Rape in the Bosnian War
During the Bosnian War, fought by the country's three main ethnic groups, and the resulting Bosnian genocide, the violence assumed a gender specific form, with the Army of the Republika Srpska (VRS) carrying out a policy of genocidal rape against the Bosniak (Bosnian Muslim) ethnic group. Estimates of the total number of women raped during the war range from 12,000 to 50,000. 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. Although the ICTY did not treat the mass rapes as genocide, it is clear from the organized, and systematic nature of the mass rapes of the Bosniak female population, that these rapes were a part of a larger campaign of genocide.
While women of all ethnic groups were affected by instances of rape during the conflict, the great majority of war crimes were perpetrated by Bosnian Serb forces of the VRS and Serb paramilitary units, who used rape as an instrument of terror as part of their programme of ethnic cleansing. The trial of VRS member Dragoljub Kunarac was the first time in either national or international jurisprudence that a person was convicted of using rape as a weapon of war. The widespread media coverage of the atrocities by Serbian paramilitary and military forces against Muslim women and children, drew widespread international condemnation.
Rape as Genocide
According to Amnesty International, the use of rape during times of war is not a by-product of conflicts, but a pre-planned and deliberate military strategy. The Rape of Nanking, has been described by Adam Jones as "one of the most savage instances of genocidal rape". The violence saw tens of thousands of women gang raped and killed. In the last quarter of a century, the majority of conflicts have shifted from wars between nation states to communal and intra-state civil wars. During these conflicts the use of rape as a weapon against the civilian population by state and non-state actors has become more frequent. Journalists and human rights organizations have documented campaigns of genocidal rape during the conflicts in the Balkans, Sierra Leone, Rwanda, Liberia, Sudan, Uganda, and the Democratic Republic of the Congo. The strategic aim of these mass rapes are twofold. The first is to instill terror in the civilian population, with the intent to forcibly dislocate them from their property. The second is to degrade the chance of possible return and reconstitution by inflicting humiliation and shame on the targeted population. These effects are strategically important for non-state actors, as it is necessary for them to remove the targeted population from the land. The use of mass rape is well suited for campaigns which involve ethnic cleansing and genocide, as the objective is to destroy or forcefully remove the target population, and ensure they do not return.
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 nationalist sentiment 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 Bosniaks in the persecution of Serbs during the Ustaše genocide 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. 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".
Before the conflict began, Bosniaks 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 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 looted or raised to the ground, the civilian population were rounded up, at times some were physically abused or murdered during the process. Men and women were separated and then held in concentration camps.
Estimates of victims
Estimates of the women raped range from 12,000 to 50,000, the great majority of whom are Bosniak. The Serb forces set up "rape camps", where women were subjected to being repeatedly raped, and only released when pregnant. Gang rape and public rapes in front of villagers and neighbors were not uncommon.
From May 1992, Bosniaks were rounded up and sent to the Omarska camp. At the camp, which has been described as a "concentration camp" rape, sexual assaults and torture of men and women were commonplace. One newspaper described the events there as "the location of an orgy of killing, mutilation, beating and rape"
On 6 October 1992 the United Nations Security Council established a Commission of Experts chaired by M. Cherif Bassiouni, according to the commission's findings it was apparent that rape was being used by Serb forces systematically, and had the support of commanders and local authorities.[a] The commission also reported that some perpetrators said they were ordered to rape. Others said that the use of rape was a tactic to make sure the targeted population would not return to the area. The assailants told their victims they would bear a child of the assailant's ethnicity. Pregnant women were detained until it was too late to have the fetus aborted. Victims were told they would be hunted down, and killed, should they report what had transpired. The commission also 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."
The team of European Community investigators, including Simone Veil and Anne Warburton, similarly concluded in their 1993 report that rape carried out by the Bosnian Serb forces was not a secondary effect of the conflict but part of a systematic policy of ethnic cleansing and was "perpetrated with the conscious intention of demoralizing and terrorizing communities, driving them from their home regions and demonstrating the power of the invading forces". Amnesty International and Helsinki Watch also concluded during the conflict that rape was being used as a weapon of war, with the primary purpose being to cause, humiliation, degradation, and intimidation, to ensure the survivors would leave and never return.
Throughout the conflict women of all ethnic groups were affected, although not on the scale that the Bosnian Muslim population suffered. 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.[b]
Characteristics of locations and procedures
In May 1992 Serbian villagers from Snagovo, Zvornik, surrounded and captured the village of Liplje and turned it into a concentration camp. Four hundred people were imprisoned in a few houses and those held there were subject to rape, torture and murder.
Over a five month period between spring and summer of 1992 between 5,000-7,000 Bosniaks and Croatians were held in inhuman conditions at Omarska, rape murder and physical abuse were commonplace.
Detention 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. During the trial of Dragoljub Kunarac et.al, the conditions of these camps were described as being "intolerably unhygienic", and the head of the police in Foča, Dragan Gagović, was identified as being one of the men who would visit these camps, where he would select women, take them outside, and then rape them.[d]
Women and girls selected by Kunarac, or by his men, were 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.
Croatian forces set up concentration camps at, Čelebići, Dretelj, Gabela, Rodoc, Kaonik, Vitez, and Žepa. At the Čelebići facility, Serb civilians were subjected to various forms of torture and cruel and inhuman treatment, including rape. At Dretelj the majority of prisoners were Serbian civilians, who were held in inhumane conditions, while female detainees were raped and told that they would be held until they gave birth to an "Ustase". Both Serbian and Bosniak civilians were held at the Heliodrom camp in Rodoc, and detainees were reported to have been sexualy assaulted.
