosnian war started, Bosniaks (commonly known as Bosnian Muslims) in Eastern Bosnia had already begun to be removed from their employment, to be ostracised and to have their freedom of movement curtailed. At the outset of the war, Serb forces also began to target the Bosniak civilian population. Once towns and villages were secured, the military, the police, the paramilitaries and, sometimes, even Serb villagers continued these attacks. Bosniak houses and apartments were systematically ransacked or burnt down while civilians were rounded up, sometimes being beaten or killed in the process. Men and women were separated and detained - many of the men in local camps.
Many reports stated that the perpetrators said they were ordered to rape. Others said that the aim was to ensure the victims and their families would never return to the area. Perpetrators told the female victims that they would bear children of the perpetrator's ethnicity. That they would become pregnant and then be held in custody until it was too late to get an abortion. Victims were threatened that if they told anyone they would be hunted down and killed.
Some of the reported rape and sexual assault cases committed by Serbs, mostly against Muslims, are clearly the result of individual or small group conduct without evidence of command direction or an overall policy. However, many more seem to be a part of an overall pattern whose characteristics include: similarities among practices in non-contiguous geographic areas; simultaneous commission of other international humanitarian law violations; simultaneous military activity; simultaneous activity to displace civilian populations; common elements in the commission of rape, maximizing shame and humiliation to not only the victim, by also the victim's community; and the timing of the rapes. One factor in particular that leads to this conclusion is the large number of rapes which occurred in places of detention. These rape in detention do not appear to be random, and they indicate at least a policy of encouraging rape supported by the deliberate failure of camp commanders and local authorities to exercise command and control over the personnel under their authority.
— United Nations Commission on Breaches of Geneva Law in Former Yugoslavia, First Interim Report 1992 (S/25274)
Characteristics of locations and procedures
Numerous rape camps were set up across the Serb-controlled town of Foča which to date has remained a particularly well-studied case in judicial terms. While kept at one of the town's most notable rape locations, "Karaman’s house", Muslim females, including minors as young as 12, were repeatedly raped. In the findings of the related Kunarac trial, the appalling conditions of the detention centers being used for mass rape were described.
Women were kept in various detention centres where they had to live in intolerably unhygienic conditions, where they were mistreated in many ways including, for many of them, being raped repeatedly. Serb soldiers or policemen would come to these detention centres, select one or more women, take them out and rape them …. All this was done in full view, in complete knowledge and sometimes with the direct involvement of the local authorities, particularly the police forces. The head of Foča police forces, Dragan Gagović, was personally identified as one of the men who came to these detention centres to take women out and rape them.
— International Criminal Tribunal for the Former Yugoslavia, Kunarac trial (V. Findings of the trial chamber)
Women and girls selected by the convicted Dragoljub Kunarac, or by his men, were systematically taken to the soldiers’ base and raped. At other times, girls were removed from detention centers and kept in various locations for prolonged periods of time under sexual slavery. Radomir Kovač, who was also convicted by the ICTY, personally kept four girls in his apartment, abusing and raping three of them many times, while also allowing acquaintances to rape one of the girls. Prior to selling three of the girls, Kovač appointed two of them to other Serb soldiers who abused them for more than three weeks.
Rape and sexual abuse was also rife in large-scale concentration camps, such as Omarska, where about 5,000-7,000 Bosniaks and Croats were held in appalling conditions for about five months in the spring and summer of 1992. Murder, torture, rape, and abuse of prisoners was common.
A smaller number of camps were also operated by Bosniaks and Croats. At the Čelebići prison camp, Serb civilians were subjected to various forms of torture and cruel and inhuman treatment, including rape. In 1992 at the Dretelj camp Croat forces detained mostly Serb civilians, who were held in inhumane conditions, while female detainees were raped. Both Serb and Bosniak civilians were held at the Heliodrom camp, and detainees reportedly suffered sexual assaults.
