CEU Electronic Theses and Dissertations, 2013
| Author | Muslija, Aldina |
|---|---|
| Title | THE FORGOTTEN SURVIVORS: A CASE STUDY ON ACCESS TO JUSTICE AND REMEDIES FOR VICTIMS OF SEXUAL VIOLENCE IN BOSNIA AND HERZEGOVINA |
| Summary | With ICTY’s mandate coming to an end, jurisdiction for prosecution of sexual violence has been transferred to Bosnia and Herzegovina (BiH). Simultaneously, a War Crimes Chamber (WCC) has been opened, under the supervision of international prosecutors and judges in the State Court. Crimes of sexual violence can be prosecuted in the WCC or in the two semi-independent entities: Federacija Bosne i Hercegovine/Federation of Bosnia and Herzegovina (FBiH) or in Republika Srpska (RS). Seven years since the transfer of jurisdiction, it is important to examine the issue of justice and remedies for victims of sexual violence in BiH. The aim of this thesis is to observe whether victims of sexual violence have access to justice and appropriate remedies such as psycho-social care and reparation schemes in a decentralized judicial and legislative system since the transfer of jurisdiction from ICTY in 2004. It is important to analyze how victims of sexual violence are treated in a country of ethnic pluralism and lack of harmonization. The first component of the thesis is a comparison of jurisprudence of sexual violence between ICTY and Bosnia courts to examine if WCC and entity courts are following international standards of sexual violence prosecutions. The second component is a comparison of the legislative and judicial structure between the state and entities. Under the current political and judicial structure, criminal prosecutions of sexual violence are not a comprehensive form of justice. Moreover, it is likely that adequate remedies are not available in FBiH and RS. That being said, it is necessary to explore Transitional Justice, Restorative Justice and other non-judicial approaches to help women recover from the trauma. |
| Supervisor | Marjan Ajevski |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2013/muslija_aldina.pdf |
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