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8 New Eng. J. Int'l & Comp. L. 285 (2002)
Forced Impregnation and Rape as a Means of Genocide

handle is hein.journals/newenjic8 and id is 289 raw text is: NOTES

Forced Impregnation and Rape as a Means of Geoncide
I. INTRODUCTION
Sexual assault, systematic mass rapes, gang rapes, public rapes, sexual
mutilation, forced impregnation, enforced prostitution, forced abortions,
forced sexual slavery, forced pregnancy and forced public nudity are some
of the situations of violence that women have had to endure from 1992
through 1998 in the Former Yugoslavia.
Rebels and degenerates were not performing this gender-based
violence randomly. It was being carried out by government forces and
paramilitaries with the knowledge and encouragement of officials in high
positions of power and authority. These unspeakable acts were used as a
tool, a weapon of war, and an instrument of ethnic cleansing and
genocide.
The goal was to eliminate the ethnic Albanians from Kosovo and the
Muslims from Bosnia-Herzegovina. Although this practice was going on
as early as 1992 in the Former Yugoslavia, it was not subject to criminal
prosecution until very recently. Rapes are considered Grave Breaches
of the Geneva Convention recognized under Article 2(b) of the Statute of
the International Criminal Tribunal of the Former Yugoslavia (ICTY).1
Rapes also constitute Crimes Against Humanity recognized under Article
5(g) of the ICTY.2
This Note explores the forms of sexual violence that occurred in the
Former Yugoslavia and the consequences of these types of violence. It
examines the objectives of the sexual violence and the aftermath that these
women must endure. Next, it discusses the international recognition of
these actions through recent indictments and cases before the ICTY
1 See International Criminal Tribunal of the Former Yugoslavia, S.C. Res. 827,
U.N. S.Cor, 48th Sess., 3217 mtg. (U.N. Doc. S/Res/827 (1993 Annex Art. 2(b)), also
available at http://www.un.org/icty/ind-e.htm (last modified Apr. 15, 2002) [hereinafter
ICTY Statute].
2 See id. (Art. 5(g)).

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