Early United Nations investigations concluded that "Rape has been reported to have been committed by all sides to the conflict. However, the largest number of reported victims have been Bosnian Muslims, and the largest number of alleged perpetrators have been Bosnian Serbs. There are few reports of rape and sexual assault between members of the same ethnic group." It has been claimed that "For the Serbs, the desire to degrade, humiliate, and impregnate Bosnian Muslim women with ‘little Chetniks’ was paramount." Women were forced to go full term with their pregnancies and give birth. Many of the reports of the abuses illustrated the ethnic dimension of the rapes.
The women knew the rapes would begin when 'Marš na Drinu' was played over the loudspeaker of the main mosque. ('Marš na Drinu,' or 'March on the Drina', is reportedly a former Chetnik fighting song that was banned during the Tito years.)
While 'Marš na Drinu' was playing, the women were ordered to strip and soldiers entered the homes taking the ones they wanted. The age of women taken ranged from 12 to 60. Frequently the soldiers would seek out mother and daughter combinations. Many of the women were severely beaten during the rapes.
— Seventh Report on War Crimes in the Former Yugoslavia: Part II , US submission of information to the United Nations Security Council
In the study entitled "Mass Rape: The War Against Women in Bosnia-Herzegovina", Alexandra Stiglmayer et al. conclude:
In Bosnia-Herzegovina and Croatia, rape has been an instrument of ‘ethnic cleansing’. The UN Commission of experts that investigated the rapes in former Yugoslavia has concluded. ‘Rape cannot be seen as incidental to the main purpose of the aggression but as serving a strategic purpose in itself,’ reports the European Community mission concerned especially with the situation of Muslim women.The report of the humanitarian organization Amnesty International states: ‘Instances that have included sexual infringements against women are apparently part of an inclusive pattern of war conduct characterized by massive intimidation and infringements against Bosniaks and Croats.’ The American human rights organization Helsinki Watch believes that rape is being used as a ‘weapon of war’ in Bosnia-Herzegovina: ‘ Whether a woman is raped by soldiers in her home or is held in a house with other women and raped over and over again, she is raped with a political purpose – to intimidate, humiliate, and degrade her and others affected by her suffering. The effect of rape is often to ensure that women and their families will flee and never return.’ Against this background, it is obvious that rapes in Bosnia-Herzegovina are taking place ‘on a large scale’ (UN and EC), that they are acquiring a systematic character, and that ‘in by far the most instances Muslim (Bosniak) women are the victims of the Serbian forces ‘ (Amnesty International). Estimates of the number of rape victims range from 20,000 (EC) to 50,000 (Bosnian Ministry of the Interior).”
Psychological and physical effects
A medical study of 68 Croatian and Bosniak victims of rape during the 1992-1995 war found that many suffered psychological problems as a result. None had any psychiatric history prior to the rapes. After the rapes 25 had suicidal thoughts, 58 suffered depression immediately after and 52 were still suffering from depression at the time of the study, one year later. Of the women 44 had been raped more than once and 21 of them had been raped daily throughout their captivity. Twenty nine of them had become pregnant and 17 had an abortion. The study reached the conclusion that the rapes had "deep immediate and long-term consequences on the mental-health" of the women.
Following the end of hostilities with the 1995 Dayton Agreement, there have been sustained efforts to reconcile the opposing factions. Much attention has been paid to the need to understand the reality of what happened, dispel myths, and for responsible leaders to be brought to justice and be encouraged to accept their guilt for the mass rapes and other atrocities. Historians such as Niall Ferguson have assessed a key factor behind the high-level decision to use mass rape for ethnic cleansing as being misguided nationalism. Prior to 1980, Croatian and Serbian nationalism had been effectively repressed by Marshal Josip Broz Tito, though his suppression of any talk about nationalist issues had failed to diminish the intensity with which they were felt. Slobodan Milošević had inflamed Serbian feelings with a speech referring to the Battle of Kosovo. Feelings of victimhood and aggression towards Bosniaks were further stirred up with exaggerated tales about the role played by a small fraction of Bosnian Muslims in the Ustaše genocide of Serbs in the 1940s. Other myths invoked included suggestions that Bosnian Muslims were racially different, typically that they were actually of largely Turkish blood, when in fact DNA tests have shown both groups to share the same gene pool typical of South Slavs. Despite the government-led hate campaigns, some Serbs tried to defend Bosnians from the atrocities and had to be threatened, including instances when troops would announce by loud speaker that "every Serb who protects a Muslim will be killed immediately".
