Delivering justice for wartime sexual violence in Bosnia and Herzegovina

A particularly appalling feature of the conflicts in the former Yugoslavia during the 1990s was endemic sexual violence. In Bosnia and Herzegovina, systematic rape and other forms of sexual abuse were widespread, with an estimated 20,000 women and girls – and an unknown number of men and boys – victims of these crimes.

On 3 April 2014 the OSCE Mission to Bosnia and Herzegovina published a landmark report assessing how war crimes cases involving sexual violence are being heard at the Court of Bosnia and Herzegovina. The report’s key findings were highlighted by actress and Special Envoy of the UN High Commissioner for Refugees Angelina Jolie and UK Foreign Secretary William Hague when they travelled to Bosnia and Herzegovina at the end of March 2014 to meet victims as part of their campaign to end sexual violence in war.

#TimeToAct

#BiH knows the agony of #sexualviolence in war. @OSCEBiH applauds @WilliamJHague and others for targeting these crimes globally #TimeToAct

— OSCE Mission to BiH (@OSCEBiH) March 28, 2014

“For too long the world has tolerated these crimes, and left survivors to struggle in the shadows. Our goal is to bring forward the voices of the survivors of these crimes and to ask the world to stand with them and against impunity.”

Angelina Jolie, Special Envoy of the UN High Commissioner for Refugees

Over the past decade, 111 cases involving conflict-related sexual violence have been heard in courts in Bosnia and Herzegovina (state level and entity level). The OSCE Mission has closely monitored proceedings and provided support to the judiciary for processing war crimes. Thirty-six cases have been completed at the Court of BiH and a significant number of cases involving conflict-related sexual violence are also being prosecuted at the entity level.

Report on Combating Impunity for Conflict-Related Sexual Violence in Bosnia and Herzegovina

The report by the OSCE Mission to Bosnia and Herzegovina, Combating Impunity for Conflict-Related Sexual Violence in Bosnia and Herzegovina: Progress and Challenges, examines the advances made in prosecuting war crimes cases involving sexual violence at the Court of BiH, and makes recommendations for the speedier delivery of justice. One of the Mission’s primary goals is ensuring that justice is attained for the victims of the crimes committed between 1992 and 1995.

The report includes recommendations for the various actors involved, aimed at improving the capacity and quality of judicial processes for dealing with sexual violence:

• The BiH Prosecutor’s Office should develop a policy for the prioritization, investigation and prosecution of conflict-related sexual violence cases;
• All judicial staff involved in these cases should have sufficient training to sensitively handle proceedings, given their specific nature;
• As a matter of urgency, amendments should be made to the 2003 Criminal Code to bring it into line with international standards;
• The international community should continue its support to tackling conflict-related sexual violence crimes cases, including through efforts such as the UK’s Prevention of Sexual Violence in Conflict Initiative and increased support to non-governmental organizations and victims’ associations.

A future report by the OSCE Mission to Bosnia and Herzegovina will analyse proceedings for cases involving conflict-related sexual crimes at the entity level.

Angelina Jolie: It is within our power to end the use of #rape as a weapon of war, and transform international peace & security. #TimeToAct

— SexualViolenceInWar (@end_svc) March 28, 2014

“We are visiting to draw the world’s attention to their search for justice, and to call for global action to end the use of rape as a weapon of war once and for all.”

William Hague, UK Foreign Secretary