. In the early 1990s, calls were made for legal action to be taken over the possibility of genocide having occurred in Bosnia. The ICTY set the precedent that rape in warfare is a form of torture. By 2011, it had indicted
161 people from all ethnic backgrounds for war crimes, and heard evidence from over 4,000 witnesses. In 1993, the ICTY defined rape as a crime against humanity, and also defined rape,
sexual slavery, and sexual violence as international crimes which constitute torture and genocide. Judges from the ICTY ruled during the trial of Dragoljub Kunarac,
Radomir Kovač and
Milorad Krnojelac that rape had been used by the Bosnian Serb armed forces as an "instrument of terror". Kunarac was sentenced to 28 years' imprisonment for rape, torture and enslaving women. Kovač, who had raped a 12-year-old child and then sold her into slavery, was sentenced to 20 years imprisonment and Krnojelac to 15 years. The ICTY declared that a "hellish orgy of persecution" had occurred in various camps across Bosnia. In 1997,
Radovan Karadžić was sued by Bosniak and Croat women in an American court for genocidal rape. He was found liable. The plaintiffs were found to be victims of genocidal rape, and awarded 745 million dollars in damages. On 26 June 1996, the ICTY indicted Dragan Zelenović on seven counts of rape and torture as crimes against humanity, and seven counts of rape and torture as violations of the customs and laws of war. Zelenović initially plead not guilty, but during a hearing on 17 December 2007, the trial chamber accepted a guilty plea on three counts of torture and four counts of rape as crimes against humanity. Zelenović had taken part in the sexual assaults of women at various camps, including the gang rape of a 15-year-old girl and an adult woman. He was given a 15-year sentence for crimes against humanity, which he appealed. The appeal chamber upheld the original sentence. On 10 March 1997, in what is best known as the Čelebići case,
Hazim Delić, Zejnil Delalić, Zdravko Mucić and Esad Landžo were put on trial. They were charged under article 7(1) and article 7(3) of the ICT statutes for violating international humanitarian laws. The offenses occurred in the Bosniak- and Croat-controlled Čelebići prison camp. Delić was found guilty of using rape as torture, which was a breach of the
Fourth Geneva Convention and that he had violated the laws and customs of war. The trial chamber also found that Mucić was guilty of crimes carried out while he was commander of the camp, under the principle of
command responsibility, these included gender related atrocities. in April 1993. (Photograph provided courtesy of the ICTY) On 22 June 1998,
Anto Furundžija, who had been apprehended on 18 December 1997 by Dutch forces who were operating with NATO, was put on trial in what was one of the shortest trials heard by the ICTY. This was the first case heard by the ICTY which dealt exclusively with charges for rape. Furundžija was a Bosnian Croat and local commander of the militia known as
The Jokers, who took part in the
Lašva Valley ethnic cleansing and who were under the command of the
Croatian Defence Council. Furundžija was indicted for individual criminal responsibility, which included "committing, planning, instigating, ordering or otherwise aiding and abetting in the planning, preparation or execution of any crimes referred to in articles two and three of the tribunal statute." A single witness, who had been assaulted by Furundžija while he interrogated her, gave the majority of testimony during this trial. She was beaten, and another soldier forced her to have oral and vaginal sex while Furundžija was present. Furundžija did not act to prevent the assault, even though he was in a position of command. His defense counsel argued that the witness was suffering from
post traumatic stress disorder and had misidentified the accused. The trial chamber gave Furundžija two sentences of 10 and 8 years to run concurrently having found him guilty under article three, in that he had violated "the laws or customs of war for torture and for outrages upon personal dignity, including rape." In May 2009,
Jadranko Prlić, who had been prime minister of the self-proclaimed Bosnian Croat wartime state of
Herzeg-Bosnia, was convicted of murder, rape and expulsion of Bosniaks. He was sentenced to 25 years imprisonment. According to