In the aftermath of the conflict, ethnic identity is now of much greater social importance in Bosnia than it was prior to 1992. From the 1960s to the war, the percentage of mixed marriages between communities has been close to 12% and young citizens would often refer to themselves as Bosnians rather than identifying their ethnicity. After the conflict it has been effectively mandatory to be identified as either Bosniak, Serb or Croat and this has been a problem for the children of rape victims as they come of age.
Convicted by the International Criminal Tribunal for the former Yugoslavia:
- Dragoljub Kunarac (28 years in prison) was found guilty of several rapes; inciting his soldiers to commit collective rape and forcing women into slavery. Judged guilty of crimes against humanity (Torture, enslavement and rape).
- Radomir Kovač (20 years in prison)
- Zoran Vuković (12 years in prison)
- Milorad Krnojelac (15 years in prison)
- Dragan Zelenović (pleaded guilty, 15 years in prison) Personally found guilty of 9 rapes, 8 of which qualified as torture. Two rapes through 'co- perpetratorship' and one through aiding and abetting where the woman was raped by at least 10 soldiers and lost consciousness.
- Hazim Delić (18 years in prison) Found guilty of raping two Serbian women whilst he was Deputy Commander of Čelebići prison-camp. Also found guilty of willful killing and torture.
- Anto Furundžija (10 years in prison) Found guilty of torture, outrages upon personal dignity, including rape of a Bosniak woman during Lašva Valley ethnic cleansing carried out by the Croats against Bosniaks in 1993.
- Jadranko Prlić (25 years in prison), prime minister of the self-proclaimed Bosnian Croat wartime state of Herzeg-Bosnia, convicted of the murder, rape and expulsion of Bosniaks.
Convicted by the Court of Bosnia and Herzegovina:
- Radovan Stanković (20 years in prison; escaped from prison in May 2007) Committed, incited, aided and abetted; enslavement, torture, rape and killing as part of a widespread attack against the non-Serbian population.
- Neđo Samardžić (13 years in prison)
- Gojko Janković (34 years in prison) Indicted for ordering, committing and inciting the rape of a Bosniak woman and found guilty of raping, murdering and torturing Bosniak and Croat civilians between 1992 and 1993.
- Dragan Damjanović (20 years in prison) Convicted of war crimes including murder, torture and rape.
- Momir Savić (18 years in prison) "For the killing, rape and torture of Muslims in eastern Bosnia early in the 1992-95 war."
- Željko Lelek (13 years in prison) "For the persecution and torture of Bosnian Muslims and the rape of Muslim women in the early 1990s."
- Miodrag Nikačević (8 years in prison) "For the rape and illegal detention of Muslims in the eastern town of Foca early in the country's 1992-95 war."
- Ante Kovač (9 years in prison), former Commander of the Croat Military Police in Vitez, has been sentenced under a second instance verdict for crimes against Bosniak civilians in Vitez including rape.
- Veselin Vlahović (45 years in prison), also known as "Batko" or the "Monster of Grbavica", found guilty on more than 60 counts, including the murder, rape and torture of Bosniak and Croat civilians during the Siege of Sarajevo.
- Helena Goscilo and Yana Hashamova (2012). Embracing Arms: Cultural Representation of Slavic and Balkan Women in War. Central European University Press. p. 241.
- "About the ICTY". United Nations International Criminal Tribunal for the former Yugoslavia. 2009. Retrieved 2009-07-03.
