LL.M. (International Law) / Please refer to full text to view abstract.

Gender-based violence (GBV) has been used as a tool of instilling fear, hatred and persecution during conflict situations. It is a fact that GBV takes place pre-conflict situations. Moreover, conflicts and wars only accelerate the rate at which GBV is committed. In the 1990s and early 2000s, there was conflict in the Former Yugoslavia, Rwanda and Sierra Leone. These conflicts went down in history as conflicts where horrendous crimes were committed. As a result of the atrocities committed and the magnitude of victims, the international community with the assistance of the United Nations formed the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone. These international tribunals were given the task of prosecuting the perpetrators of these crimes. Prior to the formation of these tribunals, the international community had experienced other wars whereby international tribunals were also formed to deal with the atrocities committed. However, this research only aims at comparatively analysing the ICTY, TCTR and the SCSL because these new tribunals were the first in experiencing the development of the prosecution of GBV. The former international tribunals did not effectively deal with gendered crimes therefore there was no precedent set in international law regarding the prosecutions of these crimes. The conflicts that occurred in the Former Yugoslavia, Rwanda and Sierra Leone also saw the introduction of more brutal forms of GBV. These forms of GBV that developed forced the tribunals to change the way they prosecuted gender-based crimes because the nature and the magnitude at which the crimes were committed was massive. Forms of GBV that were earlier recognised such as rape and sexual violence were now being used as a means through which the perpetrators committed war crimes, crimes against humanity and genocide. The comparative analysis between the ICTR, the ICTY and the SCSL also aims at showing how the different challenges and hurdles that these courts faced when prosecuting these crimes. The pitfalls that the tribunals experienced at the pre-trial phase are also investigated and critically analysed with the aim of drawing lessons about mistakes that should not be repeated in newer international tribunals. A comparative analysis will also be done on the different precedents that were set by the cases that were heard in these tribunals with the aim of showing how these tribunals have indeed contributed to the development of the prosecution of these types of crimes. Finally, recommendations will be made regarding how future international tribunals better deal with these crimes. The research paper also aims at creating awareness that these types of crimes must be treated differently and with caution because the effects that the victims suffer from last way after the conflicts and trials are over. Lessons must be carried from past prosecutions in order to correct and better improve the way in which the prosecutions are carried out and also the way in which the different victims are treated even after the prosecutions have been completed. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

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no / The 1992-1995 war in Bosnia and Hercegovina (BiH) was the most violent phase of the dissolution of former Socialist Federal Republic of Yugoslavia (SFRY), of which, for almost 50 years, BiH was one of six constituent republics. In the course of the war BiH¿s three main ethic groups- - Muslims, Bosnian Croats and Bosnian Serbs, with active involvement of neighbouring Croatia and Serbia, fought each other in pursuit of its own vision of BiH political and territorial (re) organization. The causes and the character of the war remain contentious, the main disagreement being over the issue of whether it was a war of aggression by BiH¿s neighbours or a civil war. Essentially, it contained the elements of both, which determined the way the war was fought, the multiplicity of actors involved, and complexity of agendas played out in the course of the conflict, its settlement and peace building process. The fighting was brought to end by an intense international military and diplomatic campaign, which pushed the worrying parties into compromise none of which considered just. The task of implementing complex terms of the peace agreement was put overwhelmingly in the hands of international actors, while local parties pursued the strategy of obstruction, trying to assert their own interpretation of the peace agreement that would accommodate some of their war aims.This paper looks at war veterans associations, as one particular type of non- state actors engaged in undermining peace settlement in the specific context of BiH war. Because of their position on the continuum between combatants and outside actor, and the nature of relationship with the political leadership negotiating the peace agreement, this case could provide different insights into the issue of spoiling in the types of contemporary conflicts characterised by multiplicity of both actors and agendas, and complex strategies needed to pacify them. The paper starts by brief analysis of the political and economic goals behind the 1992-1995 war, narrowing inquiry into Bosnian Croats self- rule as a political project and goal of the strategy of spoiling pursued by Bosnian Croat war veterans associations. It then reflects on the terms of the peace agreement, indicating some of the main areas the implementation of which was actively obstructed by this group. The analysis of the war veterans association deals with their origins and the position in the Bosnian Croat post- war power structures, the sources of their funding and their official and hidden agenda. The probe into spoiling tactics focuses on three important aspects of the peace agreement i.e. refugee return, war crimes prosecution and institution building, and is followed by a brief analysis on the impact of various strategies the international community as a custodian of peace has used to sustain its implementation.

When Yugoslavia was expelled from the Cominform in 1948, the Western Powers (Britain, the USA, France) were taking action to counter a perceived Soviet threat. This included the policy of liberating Eastern Europe from Communist domination. Tito's expulsion was misinterpreted by the Western Powers: assuming that Tito had initiated it, the Western Powers hoped for similar "defections" by other Communis regimes. The sowing of discord between the Satellite leaders (including Mao) and Stalin became a new facet of the Liberation policy. Yugoslavia was treated as show-case to demonstrate to Satellite leaders that they could obtain aid from the West if they ceased to support Stalin. In the case of the European Satellite leaders, this policy was a miscalculation: they had no intention of breaking with Stalin and the alternative of obtaining help from the Western Powers had little credibility in view of their anti-Communist propaganda and subversive secret operations. The Americans for other reasons failed to encourage existing emancipatory trends among the Chinese Communist leaders. British recognition of Mao's regime was not enough to draw Mao away from Stalin. Yugoslavia's other role was strategic and it gained particular importance for the West in the context of increased defensive measures after the outbreak of the Korean War. The Western Powers gave Yugoslavia arms and economic aid to strengthen her as a shield for the defence of NATO territory. Yet Yugoslavia was discouraged from committing herself to the West by Western reluctance to give away NATO information. Italo- Yugoslav defence co-ordination would have been necessary but was made impossible by disagreements about Trieste, also involving the Western Powers. The Trieste crisis of late 1953 set back Western-Yugoslav relations significantly, perhaps irretrievably. The ephemeral Balkan defence pact of 1954 between Yugoslavia, Greece and Turkey was no substitute, and with the waning of the Soviet threat for Yugoslavia after Stalin's death in 1953 Tito became less interested in defence-cooperation with the Western Powers.

