Women and Justice: Keywords

Domestic Case Law

Prosecutor's Office v. Radovan Stanković Sudom Bosne i Hercegovine (Court of Bosnia and Herzegovina) (2007)

Gender violence in conflict, International law, Sexual violence and rape, Statutory rape or defilement, Trafficking in persons

In the summer of 1992, during an assault on the non-Serb civilian population of Foča in the early months of the Bosnian War, Radovan Stanković, a member of the Republika Srpska Army, established a small detention center for women at an apartment known as “The Brothel.”  He and others brought at least nine non-Serb females, most of whom were minors, to the apartment and detained them there.  Between August and November 1992, Stanković repeatedly raped one woman and her underage sister and incited other soldiers who visited the apartment to rape the detainees.  In addition, Stanković forced the victims to perform physical labor, including cooking for the soldiers, washing the soldiers’ uniforms, and bathing the soldiers.  In 2002, Stanković was arrested by the NATO peacekeeping force, KFOR, and transferred to the ICTY.  The ICTY referred Stanković’s case to the Court of BiH in 2005.  One year later, the Court of BiH convicted Stanković of Crimes against Humanity (enslavement, imprisonment, torture, and rape) under Article 172(1) of the Criminal Code of BiH and sentenced him to sixteen years imprisonment.  In 2007, a panel of the Appeals Division increased the prison term to twenty years.  Stanković appealed his sentence, which the ICTY and The Hague Court of Appeal upheld.  This case is notable because it was the first time the ICTY referred a case to a court of national jurisdiction.

Second instance verdict available in English here.



Prosecutor's Office v. Gojko Janković Sudom Bosne i Hercegovine (Court of Bosnia and Herzegovina) (2007)

Gender violence in conflict, International law, Sexual violence and rape, Statutory rape or defilement, Trafficking in persons

Between April 1992 and November 1993, during the Bosnian War, Gojko Janković, a paramilitary leader within the Srpska Republika Army, participated in a widespread and systematic attack on the non-Serb civilian population of Foča.  Janković’s unit methodically captured civilians, detained them separately according to gender, and killed dozens of men.  During this time, Janković raped at least five girls and women; the soldiers under his command raped scores more.  In addition, Janković and a co-perpetrator kept two teenage girls in sexual slavery at a nearby house for over one year.  In 2005, Janković voluntarily surrendered and was transferred to the International Criminal Tribunal for the Former Yugoslavia (“ICTY”).  Shortly thereafter, the Referral Branch of the ICTY referred Janković’s case to the Court of BiH.  In 2007, the Court of BiH found Janković guilty of Crimes against Humanity under Article 172(1) of the Criminal Code of BiH and sentenced him to 34 years imprisonment.  In 2010, Janković appealed his conviction to the ICTY, arguing the Court of BiH convicted him under a law, the Criminal Code of BiH, which did not exist at the time his crimes were committed.  The ICTY denied his appeal.

Second instance verdict available in English here.



Prosecutor's Office v. Predrag Kujundžić Sudom Bosne i Hercegovine (Court of Bosnia and Herzegovina) (2010)

Gender violence in conflict, Sexual violence and rape, Statutory rape or defilement, Trafficking in persons

From the spring of 1992 to the autumn of 1993, during the Bosnian War, Predrag Kujundžić, a commander in the local military and later police force, led several attacks against non-Serb civilians in Doboj.  During that time, he incited, aided, and abetted the murder, rape, imprisonment, and persecution of non-Serb civilians.  In addition, from June to December 1992, Kujundžić forced a Muslim minor into sexual slavery by use of force and threats to kill the victim’s mother and younger sister.  Kujundžić repeatedly raped the victim, forced her to have sexual intercourse with soldiers, and controlled every aspect of her life.  In 2009, the Court of BiH found Kujundžić guilty of Crimes against Humanity under Article 172(1) of the Criminal Code of BiH.  The Court found several aggravating circumstances present in Kujundžić’s case, including Kujundžić’s status as a commander, the motives for the attack, the large number of victims, and the fact that the victim of rape and sexual slavery was a minor.  The Court accordingly sentenced Kujundžić to 22 years imprisonment.  A panel of the Appellate Division later reduced his prison sentence to 17 years.