- Samuel Totten, et al. (2007). Dictionary of Genocide. ABC-CLIO. p. 356.
- Simic, Olivera (2012). Regulation of Sexual Conduct in UN Peacekeeping Operations. Springer. p. 85.
- Dombrowski, Nicole A. (2004). Women and War in the Twentieth Century: Enlisted With Or Without Consent. Routledge. pp. 246; The apparent uniqueness of the rape directed overwhelmingly against Bosnian–Muslim women as part of a genocidal campaign of “ethnic cleansing”.
- Goldstein, Ivo (1999). Croatia: A History. McGill-Queen's Press. p. 243.
- Andrea Parrot and Nina Cummings (2008). Sexual Enslavement of Girls and Women Worldwide. Greenwood Publishing Group. p. 39.
- Marguerite Waller and Jennifer Rycenga (2001). Frontline Feminisms: Women, War, and Resistance. Taylor & Francis. p. 248.
- Mary Zeiss Stange, et al. (2011). Encyclopedia of Women in Today's World, Vol. 1.. SAGE publications. p. 1206.
- Jahn, George (31 May 2005). "Bosnian children born of war rape asking questions". Associated Press; NBCNEWS. Retrieved 26 December 2012.
- "Sexual and Gender-Based Violence in Conflict: A Framework for Prevention and Response". United Nations Office for the Coordination of Humanitarian Affairs. 2008. http://ochaonline.un.org/News/InFocus/SexualandGenderBasedViolence/AFrameworkforPreventionandResponse/tabid/4751/language/en-US/Default.aspx. Retrieved on 10 July 2012.
- "35,000 rapes, a handful of prosecutions: Bosnia war victims seek justice", Reuters AlertNet, 18 December 2012. http://www.trust.org/alertnet/news/feature-bosnian-war-rape-victims-suffer-in-silence-wait-for-justice/
- "Report of the international tribunal for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991". United Nations International Criminal Tribunal for the former Yugoslavia. 18 September 1997.
- Osborn, Andrew (February 23, 2001). "Mass rape ruled a war crime". London: The Guardian. Retrieved 2009-06-26.
- "Hague court upholds rape charges". BBC. 2002-06-12. Retrieved 2009-06-30.
- "Milosevic: Architect of Balkans carnage". CNN. 2006-03-12. Retrieved 2009-06-30.
- "Opening Statement of Senator Dick Durbin Chairman, Subcommittee on Human Rights and the Law Hearing on "Rape as a Weapon of War: Accountability for Sexual Violence in Conflict"". United States Senate Committee on the Judiciary. 2008-04-01. Retrieved 2009-06-30.
- "Rape as genocide". New York Times. 3 November 2008. Retrieved 2012-12-26.
- Samuel Totten, et al. (2007). Dictionary of Genocide. ABC-CLIO. pp. 159–160.
- Beverly Allen (1996). Rape Warfare: The Hidden Genocide in Bosnia-Herzegovina and Croatia. University of Minnesota Press.
- Emily Grabham and Doris Buss (2009). Intersectionality and Beyond: Law, Power and the Politics of Location. Taylor & Francis. p. 110.
- Laura Sjoberg and Caron E. Gentry (2007). Mothers, Monsters, Whores: Women's Violence in Global Politics. Zed Books. pp. 143–144.
- Stiglmayer, Alexandra; Marion Faber, Cynthia Enloe, Roy Gutman (1994). Mass Rape: The War Against Women in Bosnia-Herzegovina. University of Nebraska Press. pp. 85, 86, 198. ISBN 0-8032-9229-5.
- Cerkez, Aida (26 November 2010). "UN official: Bosnia war rapes must be prosecuted". Fox News.
- "ICTY: Kunarac, Kovač and Vuković judgement". United Nations International Criminal Tribunal for the former Yugoslavia. 2001-02-02.