Margot Wallström, U.N. Special Representative on Sexual Violence in Conflict, only 12 cases out of an estimated 50,000 to 60,000 have been prosecuted as of 2010. By April 2011 the ICTY had indicted 93 men, of these 44 were indicted for crimes related to sexual violence. On 9 March 2005, the War Crimes Chamber of the
Court of Bosnia and Herzegovina, was officially inaugurated. At first this was a hybrid court of international and national judges, by 2009 all judicial actions were handed over to the domestic authorities. Radovan Stanković was a member of an elite paramilitary unit from Vukovar which was commanded by
Pero Elez. Following the death of Elez, Stanković took command of Karaman's house, which he ran as a brothel. On 14 November 2006, the domestic court in Sarajevo tried Stanković and he was given a 16-year sentence for forcing women into prostitution. On 26 May 2007, while being transported to hospital Stankovic escaped from custody. Neđo Samardžić was given a sentence of 13 years and 4 months after he was found guilty of crimes against humanity. He had been indicted on ten counts, four of which he was found guilty of. These included multiple rape, beatings, murder, and forcing women to be sexual slaves. Samardžić was also found guilty of having committed atrocities at Karaman's house. Samardžić appealed and was given 24 years' imprisonment having been found guilty on nine of the ten indictments. Gojko Janković surrendered himself to the authorities in Bosnia in 2005. He was transferred to The Hague for trial but the ICTY sent him back to Bosnia to be tried before the domestic court. He was indicted for the rights violations of, aiding and abetting and issuing orders during an attack on the non-Serbian population which resulted in the killing, and sexual abuse of, non-Serbians, the majority of whom were Bosniak women and girls. He was given a sentence of 34 years' imprisonment having been found guilty. Dragan Damjanović (24 years in prison) was convicted of war crimes including murder, torture and rape.
Momir Savić was given 18 years' imprisonment in July 2009 for crimes he had carried out while a commander of the Serbian armies "Višegrad Brigade". He was convicted for the repeated rape of a Bosniak woman, arson, looting and carrying out executions. On 12 January 2009,
Željko Lelek was given 13 years' imprisonment for crimes against humanity, which included rape. Lelek, who was a police officer at the time, was convicted for actions he carried out during the
Višegrad massacres.
Miodrag Nikačević, a police officer from Foča, was indicted by the domestic court in 2007 for crimes against humanity carried out in 1992. The indictment against him was for two counts of rape. In April 1992, Nikačević, who was in uniform and armed, forcibly robbed and raped one woman. The second charge was for the abuse of and rape of another woman in July 1992 in Foča. During the trial, the defense produced ten witnesses who claimed that Nikačević had not taken part in any war crimes, and had at times risked his own safety to help others. He was found guilty on 19 February 2009 and sentenced to 8 years' imprisonment for the rapes of both women, and for aiding and abetting in the abduction and illegal detention of a Bosniak civilian, who was later killed at an undisclosed location. Milorad Krnojelac, Janko Janjić, Dragan Gagović and others were indicted in 1992 for human rights violations committed during the ethnic cleansing of Foča. The indictment included a charge of rape.
Ante Kovač, who was a commander of the military police in the Croat Defence Council, was indicted on 25 March 2008 on war crimes carried out against Bosniaks in the municipality of Vitez in 1993. The charges included allegations of rapes carried out at detention camps in the region. Kovač was cleared on one count of rape but found guilty on another. He was sentenced to 9 years' imprisonment.
Veselin Vlahović, also known as "Batko" or the "Monster of Grbavica", was sentenced to 45 years' imprisonment in March 2013, having been found guilty on more than sixty counts, including the murder, rape and torture of Bosniak and Croat civilians during the
Siege of Sarajevo. Vlahović's sentence was the longest handed down, slightly longer than that of
Sanko Kojić, who—earlier in 2013—had been sentenced to 43 years' imprisonment for his role in the Srebrenica massacre. == In popular culture ==