This thesis examines how madness has been used in post-Yugoslav cinemas to facilitate thinking about experiences of the break-up of the SFRY throughout the 1990s and 2000s, its consequences and implications for the future. The study conceptualises post-Yugoslav film cultures as public spheres in which artistic and industrial practices are often combined to create meaning around the core themes of trauma and identity in post-Yugoslav cultures. Working with seven feature-length titles from a range of post-Yugoslav successor states (Croatia, Bosnia and Herzegovina, Serbia, Macedonia and Kosovo) I illustrate how images of madness have been essential in the cultural processing of events of the 1990s. Whilst featuring individuals suffering mental instabilities and disturbances, and sometimes asylums or mental health institutions, I contend such films are not ultimately concerned – on a thematic level – with mental health, but instead focus on the use of such characters in a metaphoric capacity for engaging core themes of Yugoslav break-up, conflicts, and difficulties of subsequent transition. Using the semantic/syntactic approach to genre, I identify two common ways in which madness is used on a textual level to engage these core themes. The first of these, the ‘inside-out asylum trope of madness’, is concerned with the use of the asylum in films which assess critically the dominant political ideologies of the successor states in question at a time when political pluralism was not yet established by the transition process. Films discussed include Burlesque Tragedy (Marković, 1995), Marshall Tito’s Spirit (Brešan, 1999), and Kukumi (Qosja, 2005). The second trope is the ‘multiple realities trope of madness’ in which the presentation of diegetic reality on screen is adapted to reflect various conceptualisations of trauma and loss arising from Yugoslav break-up and transition. Here the films include Loving Glances (Karanović, 2003), Fuse (Žalica, 2003), Mirage (Ristovski, 2004) and Land of Truth, Love and Freedom (Petrović, 2000). Across the films selected, it is madness which ultimately provides a diverse pool of metaphors and images for an assessment of Yugoslavia’s traumatic demise and the ensuing process of picking through the debris of its ideology, cultural practices, values and ways of living for precisely what might be salvageable and what should be discarded.

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.