- Sajjad, Tazreena (2012). Samuel Totten, ed. Plight and Fate of Women During and Following Genocide. Transaction Publishers. p. 225.
- Miranda A.H Horvath and Jessica Woodhams (2013). Handbook on the Study of Multiple Perpetrator Rape: A multidisciplinary response to an international problem. Routledge. p. 140.
- Zuvela, Maya (19 December 2012). "Bosnian war rape victims suffer in silence, wait for justice". Reuters. Retrieved 26 December 2012.
- "ICTY: Kunarac, Kovač and Vuković (case information sheet)". United Nations International Criminal Tribunal for the former Yugoslavia.
- United Nations Commission on Breaches of Geneva Law in Former Yugoslavia
- "Documentation about war crimes - Tilman Zülch". The Society for Threatened Peoples (GfbV) Sarajevo. 2005. Retrieved 2009-06-30.
- May, Larry (2007). War Crimes and Just War. Cambridge University Press. p. 237. ISBN 0-521-87114-X.
- "Judgement". UN. 2007-03-05. Retrieved 2013-01-07.
- "Press Release". UN. 2007-03-05. Retrieved 2013-01-07.
- [dead link]
- "Indictment". UN. 2007-03-05. Retrieved 2013-01-07.
- Weitsman P.A. (2008). "The Politics of Identity and Sexual Violence: A Review of Bosnia and Rwanda". Human Rights Quarterly 30: 561–578. doi:10.1353/hrq.0.0024.
- "Seventh Report on War Crimes in the Former Yugoslavia: Part II". US submission of information to the United Nations Security Council. 1993. Retrieved 27 June 09.
- Loncar, M.; V. Medved, N. Jovanovic and L. Hotujac (2006). "Psychological consequences of rape on women in 1991-1995 war in Croatia and Bosnia and Herzegovina". Croatian Medical Journal 47 (1): 67–75. ISSN 0353-9504. PMC 2080379. PMID 16489699. Retrieved 2009-07-03.
- Cate Malek (July 2005). "Reconciliation in Bosnia". beyondintractability.org. Retrieved 2009-12-17.
- Emira Hrnjic-Larson (2009-07-01). "Justice and Remembrance". vienna review. Retrieved 2009-12-17.
- Alex Boraine (2002-12-18). "Toward reconciliation: War criminal's remorse could help Bosnia heal". International centre for transnational justice. Retrieved 2009-12-17.
- "IHJR Project On Former Yugoslavia". Institute for Historical Justice and Reconciliation. 2009. Retrieved 2009-12-17.
- Niall Ferguson (2007). The War of the World. Penguin. pp. 626–631. ISBN 978-0-14-101382-4.
- Doug saunders (2006-03-03). "Children born of rape come of age in Bosnia". The Globe and Mail. Retrieved 2009-12-17.
- Merlus, Julie (March 2001). "Judgement of Trial Chamber II in the Kunarac, Kovac and Vukovic Case". The American Society of International Law. Retrieved 2009-06-30.
- Buss, D. "Prosecuting mass rape: Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic". Feminist Legal Studies (Springer) 10 (1): 91–99. doi:10.1023/A:1014965414217. Retrieved 2009-06-30.
- "Prosecutor v. Milorad Krnojelac - Judgement". United Nations International Criminal Tribunal for the former Yugoslavia. 2002-03-15. Retrieved 2009-07-03.
- "Serb jailer's sentence doubled". BBC. 2003-09-17. Retrieved 2009-07-03.
- "Jankovic and Zelenovic - Judgement". United Nations International Criminal Tribunal for the former Yugoslavia. 2006-11-15. Retrieved 2009-06-30.
- "Dragan Zelenović transferred to Belgium to serve sentence". United Nations International Criminal Tribunal for the former Yugoslavia. 2008-02-27. Retrieved 2009-07-03.
- "Summary of the appeals judgement Prosecutor v Dragan Zelenović". United Nations International Criminal Tribunal for the former Yugoslavia. 2007-10-31. Retrieved 2009-07-07.
