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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?