Gender Equality in Armed Conflict: The Legacy of the Conflicts in the Former Yugoslavia in the Development of International Criminal Law

Stevanović, Anđelija (2026) Gender Equality in Armed Conflict: The Legacy of the Conflicts in the Former Yugoslavia in the Development of International Criminal Law. In: Gender Equality in the Post-Yugoslav Space: Challenges, Policies and Perpectives. Institute of Social Sciences, Belgrade, p. 70. ISBN 978-86-7093-294-4

Text Gender-Equality-Anđelija.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (578kB)

Abstract

The armed conflicts that accompanied the dissolution of Yugoslavia in the 1990s exposed the systematic and widespread use of sexual violence against women as a method of warfare. These events significantly influenced the development of international legal response to gender-based violence in armed conflict and contributed to a broader recognition of its implications for gender equality. This research examines the role of the International Criminal Tribunal for the Former Yugoslavia in shaping the legal understanding and prosecution of sexual violence in armed conflict. Through its jurisprudence, the Tribunal established important precedents by recognizing rape and other forms of sexual violence as war crimes, crimes against humanity, and, in certain circumstances, acts of torture. Landmark judgments such as Prosecutor v. Kunarac et al. and Prosecutor v. Furundžija played a crucial role in clarifying the legal elements of these crimes and in affirming the gravity of gender-based violence under international law. Building on these developments, it is argued that the legacy of the Tribunal extends beyond the sphere of criminal accountability. Its jurisprudence contributed to a deeper conceptualization of gender- based violence as a structural phenomenon, as well as to the incorporation of gender perspectives within contemporary international criminal law. In this sense, the experience of the former Yugoslavia represents a pivotal moment in the evolution of legal frameworks addressing violence against women in armed conflict

Actions (login required)

View Item