Women and Justice: Keywords

Legislation

Ley 1719 de junio 18, 2014 (2014)


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

This law modified some articles of Law 599 from 2000 and 906 from 2004, and adopted measures that expanded access to justice for victims of sexual violence, especially for those who experienced it during the armed conflict. As such, it stated the conduct and behaviors that amount to sexual violence crimes and the way they must be judicialized. Furthermore, it established that victims of sexual violence have the right to receive comprehensive compensation and reparation upon their individualized the damages.

Esta ley modificó algunos artículos de la Ley 599 de 2000 y 906 de 2004, y adoptó medidas que ampliaron el acceso a la justicia de las víctimas de violencia sexual, especialmente de aquellas que la vivieron durante el conflicto armado. En tal sentido, señaló las conductas y comportamientos que constituyen delitos de violencia sexual y la forma en que deben ser judicializados. Asimismo, estableció que las víctimas de violencia sexual tienen derecho a recibir una indemnización y reparación integral sobre la base de los daños y perjuicios individualizados.



Plano Nacional de Ação para a Implementação da Resolução Nº 1325/2000 do Conselho de Segurança das Nações Unidas sobre Mulheres, Paz e Segurança – Decreto Presidencial Nº 143/17 (2017)


Gender discrimination, Gender violence in conflict, International law

The National Plan of Action for the Implementation of the Resolution Nº 1325/2000 of the UN Security Council on Women, Peace and Security was approved by the Angolan President in June 2017, revoking all legislation that contravenes it. The UN Resolution Nº 1325/2000 emphasizes the uneven impact of armed conflicts on men and women, and appeals for a higher degree of participation of women, and the integration of gender equality in the prevention, management, and resolution of armed conflicts. As such, it highlights the importance of gender equality in all phases of construction of peace and gives women the role not as victims, but as important actors in the peacemaking process. The National Plan follows those principles by planning to: 1) increase women’s participation in the construction of peace and related decision-making, 2) guarantee the formation and habilitation of women and girls, 3) promote and protect women’s and girls’ human rights in zones of conflict and post-conflict through empowerment and elimination of gender and sexual violence, among other objectives. In this respect, the plan also includes a series of activities, goals and execution times, and the expected result as an effective policy to implement the plan's objectives.

O Plano Nacional de Ação para a Implementação da Resolução Nº 1325/2000 do Conselho de Segurança das Nações Unidas sobre Mulheres, Paz e Segurança foi aprovado pelo Presidente da Angola em Junho de 2017, revogando toda a legislação que viola o plano. A Resolução Nº 1325/2000 da ONU enfatiza o impacto desigual dos conflitos armados para homens e mulheres, e apela para um maior grau de participação das mulheres, e para a integração da igualdade de gênero na prevenção, administração e resolução dos conflitos armados. Como tal, ele realça a importância da igualdade de gênero em todas as fases de construção da paz e dá às mulheres papeis não de vítimas, mas de importantes atrizes no processo de pacificação. O Plano Nacional segue esses princípios ao planejar: 1) o aumento da participação feminina na construção da paz e relacionada a tomadas de decisão, 2) a garantia da formação e habilitação de mulheres e garotas, 3) a promoção e proteção dos direitos humanos de mulheres e garotas em zonas de conflito e pós-conflito por meio do empoderamento e eliminação de violência sexual e de gênero, junto de outros objetivos. Nesse sentido, o plano também inclui uma série de atividades, metas e tempos de execução, e o resultado esperado como uma política efetiva para implementar os objetivos do plano.



Krivični zakon (Criminal Code) (2003)


Gender discrimination, Gender violence in conflict, International law, Sexual violence and rape, Trafficking in persons

The Criminal Code defines rape and the persecution of a person based on his or her sex as a crime against humanity (Article 172). It also includes rape or forcible prostitution under threat to a person’s life or limb and/or the threat to the life or the limb of a loved one as a crime of war (Article 180). English translation available from ILO and LegislatiOnline through External URL.