Bosniak force founded concentration camps in the Musala sports facility in Konjic, Donje Selo, which was for Serbian women and children only, and also ran the Čelebići prison camp in conjunction with Croatian forces.
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.
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.
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 seventeen 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.
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).”
National and International reactions
The United Nations Security Council established the ICTY due to the massive human rights violations carried out by the Serbian armed forces. Article five of the ICTY charter clarified that the tribunal had the power to prosecute war crimes, and the charter specifically condemned rape as a crime, for which people could be indicted. John Y. Lee argues that a similar tribunal to the ICTY be formed to prosecute the Japanese armed forces for their use of "comfort women" during WW2.
In the early 1990s calls were made for legal action to be taken over the possibility of a genocide having happened in Bosnia. The ICTY set the precedent that rape in warfare is a form of torture, and in 2011 indicted 161 people, and heard evidence from over 4000 witnesses. In 1993 the ICTY defined rape as a crime against humanity, and also defined, rape, sexual slavery, and sexual violence as international crimes which constitute torture and genocide. The ICTY has indicted 161 people, from all ethnic backgrounds, for war crimes.
"Milorad Krnojelac, Janko Janjić, Dragan Gagović and others were indicted for murder, rape and torture committed in the process of the ethnic cleansing of Foča"
Judges from the ICTY ruled during the trial of Dragoljub Kunarac, Radomir Kovač and Milorad Krnojelac that rape had been used by the Bosnian Serb armed forces as an "instrument of terror". Kunarac was sentenced to 28 years imprisonment for, rape, torture and enslaving women. Kovač, who had raped a twelve year old child, and then sold her into slavery, was given 20 years imprisonment and Krnojelac 15. They declared that a "hellish orgy of persecution" occurred in various camps across Bosnia.
In 1997, Radovan Karadžić was sued by Muslim and Croatian women in an American court for genocidal rape. He was tried and convicted in absentia, the female plaintiffs were awarded 745 million dollars in damages, as they had been found to be victims of genocidal rape.
On 26 June 1996 the ICTY indicted Dragan Zelenović on seven counts of rape and torture as crimes against humanity, and seven counts of rape and torture as violations of the customs and laws of war. Initially Zelenović plead not guilty, but during a hearing on 17 December 2007, the trial chamber accepted a guilty plea from Zelenović on three counts of torture and four counts of rape as crimes against humanity. Zelenović had taken part in the sexual assaults of women at various camps, including the multiple perpetrator rape of a fifteen year old girl and an adult woman. He was given a fifteen year sentence for crimes against humanity which he appealed. The appeal chamber upheld the original sentence.
On 10 March 1997, in what is best known as the Čelebići case, Hazim Delić, Zejnil Delalic, Zdravko Mucic and Esad Landzo were put on trial. They were charged under article 7(1)[e] and article 7(3)[f] of the ICT statutes for violating international humanitarian laws. The offenses occurred in the Čelebići prison-camp, which at that time was controlled by Bosnian Muslims and Croatians. Delić was found guilty of using rape as torture, which was a breach of the Fourth Geneva Convention and that he had violated the laws and customs of war. The trial chamber also found that Mucic was guilty of crimes carried out while he was commander of the camp, under the principle of command responsibility, these included gender related atrocities.
On 22 June 1998, Anto Furundžija was put on trial in what was one of the shortest trials heard by the ICTY. This was the first case heard by the ICTY which dealt exclusively with charges for rape. Furundžija was a Bosnian Croat and local commander of the militia known as "the Jokers" who were under the command of the Croatian Defence Council. The Jokers took part in the Lašva Valley ethnic cleansing. He was indicted for individual criminal responsibility which included, "committing, planning, instigating, ordering or otherwise aiding and abetting in the planning, preparation or execution of any crimes referred to in articles two and three of the tribunal statute." A single witness, who had been assaulted by Furundžija while he interrogated her, gave the majority of testimony during this trial, she was beaten and another soldier forced her to have oral and vaginal sex while Furundžija was present. Furundžija did not act to prevent the assault, even though he was in a position of command. His defense counsel argued that the witness was suffering from post traumatic stress disorder and had misidentified the accused. The trial chamber gave Furundžija two sentences of ten and eight years to run concurrently having found him guilty under article three, in that he had violated "the laws or customs of war for torture and for outrages upon personal dignity, including rape."
In May 2009, Jadranko Prlić, who had been prime minister of the self-proclaimed Bosnian Croat wartime state of Herzeg-Bosnia, was convicted of murder, rape and expulsion of Bosniaks. He was given a sentence of 25 years imprisonment.
According to Margot Wallström, U.N. Special Representative on Sexual Violence in Conflict, only 12 cases out of an estimated 50,000 to 60,000 have been prosecuted as of 2010. By April 2011 the ICTY had indicted ninety-three men, of these forty-four were indicted for crimes related to sexual violence.
On 9 March 2005, the War Crimes Chamber of the Court of Bosnia and Herzegovina, was officially inaugurated. At first this was a hybrid court of international and national judges, by 2009 all judicial actions were handed over to the domestic authorities.
- 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.
- "In Bosnia, 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."
- "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."
- "At Keraterm camp, a number of guards raped a female inmate on a table in a dark room until she lost consciousness. The next morning she found herself lying in a pool of blood."
- 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.
- "A person who orders an act or omission with the awareness of the substantial likelihood that a crime will be committed in the execution of that order, has the requisite mens rea for establishing liability under article 7(1) pursuant to ordering, Ordering with such awareness has to be regarded as accepting that crime."
- "A superior may be held responsible for the crimes of his subordinates, were he (a) failed to prevent the commision of those crimes, he he know or had reason to know that they would likely be committed, or (b) failed to punish those who committed them."
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- 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
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- 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