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This thesis seeks to contribute to the understanding of conflict intervention in protracted violent conflicts by studying the activities of civil society actors in regard to the conflicts in what was Yugoslavia until 1991. A very broad understanding of ‘intervention’ is used for this purpose that includes all kinds of activities that relate to the conflicts. Based on a survey of activities in the period between 1990 and 2002, a framework for categorising and describing these interventions is applied according to basic functions in four ‘grand strategies’ of ‘peace-making’, ‘peace-keeping’, ‘peacebuilding’, and ‘information, support, protest and advocacy’, with a total list of about 230 instruments of conflict intervention identified. The study concludes that civil society actors played three different basic roles: They complemented the work of state actors, they were the avant-garde for approaches, strategies and methods that later became ‘mainstream’ in conflict intervention, and in some cases, they were able to control or correct actions by governments through advocacy or direct action. The development of instruments of civil conflict transformation received a massive boost through this engagement in the 1990s. The study supports the position taken recently by some researchers making comparative studies of cases of conflict intervention regarding the limited role played by dialogue and reconciliation work in regard to dealing with the overall conflicts: In spite of ‘reconciliation’ and inter-ethnic cooperation being at the core of the vast majority of all projects and programmes undertaken in the area, indicators of real impact regarding an overall positive change in society and prevention of future violence seem to be rather weak. The study further observes that there was a social movement developed relating to former Yugoslavia in many Western countries that in a hitherto unknown way combined traditional methods of protest and advocacy with concrete work in the field.

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This thesis is a qualitative analysis of the international legal response to rape as war crime in the former Yugoslavia. Through the examination of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the case law it has generated, this thesis addresses the question will the androcentric characteristics of law found in domestic rape cases be replicated at the international level? More specifically this thesis undertakes an examination which questions will international law be able to adequately amplify and listen to women voices, or will the women’s words be silenced by the rule of law? The following research is loosely informed by Carol Smart’s (1989) sociology of law theory combined with Liz Kelly’s (1988) notions of coping, resisting, and surviving. The purpose of using Kelly’s theory is to go beyond viewing women as inevitable victims of sexual assault. The methodological approach is both qualitative and inductive. It draws on data from the ICTY structure, Statute, Rules of Procedures and Evidence, case law and transcripts and women’s stories presented outside the legal realm. The analysis reveals that while written law (including the interpretation and application of the law) is somewhat aware of the experiences of women, it falls short of adequately responding to the needs of women. A detailed look at the women’s stories of war revealed diverse experiences not captured in the legal realm. The women’s stories spoke of concerns beyond sexual assault and other crimes identified by the ICTY Statute. This thesis also introduces alternatives or complimentary approaches to law when dealing with war crimes. These alternatives include women’s local groups and truth commissions. This thesis also identifies the criminological relevance of studying war crimes (as defined by international law) and crimes of war and marks an important step in understanding rape and war from a criminological perspective. / February 2005

This thesis is a qualitative analysis of the international legal response to rape as war crime in the former Yugoslavia. Through the examination of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the case law it has generated, this thesis addresses the question will the androcentric characteristics of law found in domestic rape cases be replicated at the international level? More specifically this thesis undertakes an examination which questions will international law be able to adequately amplify and listen to women voices, or will the women’s words be silenced by the rule of law? The following research is loosely informed by Carol Smart’s (1989) sociology of law theory combined with Liz Kelly’s (1988) notions of coping, resisting, and surviving. The purpose of using Kelly’s theory is to go beyond viewing women as inevitable victims of sexual assault. The methodological approach is both qualitative and inductive. It draws on data from the ICTY structure, Statute, Rules of Procedures and Evidence, case law and transcripts and women’s stories presented outside the legal realm. The analysis reveals that while written law (including the interpretation and application of the law) is somewhat aware of the experiences of women, it falls short of adequately responding to the needs of women. A detailed look at the women’s stories of war revealed diverse experiences not captured in the legal realm. The women’s stories spoke of concerns beyond sexual assault and other crimes identified by the ICTY Statute. This thesis also introduces alternatives or complimentary approaches to law when dealing with war crimes. These alternatives include women’s local groups and truth commissions. This thesis also identifies the criminological relevance of studying war crimes (as defined by international law) and crimes of war and marks an important step in understanding rape and war from a criminological perspective.

This thesis is a qualitative analysis of the international legal response to rape as war crime in the former Yugoslavia. Through the examination of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the case law it has generated, this thesis addresses the question will the androcentric characteristics of law found in domestic rape cases be replicated at the international level? More specifically this thesis undertakes an examination which questions will international law be able to adequately amplify and listen to women voices, or will the women’s words be silenced by the rule of law? The following research is loosely informed by Carol Smart’s (1989) sociology of law theory combined with Liz Kelly’s (1988) notions of coping, resisting, and surviving. The purpose of using Kelly’s theory is to go beyond viewing women as inevitable victims of sexual assault. The methodological approach is both qualitative and inductive. It draws on data from the ICTY structure, Statute, Rules of Procedures and Evidence, case law and transcripts and women’s stories presented outside the legal realm. The analysis reveals that while written law (including the interpretation and application of the law) is somewhat aware of the experiences of women, it falls short of adequately responding to the needs of women. A detailed look at the women’s stories of war revealed diverse experiences not captured in the legal realm. The women’s stories spoke of concerns beyond sexual assault and other crimes identified by the ICTY Statute. This thesis also introduces alternatives or complimentary approaches to law when dealing with war crimes. These alternatives include women’s local groups and truth commissions. This thesis also identifies the criminological relevance of studying war crimes (as defined by international law) and crimes of war and marks an important step in understanding rape and war from a criminological perspective.

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,...

The aim of this study is to investigate how the UN has acted in preventive measures regarding the genocide in Srebrenica. However, the UN contributions in conflict has not always been successful nor effective regarding the prevention of crimes against humanity. Nonetheless, the conflict in former Yugoslavia and the genocide in Srebrenica constitutes a prime example of when UN failed in its role as upholder of human rights, peace and stability. The intriguing part in the case of Srebrenica was the international presence of UN peacekeepers that were situated in the village when the crimes took place. The substantial core of this study is therefor to determine why the UN failed so massively in protecting civilians in Srebrenica by preventing a genocide. Further, to examine the whys and hows, it is of considerable importance to clarify the structure of relevant UN-organs and conventions that holds authority in interventions. Therefor, the study mainly issues the UN Security Council, the UN Charter and the Genocide Convention regarding the structure and capacity in preventive measures. As for the empirical material covered, it is mainly retrieved from official documents and academic literature. The material presented is thereby analyzed in accordance with the theoretical framework to understand why the UN failed to prevent genocide from occurring in Srebrenica. The study draws the conclusion that the UN lacked extensive assessments regarding needed actions and misjudged the nature of the conflict.