A Comparative Study of Wartime Rapes: The Experience of Bosnia and Herzegovina and Ukraine

Abstract

Despite that they are tacitly accepted by many as an inevitable part of armed conflict, most of the international community condemns wartime rape and aims to prevent it. Although its preventive mechanisms were already developed nationally and internationally, wartime rape was perpetrated in the war in Bosnia and Herzegovina (1992–1995), and is perpetrated in the war in Ukraine. This comparative study identifies patterns of wartime rapes in these two wars, as well as the analysis of the positive criminal codes of these two countries and the legal practice attendant thereto, in order to establish how they were regulated and what the criminal politics towards them is. Particularities of the experience with trialling wartime rapes in Bosnia and Herzegovina will be presented. These are presented as lessons Ukraine can benefit from, to fight against them, prevent them, and achieve justice most efficiently.

Keywords

• wartime rapes
• conflict-related sexual violence
• criminal law
• war crimes
• bosnia and herzegovina
• ukraine