Approved for public release; distribution is unlimited / This study focuses on the history of relations between the Serbs and Albanians in Kosovo during a relatively extensive period, starting with the demise of the Ottoman Empire to present. It examines the process of the division of Kosovo society along ethnic, cultural, and religious lines that eventually made the seizure of power possible by nationalistic conservatives. The study investigates both Serbian and Albanian nationalism and speculates on why nothing had been done by the elite to contain the conflict in the first place. It seeks to explore the origins of the modern conflict and identifies the decisive factors that influenced the development of contradicting positions of two peoples that eventually led to open hostilities in 1998-99. The thesis employs a descriptive approach and reviews contemporary scholarly literature dedicated to the subject. / Major, The Ministry of Ukraine of Emergencies and Affairs of Population Protection from Consequences of Chernobyl Catastrophe

The basic, universal movement of the running body has been repeated and made visible in aesthetic, scientific, and political debates. Such debates of the body may depend on live movements in real space-time, movements articulated by motion capture devices, or movements that exercise in imagination: a head of state who uses the running body to manipulate his political subject, for example, or a series of images taken from an optical motion capture system that simultaneously represents and dissects movement patterns of the body in its swiftest motions, or a sound art installation that voices the familiar dynamics of running steps and heavy breathing. In each instance, the bodily practice of running is extracted from its seemingly unmediated everyday, placed instead within aesthetic methodologies and technologies to scrutinize the movement and its complex of meanings. This action is meant to reveal that real experience-that nonfictional movement, as it were-of the body running, to see into the rhetorical, cultural productions of our public, bodily realities. I begin this inquiry by defining the term "running body" and examining the manner in which that body was scientifically observed and aesthetically codified in the late nineteenth and early twentieth centuries. Then, the running body is investigated in experimental choreography, visual arts, and political demonstrations in the 1960s and 1970s. Thirdly, I will address the use of the actual running body within contemporary art exhibitions, as either an intervention or interruption to accustomed meaning-making within traditional spaces for art. At the dissertation's end will be an exploration of the running body as a critical method for reorienting the narrative of contemporary history with image technologies, art installation devices, and the moving body. This study demonstrates that if, at the very base of our existence, our bodies move the world and, in turn, the world around us moves our body, this same reciprocity can hold true in shaping historical consciousness and self-consciousness.

This study explores the usage of the memory of the bombings of Belgrade from WWII in the time period of Yugoslavia from 1995 until 2003. Considering that Belgrade was bombed by two opposing forces during WWII, once by Nazis in 1941, and the second time by the Allies in 1944, and due to the fact that the exploitation of memory of the two bombings was rather unequal during the Socialist Yugoslavia with the latter bombings being a taboo theme, I was interested in answering following questions: how the two memories were used in the times before, during and after the NATO Air Strikes of Yugoslavia, if the memory of the Allied bombings emerged in the public sphere and how it coexists with the one of the Nazi bombings. My primary sources are articles from "Politika" newspaper issues from commemoration dates during the research time frame from 1995 until 2003. The final conclusion shows the dominant usage of the memory of the Nazi bombings throughout the whole time frame even though we could witness the emergence of the memory of the Allied bombings.

Univerzita Karlova v Praze Právnická fakulta David Hlaváček ROZVOJ MEZINÁRODNÍHO TRESTNÍHO PRÁVA V KONTEXTU VÁLKY V BÝVALÉ JUGOSLÁVII Diplomová práce Vedoucí diplomové práce: doc. PhDr. Stanislava Hýbnerová, CSc. Katedra mezinárodního práva Datum uzavření rukopisu: 21. ledna 2015 Summary of the Thesis: The introductory historical overview (chapter two) gives an insight into the merits of the military conflict in the former Yugoslavia and lists the most fundamental causes behind this scandalous period of modern European history. Next, in chapter three, the thesis focuses on the impacts of this ongoing war on the international communities and their reactions, as well as on the particular measures taken by the United Nations, the universal platform established for these purposes. The most significant of these measures is undoubtedly the establishing of the International Criminal Tribunal for the former Yugoslavia (ICTY), which prosecutes crimes against humanity, genocide, grave breaches of the Geneva Conventions and violations of the laws or customs of war. For the first time after forty years, the international criminal law had been applied. Before that, there was no institution entitled to enforce this law within the international criminal justice. In chapter four, the ICTY is characterized and described,...

This thesis deals with political developments in Croatia since the beginning of 1989 to the first multiparty elections in the spring of 1990. It analyzes the evolution of attitudes of Croatian communists to the Yugoslav crisis and activity of opposition groups during this period. The main emphasis is on the attitudes of Croatian ruling and alternative political elites against national and constitutional questions. Attention is paid to the development of so-called Serbian Question in Croatia. The thesis analyses the development of political pluralism in the territory of Croatia and the activities of the Croatian Democratic Union and Croatian Social Liberal Party. The thesis is based on a detailed analysis of the contemporary press and memoir and secondary literature. Keywords: Yugoslavia, Croatia, Communist Party, nationalism, election