Janine Natalya Clark - Rape, Sexual Violence and Transitional Justice Challenges: Lessons from Bosnia Herzegovina

It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 19921995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the longterm consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of legacy and has a wider application beyond BiH.

Janine Natalya Clark is a Reader in Gender, International Criminal Law and Transitional Justice at the University of Birmingham, UK.

Transitional Justice

Series Editor: Kieran McEvoy

Queens University Belfast

The study of justice in transition has emerged as one of the most diverse and intellectually exciting developments in the social sciences. From its origins in human rights activism and comparative political science, the fi eld is increasingly characterised by its geographic and disciplinary breadth. This series aims to publish the most innovative scholarship from a range of disciplines working on transitional justice related topics, including law, sociology, criminology, psychology, anthropology, political science, development studies and international relations.

Titles in this series:

After Violence

Transitional Justice, Peace and Democracy

Elin Skaar, Camila Gianella Malca and Trine Eide (2015)

Transitional Justice and Reconciliation

Lessons from the Balkans

Edited by Martina Fischer and Olivera Simic (2016)

Transitional Justice in Latin America

The Uneven Road from Impunity towards Accountability

Elin Skaar, Jemima Garcia-Godos and Cath Collins (2016)

Violence, Law and the Impossibility of Transitional Justice

Catherine Turner (2017)

Resistance and Transitional Justice

Edited by Briony Jones and Julie Bernath (2017)

Amnesties, Pardons and Transitional Justice

Spains Pact of Forgetting

Roldn Jimeno (2017)

Transitional Justice and the Politics of Inscription

Memory, Space and Narrative in Northern Ireland

Joseph Robinson (2018)

The Reparative Effects of Human Rights Trials

Lessons from Argentina

Rosario Figari Layus (2018)

Rape, Sexual Violence and Transitional Justice Challenges

Lessons from Bosnia-Herzegovina

Janine Natalya Clark (2018)

Lessons from Bosnia-Herzegovina

Janine Natalya Clark

First published 2018

by Routledge

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2018 Janine Natalya Clark

The right of Janine Natalya Clark to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

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ISBN: 978-1-138-74898-9 (hbk)

ISBN: 978-1-315-18018-2 (ebk)

Typeset in Galliard

by Out of House Publishing

In loving memory of Professor Mike Foley

The research underpinning this book was made possible as a result of a Leverhulme Research Fellowship. I would like to thank the Leverhulme Trust for supporting my work (for a second time) and for giving me the opportunity to spend an extended period of time in the field.

Conducting the research for this book was immensely challenging, on a number of levels, and at times the pace of progress was extremely slow. Yet, the whole process was also an incredible journey and one that I would never have completed without the extensive help and support that I received along the way. First and foremost, I would like to thank the 79 male and female survivors of war rape and sexual violence who participated in this research and who gave up their time to speak to me. They demonstrated not only great courage, but also sincere warmth and generosity. Working with them was a truly humbling experience. Despite the fact that some of them had already told their stories on previous occasions, they were nevertheless able to see the value of this research project. I hope that I have done justice to their stories and experiences. My special thanks go to L and her family, who welcomed me into their home and shared with me their everyday lives.

A number of non-governmental organizations (NGOs) fundamentally facilitated this research and to them I extend my heartfelt gratitude. I would especially like to thank Dr Branka Anti-tauber, the head of Snaga ene in Tuzla, and her wonderful team. While some NGOs were sceptical of my research and questioned my motives, Branka believed in me and the project from the outset and did everything that she could to help me. She made me feel part of Snaga ene and provided me with numerous opportunities to meet survivors and to travel with her and her team. My time in the field would undoubtedly have been very different and far less fulfilling without this collaboration. Branka and her family also made me very welcome in their home and I spent many happy weekends with them.

I would additionally like to thank Sabiha Husi, the head of Medica Zenica, who took time out of her extremely busy schedule to speak to me and to listen to my ideas. Thank you also to Irma iljak from Medica Zenica.

During several visits to Zagreb, I had lengthy conversations with Marijana Senjak, one of the founders of Medica Zenica and a superb psychologist-psychotherapist with years of experience of working with survivors of war rape and sexual violence in both Bosnia-Herzegovina (BiH) and Croatia. I learnt so much from talking to Marijana and her sense of humour always lifted me. My discussions with Teufika Ibrahimefendi and Mira Vilui, psychologists at the Tuzlabased NGOs