Rape, a war crime: Hague Tribunal

By Vaiju Naravane

PARIS, FEB. 23.Sexual slavery and rape committed in Bosnia have for the first time been recognised as crimes against humanity by the International War Crimes Tribunal at The Hague.

In a historic verdict, three former Bosnian Serb soldiers were convicted to a total of 60 years in prison for the torture and rape of Muslim women in the village of Foca during the war in Bosnia Herzegovina in 1992.

Handing down the guilty verdict of crimes against humanity which included rape and sexual enslavement, Zambian Judge Florence Mumba said the three soldiers Dragolub Kunarac, Radomir Kovac, and Zoran Vukovic used rape as an instrument to terrorise the population.

The convicted were ``not the political masterminds'' behind the conflict but equally, they ``were not just following orders'' but had exercised free will, she said.

``The three accused are not ordinary soldiers whose morals were merely loosened by the hardships of war .. they thrived in the dark atmosphere of the dehumanisation of those believed to be enemies,'' the judgment continued.

The youngest victim was a girl of 12 while another victim who was 15 at the time of the rape said she would live with the horror for the rest of her life.

In all 16 women gave graphic evidence of how Bosnian Serb soldiers picked out young girls for gang rape and torture.

Many of the women suffered long lasting gynaecological and psychological damage.

The judgment is significant, even historic, legal experts feel, since it clearly establishes rape as a war crime.

So far rape has not been included under the category of war crimes.

When proved to be used as an instrument of terror to wage war, rape has been classified as a crime against humanity.

The judgment has also expanded the definition of sexual slavery and brought it into the ambit of war crimes.

Japanese sexual enslavement of Korean women during the Second World War would now be considered a crime against humanity.

According to the charges, after Serb forces over ran the town of Foca, Muslim women were detained and humiliated, and were forced to submit to degrading living conditions.

They were brutally beaten and suffered sexual violence including rape and collective rape.

``This is the first case where sexual slavery has been condemned and recognised as a crime against humanity,'' said Dirk Ryneveld, from the prosecutor's office. Sentencing Justice Mumba said: ``Lawless opportunists should expect no mercy, no matter how low their position in the chain of command may be.''

Human rights organisations have welcomed the verdicts saying they will encourage other women to come forward and give evidence .

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Section  : International
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