Second instance verdict available in English here.



Prosecutor’s Office of Bosnia and Herzegovina v. Slavko Lalović Sudom Bosne i Hercegovine (Court of Bosnia and Herzegovina) (2012)

Gender violence in conflict, Sexual violence and rape

In August 1992, during the Bosnian War, Slavko Lalović served as a security guard at an elementary school turned into a prison for unlawfully detained civilians in Kalinovik.  While on duty, Lalović allowed two soldiers from the Republika Srpska Army to enter the makeshift prison and rape a detained woman.  Lalović also treated detainees inhumanely on several occasions.  In 2011, the Court of BiH found Lalović guilty of War Crimes against Civilians under Article 173(1) of the Criminal Code of BiH.  The following year, a panel of the Appellate Division revised Lalović’s sentence, convicting him under the law in effect at the time the crimes were committed, Article 142(1) of the Criminal Code of the Socialist Federal Republic of Yugoslavia.  Lalović’s five-year prison sentence remained unchanged.  Notably, this is one of the few instances in which a person in a position of authority was found guilty by the Court of BiH of aiding and abetting a rape as a war crime during the Bosnian war.  

Second instance verdict available in English here.



Prosecutor’s Office v. Veselin Vlahović Sudom Bosne i Hercegovine (Court of Bosnia and Herzegovina) (2014)

Gender violence in conflict, Sexual violence and rape

Between 1992 and 1995 during the Bosnian War, Veselin Vlahović a member of the Serbian paramilitary forces, committed various crimes against humanity against the civilian non-Serb population of Sarajevo, including murder, rape, physical and mental abuse, robbery, and enforced disappearance.  His crimes were so horrific that he was known by victims as the “Monster of Grbavica.”  In 2010, Vlahović was arrested in Spain and extradited to BiH.  In 2013, the Court of BiH found Vlahović guilty of sixty different crimes against humanity, including 35 murders and 11 rapes, as well as torture, imprisonment, and looting.  He was sentenced to forty-five years imprisonment.  In 2014, the Court of BiH acquitted Vlahović of one of the 60 counts of the indictment and reduced his prison sentence to 42 years.  Notably, Vlahović’s original prison sentence of 45 years was the maximum possible penalty and is the longest sentence handed down by the Bosnian war crimes court.

Second instance verdict available in English here.



Prosecutor’s Office of Bosnia and Herzegovina v. Bogdanović Sudom Bosne i Hercegovine (Court of Bosnia and Herzegovina) (2015)

Gender violence in conflict, Sexual violence and rape

In May 1993, during the Bosnian War, Velibor Bogdanović, a member of the Croatian Defence Council, and five unidentified soldiers ransacked the home of a couple in Mostar.  The group stole jewelry from the home and took the husband to the local prison where he was unlawfully detained for 30 days.  In addition, Bogdanović raped the wife.  In 2011, the Court of Bosnia and Herzegovina (“BiH”) found Bogdanović guilty of War Crimes against Civilians under Article 173(1), as read together with Article 180(1) and Article 29, of the Criminal Code of Bosnia and Herzegovina (“CC BiH”).  In July 2015, the Constitutional Court of BiH overturned Bogdanović’s conviction, finding that it had been based on an inapplicable law.  And in September 2015, the Appellate Division of the Court of BiH revised Bogdanović’s sentence, finding him guilty of the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of the Socialist Federative Republic of Yugoslavia.  The Court imposed the minimum sentence on Bogdanović – five years imprisonment – reasoning that the accused was a married father, that he had been 22-years-old at the time that he committed the crime, that he had committed no criminal offense since the war, and that he had apologized to the victim after the war and offered her assistance.

Revised second instance verdict in English available here.