"There Will be no Justice unless Women are part of that justice": Rape in Bosnia, the ICTY and "Gender Sensitive" Prosecution

This comment discusses rape in Bosnia and the response of the International Criminal Tribunal for the Former Yugoslavia (ICTY). It explores the impact of the new "gender consciousness" on the personnel, structure and procedure of rape prosecution and assesses women's place in international humanitarian law. After a brief overview of the conflict in the region (Section I), the comment turns to an analysis of the information available on the systematic mass rapes perpetrated by Bosnian Serbs against Bosnian Muslims (Section II). Section III discusses the development of a gender sensitive approach towards victims of sexual assault, with Section IV focusing particularly on the prosecution of Dragoljub Kunarac for the "Foca Rapes". Finally, Section V assesses the contribution of the ICTY's rape prosecutions to international law and women's rights.