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NEWS
3 Bosnian Serbs
Are Convicted in Wartime Rapes.
February 23, 2001 By MARLISE SIMONS. THE
HAGUE
In its first trial dealing
exclusively with sexual violence, the United Nations war crimes tribunal
today found three former Bosnian Serb soldiers guilty of raping and
torturing Muslim women and girls. It also convicted two of the three men
of enslaving their captives, the first time that an international tribunal
has prosecuted and condemned sexual slavery.
Dragoljub Kunarac, 40, a former commander
of the Bosnian Serb army, was sentenced to 28 years imprisonment. Radomir
Kovac, 39, a former paramilitary commander, was sentenced to 20 years.
Both men were accused of multiple rapes, torture and enslavement. Zoran
Vukovic, 39, also a former paramilitary commander, was given 12 years for
rape and torture.
The verdict, read by Judge Florence Mumba
of Zambia, also defined rape for the first time as a crime against
humanity, one of the most heinous crimes. The tribunal has previously
tried cases involving rape, but defined the rape as torture.
After World War II, only slave labor was prosecuted as slavery; the
Japanese military's use of "comfort women" as sex slaves never
came before an international tribunal.
As Judge Mumba's words rang through the
court, the three men sat stone-faced.
The charges stem from events in 1992 and 1993, during the early part of
the Bosnian conflict, after Bosnian Serb forces seized the town of Foca,
southeast of Sarajevo. The court said that the two convicted of slavery
had kept their captives, some as young as 12, for up to eight months,
abusing them sexually, forcing them to do domestic work for their captors,
and renting and selling them to other soldiers.
As she described the enslavement of four young Muslim girls by one of the
accused, Mr. Kovac, Judge Mumba said the girls were handed over or sold to
other soldiers, beaten, poorly housed and fed, and "had to obey every
order and do whatever they were told to do, including the cooking and
household chores."
In her summary, Judge Mumba frequently berated the accused first as a
group, then individually.
To Mr. Kunarac, who was accused of rape and of providing the men of his
unit with women, she said: "You were a soldier with courage in the
field, somebody whom your men undisputedly are said to have held in high
esteem. Your active participation in this nightmarish scheme of sexual
exploitation is therefore even more repugnant."
She added, "In time of peace as much as in time of war, men of
substance do not abuse women."
The judgment makes clear that slavery
means not only slave labor but that it can also be sexual slavery,"
said Peggy Kuo, one of the prosecutors and a lawyer from the Justice
Department in the United States. "We are pleased with the court's
decision because the sentences showed that the court took the crimes very
seriously."
Representatives of women's groups, which have played an important role in
pressing the tribunal to prosecute war crimes, were elated.
"I'm so glad, we've been waiting so
long for such clear language and convictions," said Gabriela
Mischkowski, a founder of Medica Mondiale, a German-based support group
for women who have suffered trauma in war.
"It's clearly a milestone in the
recognition of wartime violence against women," said Kelly Askin,
author of the book "War Crimes Against Women."
Legal scholars said that the judgment is
likely to set new standards for trials at this tribunal and elsewhere.
They said it will almost certainly influence rules for the new, permanent
international criminal court and possibly national legal systems as well,
as did decisions of the Nuremberg trials after World War II.
Military officers who deal with codes governing the conduct of war are
certain to be informed of this decision, lawyers said.
Women's groups have argued that male
historians have tended to describe mass rape, along with pillage, as an
inevitable aspect of war. It was the pressure of women's groups that drew
attention to the abuse of women in wartime Bosnia.
Activists from Europe and the United
States also lobbied experts preparing the Yugoslav war crimes tribunal in
Geneva, ensuring that rape would be prosecuted as part of war crimes.
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