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Tactical Rape in War and ConflictInternational Recognition and Response$
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Brenda Fitzpatrick

Print publication date: 2016

Print ISBN-13: 9781447326694

Published to Policy Press Scholarship Online: January 2017

DOI: 10.1332/policypress/9781447326694.001.0001

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Tactical rape in the former Yugoslavia

Tactical rape in the former Yugoslavia

(p.105) Five Tactical rape in the former Yugoslavia
Tactical Rape in War and Conflict

Brenda Fitzpatrick

Policy Press

This chapter analyses the establishment, operation, achievements and failures of the International criminal tribunal for the former Yugoslavia. It focusses on definitions and outcomes in cases involving tactical rape and sexual violence in the conflict in the 1990s. It reviews how tactical rape is viewed as a strategy and is policy determined. Rulings apply to tactical rape and sexual violence and the reality that such crimes could be dealt with under existing international law: they could be judged to be crimes against humanity, war crimes and acts of torture. Rulings established command responsibility reaching up to a head of state and the nature of conflicts to include both inter and intra state conflicts. Achievements and criticisms are reviewed. Testimonies are reviewed to demonstrate the suffering of survivors and victims.

Keywords:   former yugoslavia, international criminal tribunal for the former yugoslavia, tactical rape, war crimes, crime against humanity, torture, command responsibility, inter and intra-state conflicts

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