Domestic Case Law

In der Beschwerdesache der A (In the Matter of A.) [E 1689/2020-5] Österreichischer Verfassungsgerichtshof (Austrian Constitutional Court) (2020)


Gender violence in conflict, Gender-based violence in general, International law

The 90-year-old female appellant (an Iraqi national) applied to the Austrian government for asylum and international protection, stating that due to the war in Iraq, she feared for her life and for her family. She stated that she had been threatened by various battle groups. It appeared that the appellant was confined to a wheelchair and suffered from various illnesses including labyrinthine deafness, arterial hypertonia, kidney cysts, and dementia with behavioral disorder. Her application for international protection was rejected by the relevant asylum authorities and the Austrian Federal Administrative Court on the grounds that she did not meet the criteria for asylum or international protection. Among other reasons, her medical conditions were found to be insufficiently serious and of a nature that could be treated in Iraq. In addition, the fact that she still had family in Iraq to support her was found to be sufficient proof that she could lead a life without undue hardship. However, the Constitutional Court ultimately revoked this judgment, finding (among other conclusions) that the circumstances of the case were not sufficiently considered, especially the appellant’s age, serious medical condition, unreasonable difficulty accessing medical treatment in Iraq. Therefore, the Court found (1) the appellant’s rights of Article 3 European Human Rights Convention to be violated, and (2) the lower court’s decision arbitrary.

Die 90-jährige Beschwerdeführerin (eine irakische Staatsangehörige) beantragte bei der österreichischen Regierung Asyl und internationalen Schutz mit der Begründung, dass sie aufgrund des Krieges im Irak um ihr Leben und ihre Familie fürchte. Sie gab an, dass sie von verschiedenen Kampfgruppen bedroht worden sei. Es stellte sich heraus, dass die Beschwerdeführerin an einen Rollstuhl gefesselt war und an verschiedenen Krankheiten litt, darunter labyrinthische Taubheit, arterielle Hypertonie, Nierenzysten und Demenz mit Verhaltensstörungen. Ihr Antrag auf internationalen Schutz wurde von den zuständigen Asylbehörden und dem österreichischen Bundesverwaltungsgericht mit der Begründung abgelehnt, sie erfülle nicht die Kriterien für Asyl oder internationalen Schutz. Unter anderem wurde ihr Gesundheitszustand als nicht so schwerwiegend eingestuft, sodass dieser auch im Irak behandelt werden könne. Außerdem wurde die Tatsache, dass sie noch Familie im Irak hat, die sie unterstützen könnte, als ausreichender Beweis dafür angesehen, dass sie ein Leben ohne unzumutbare Härten führen kann. Das Verfassungsgericht hob dieses Urteil jedoch schließlich auf und stellte (neben anderen Schlussfolgerungen) fest, dass die Umstände des Falles nicht ausreichend berücksichtigt wurden, insbesondere das Alter der Beschwerdeführerin, ihr schwerer Gesundheitszustand und die unzumutbaren Schwierigkeiten beim Zugang zu medizinischer Behandlung im Irak. Daher stellte das Gericht fest, dass (1) die Rechte des Beschwerdeführers aus Artikel 3 der Europäischen Menschenrechtskonvention verletzt wurden und (2) die Entscheidung der unteren Instanz willkürlich war.



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.



Reports

Whose Justice? The Women of Bosnia and Herzegovina are Still Waiting (2009)


Gender violence in conflict

This report, published by Amnesty International, documents how the Bosnian authorities have violated a wide range of rights of the survivors of rape and other forms of sexual violence. The report discusses the prevalence of rape and other forms of sexual violence against women during the 1992-1995 war in Bosnia and Herzegovina. It then considers how successive governments have consistently failed to bring those responsible to justice, ensure survivors’ access to an effective remedy, and provide survivors of sexual violence with reparations. Also available in Bosnian and French through External URL.