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19 Gonz. J. Int'l L. 1 (2015-2016)

handle is hein.journals/gjil19 and id is 1 raw text is: SEXUAL VIOLENCE DURING THE Kosovo WAR: HOW ACKNOWLEDGING RAPE AS A Jus COGENS VIOLATION AND OTHER STEPS CAN BRING JUSTICE TO ALL VICTIMS Elizabeth Vulaj* I. IN TR O D U C TIO N ........................................................................ 2 II. THE BEGINNING OF THE KOSOVO CONFLICT .................. 3 III. RAPE: AN INSTRUMENT UTILIZED TO SEIZE WOMEN'S PRIOR SOLE FORM OF VALUE, THEIR DIGNITY .................. 5 IV. REASONS BEHIND THE DELAY IN BRINGING RAPE CLAIMS AND CASES FORWARD ............................................. 9 V. AN INTRODUCTION TO JUS COGENS ................................... 10 VI. HOW RAPE MAY BE ACKNOWLEDGED AS A JUS COGENS IN THE CONTEXT OF THE KOSOVO WAR AND BALKAN C O N F L IC T .................................................................................. 1 1 A. Linking Rape to Already Acknowledged Jus Cogens Such as T o rtu re ........................................................................... . . 12 B. Acknowledging Rape as a Violation of Human Dignity ...... 14 C. Increased Activity in International Law Prosecution of Crimes Serving as a Jus Cogens Violation ...................... 15 D. How the Kumanovo Treaty Can Be Viewed as a Push to Classify Rape as a Jus Cogens Violation ......................... 16 VI. WHAT WILL RESULT FROM OFFICIALLY CLASSIFYING RAPE AS A JUS COGENS CAUSE ......................................... 18 VII. TRANSITIONAL JUSTICE .................................................... 21 VIII. SLOW BEGINNINGS: AN INTRODUCTION TO VARIOUS REM ED IA L STEPS ............................................................... 22 A. A New Constitutional Framework .................................. 24 B. The Role of NGOs in Post-Conflict Areas Such as Kosovo. 24 C. Re-Building Through Prosecution as a Major Step ...... 26 * The author is an Albanian-American third year law student at CUNY School of Law. She currently serves as the Digital Articles Editor on the CUNY Law Review, is a member of the CUNY Law Moot Court, and is working as a student attorney in the International Women's Human Rights Clinic. The author would like to thank her family for their unwavering support and encouragement, the editorial team at the Gonzaga Journal of International Law, and Pro- fessorDineshKhosla, for the continuous feedback and guidance he provided during the process of writing this article.

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