Rape Sexual Violence And Transitional Justice Challenges

It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.

Documenting the experiences, achievements, challenges, and fundamental insights of the Office of the Prosecutor in prosecuting conflict-related sexual violence crimes at the ICTY, this volume analyses and recommends ways to overcome the obstacles faced in prioritizing, investigating and prosecuting conflict-related sexual violence crimes.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

All too often in situations of armed conflicts, rape and other acts of sexual violence are used as military tactics. The use of sexual violence as a strategy of war is distinctively destructive and not only leaves victims with significant psychological scars but also tears apart the fabric of families and affected communities. Sexual Violence and Effective Redress for Victims in Post-Conflict Situations: Emerging Research and Opportunities is a collection of innovative research that analyzes these crimes and their implications for the needs of victims in post-conflict justice processes and how these needs can be effectively addressed in order to support the affected community. To conduct this analysis, it explores the distinct aspects of these crimes to understand the nature and extent of the social challenges and damage facing the victim, and examines the challenges and limitations of international criminal justice in dealing with a wide range of victim needs. While highlighting topics including judicial accountability, victims’ rights, and criminal justice, this book is ideally designed for psychologists, therapists, government officials, academicians, policymakers, and researchers.

This interdisciplinary book constitutes the first major and comparative study of resilience focused on victims-/survivors of conflict-related sexual violence (CRSV). Locating resilience in the relationships and interactions between individuals and their social ecologies (including family, community, non-governmental organisations and the natural environment), the book develops its own conceptual framework based on the idea of connectivity. It applies the framework to its analysis of rich empirical data from Bosnia-Herzegovina, Colombia and Uganda, and it tells a set of stories about resilience through the contextual, dynamic and storied connectivities between individuals and their social ecologies. Ultimately, it utilises the three elements of the framework – namely, broken and ruptured connectivities, supportive and sustaining connectivities and new connectivities – to argue the case for developing the field of transitional justice in new social-ecological directions, and to explore what this might conceptually and practically entail. The book will particularly appeal to anyone with an interest in, or curiosity about, resilience, and to scholars, researchers and policy makers working on CRSV and/or transitional justice. The fact that resilience has received surprisingly little attention within existing literature on either CRSV or transitional justice accentuates the significance of this research and the originality of its conceptual and empirical contributions. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This book draws together established and emerging scholars from sociology, law, history, political science and education to examine the global and local issues in the pursuit of gender justice in post-conflict settings. This examination is especially important given the disappointing progress made to date in spite of concerted efforts over the last two decades. With contributions from both academics and practitioners working at national and international levels, this work integrates theory and practice, examining both global problems and highly contextual case studies including Kenya, Somalia, Peru, Afghanistan and DRC. The contributors aim to provide a comprehensive and compelling argument for the need to fundamentally rethink global approaches to gender justice.

Using the Peruvian internal armed conflict as a case study, this book examines wartime rape and how it reproduces and reinforces existing hierarchies. Jelke Boesten argues that effective responses to sexual violence in wartime are conditional upon profound changes in legal frameworks and practices, institutions, and society at large.

This edited volume focuses on developments in recognizing, investigating, and prosecuting cases of sexual violence in (post-)conflict situations from an interdisciplinary angle. The investigation and prosecution of these cases raises new and challenging questions as to how to build evidence, but also how to address victims? concerns in that process. It addresses innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime, crime against humanity to genocide; evidentiary and procedural achievements and challenges involved in prosecuting sexual victimization in international courts; and how to create awareness of sexual violence crimes in order to recognize such crimes and to prevent them in the future.