Authors:
- Serhii Ablamskyi: ORCID

- Ena Kazić Çakar, Faculty of Law, International University of Sarajevo - Google Scholar, ResearchGate

- Iryna Hloviuk: Academia.edu, ResearchGate

Abstract: »Despite that they are tacitly accepted by many as an inevitable part of armed conflict, most of the international community condemns wartime rape and aims to prevent it. Although its preventive mechanisms were already developed nationally and internationally, wartime rape was perpetrated in the war in Bosnia and Herzegovina (1992–1995), and is perpetrated in the war in Ukraine. This comparative study identifies patterns of wartime rapes in these two wars, as well as the analysis of the positive criminal codes of these two countries and the legal practice attendant thereto, in order to establish how they were regulated and what the criminal politics towards them is. Particularities of the experience with trialling wartime rapes in Bosnia and Herzegovina will be presented. These are presented as lessons Ukraine can benefit from, to fight against them, prevent them, and achieve justice most efficiently.« (Source: Baltic Journal of Law & Politics)

Contents:

	Abstract (p. 136)
	Introduction (p. 137)
	1. Defining Wartime Rapes (p. 138)
		1.1. Legal Nature of Wartime Rapes (p. 141)
		1.2. Motives for the Perpetration of Wartime Rapes (p. 143)
	2. War Rapes in Bosnia and Herzegovina (p. 143)
		2.1. Response of the International Community to the Atrocities in Bosnia and Herzegovina (p. 145)
			2.1.1. The Legacy of the Icty for Prosecution of War Rapes Perpetrated in Bosnia and Herzegovina (p. 145)
			2.1.2. Prosecution for the Wartime Rapes by the National Courts in Bosnia and Herzegovina (p. 147)
			2.1.3. Insights in the Positive National Criminal Law Related to Wartime Sexual Violence (p. 147)
		2.2. Lessons to be Learned from Bosnia And Herzegovina (p. 148)
	3. Conflict Related Sexual Violence in Ukraine (p. 151)
		3.1. Peculiarities of Conflict-Related Sexual Violence Qualifications According to National Ukrainian Legislation (p. 152)
		3.2. Judicial Practice of Qualification Of Crsv Under Art. 438 of the Criminal Code of Ukraine (p. 155)
	Conclusion (p. 157)
	List of Bibliography (p. 158)
		Literature (p. 158)
		Internet Sources (p. 159)
		International Legal Sources (p. 161)
		Laws (p. 161)
		Cases(p. 162)

Wikipedia: History of Europe: History of Bosnia and Herzegovina / Republic of Bosnia and Herzegovina | History of Europe: History of Russia / History of the Russian Federation | History of Europe: History of Ukraine / Modern history of Ukraine | Sex and the law: Rape / Wartime sexual violence | War: Bosnian War / Rape during the Bosnian War | War: Russo-Ukrainian War / Sexual violence in the Russian invasion of Ukraine