Applying International Experiences in National Prosecutions of Conflict-related Sexual Violence

Abstract

This article explores the synergies between international and national experiences in prosecutions of conflict-related sexual violence (CRSV) through a case study of the application of international case law, findings, and practices in national judicial proceedings in Bosnia and Herzegovina (BiH). The article analyses how the Court of BiH applies the substantive and procedural case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) in CRSV cases and examines how this case law impacts national efforts to provide justice and accountability for CRSV. Specifically, this article explores the Court's practices concerning application of the ICTY jurisprudence, adjudicated facts and procedural standards in CRSV cases. The article shows how relationships between international and national practices are important for building more effective prosecutions of CRSV.