McHenry, James

This article addresses the judicial response to the gang-rape and sexual enslavement of Bosnian-Muslim women by Bosnian-Serb solidiers during the Yugoslav conflict. These crimes are identified by the author as being epitomized by the atrocities committed in the small Bosnia-Herzegovinan town of Foca. The article commences with a discussion of the development of international law regarding crimes against humanity (Part I) before turning to the 2001 decision of the International Criminal Tribunal for Yugoslavia (ICTY) "Prosecutor v. Kunarac" (Parts II-V).

This articles situates the prosecution of rape and sexual enslavement as crimes against humanity by the International Criminal Tribunal for the former Yugoslavia (ICTY) as part of a larger, emerging picture of international legal jurisprudence. The author notes that the ICTY built upon its own decisions and the decisions of the International Criminal Tribunal for Rwanda (ICTR), broadened international protections of civilians in conflict, and codified women as legally equal to men.