- "Appeal Judgement in the Celebici case - press release". United Nations International Criminal Tribunal for the former Yugoslavia. 2001-02-20. Retrieved 2009-07-06.
- "Celebici case: the Judgement of the Trial Chamber - press release". United Nations International Criminal Tribunal for the former Yugoslavia. 1998-11-16. Retrieved 2009-07-07.
- ""ČELEBIĆI CAMP" (IT-96-21) - case information sheet". United Nations International Criminal Tribunal for the former Yugoslavia. 2008. Retrieved 2009-07-07.
- "LAŠVA VALLEY (IT-95-17/1)". United Nations International Criminal Tribunal for the former Yugoslavia.
- "Bosnian Croat leaders jailed for 1990s ethnic cleansing". Reuters. 2013-05-29.
- "X-KRŽ-05/70 - Stanković Radovan, case information". Court of Bosnia and Herzegovina. Retrieved 2009-07-03.
- "Stanković still at large". Balkan Investigative Reporting Network. 2007-06-01. Retrieved 2009-07-03.
- "Samardžić convicted to 24 years". Balkan Investigative Reporting Network. 2006-12-13. Retrieved 2009-07-03.
- "Speech by Amassador Clint Williamson". Embassy of the United States, Bosnia and Herzegovina. 2007-06-14. Retrieved 2009-06-30.
- "Bosnian Serb jailed for 20 years for war crimes". Reuters. 2006-12-15. Retrieved 2009-07-07.
- "Bosnia court jails ex-Serb army commander for 18 years". Reuters. 2009-07-03. Retrieved 2009-07-07.
- "Court jails Bosnia Serb for 13 years for war crimes". Reuters. 2008-05-23. Retrieved 2009-07-07.
- "Bosnian Serb jailed for 8 years for wartime rapes". Reuters. 2009-02-19. Retrieved 2009-07-07.
- "Nine Years for Crimes Committed in Vitez". BIRN. 2010-11-12.
- "Bosnia jails Serb Veselin Vlahovic for war crimes". BBC News. 2013-03-29.
- Odjek: Zločin silovanja u Bosni i Hercegovini (Bosnian)
- Women's International League for Peace and Freedom: Mass Rape in Bosnia: 20,000 women, mostly Muslims, have been abused by Serb soldiers
- Gendercide Watch - Case Study: Bosnia-Herzegovina
- Mass rape - New York Times 1993
- Bosnia's rape babies: abandoned by their families, forgotten by the state
- Rape: weapon of war
- Orentlicher, Diane (1997). "Sexual Assault Issues Before the War Crimes Tribunal". Human Rights Brief 4 (2): 8–9.
- "When Everyone is Silent: Reparation for Survivors of Wartime Rape in Republika Srpska in Bosnia and Herzegovina". Amnesty International. 31 October 2012. EUR 63/012/2012. http://www.amnesty.org/en/library/asset/EUR63/012/2012/en/5185778e-ebd2-4f66-9008-5e7812f4bffc/eur630122012en.pdf.
- "Whose Justice? Bosnia and Herzegovina's Women Still Waiting". Amnesty International. 30 September 2009. EUR 63/006/2009. http://www.amnesty.org/en/library/asset/EUR63/006/2009/en/8af5ed43-5094-48c9-bfab-1277b5132faf/eur630062009eng.pdf.
- Documentaries and films
- "I Came to Testify". Women, War, and Peace. PBS. 11 October 2011.
- Calling the Ghosts at the Internet Movie Database
- Grbavica at the Internet Movie Database - Grbavica was the 2006 Golden Bear winner at the 56th Berlin International Film Festival
- The Death of Yugoslavia at the Internet Movie Database - Part III. The Struggle for Bosnia
- The War of the World at the Internet Movie Database
- In the Land of Blood and Honey at the Internet Movie Database
- Audio documentaries