<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Despite that they are tacitly accepted by many as an inevitable part of armed conflict, most of the international community condemns wartime rape and aims to prevent it. Although its preventive mechanisms were already developed nationally and internationally, wartime rape was perpetrated in the war in Bosnia and Herzegovina (1992–1995), and is perpetrated in the war in Ukraine. This comparative study identifies patterns of wartime rapes in these two wars, as well as the analysis of the positive criminal codes of these two countries and the legal practice attendant thereto, in order to establish how they were regulated and what the criminal politics towards them is. Particularities of the experience with trialling wartime rapes in Bosnia and Herzegovina will be presented. These are presented as lessons Ukraine can benefit from, to fight against them, prevent them, and achieve justice most efficiently.</p>
</abstract>

Despite that they are tacitly accepted by many as an inevitable part of armed conflict, most of the international community condemns wartime rape and aims to prevent it. Although its preventive mechanisms were already developed nationally and internationally, wartime rape was perpetrated in the war in Bosnia and Herzegovina (1992–1995), and is perpetrated in the war in Ukraine. This comparative study identifies patterns of wartime rapes in these two wars, as well as the analysis of the positive criminal codes of these two countries and the legal practice attendant thereto, in order to establish how they were regulated and what the criminal politics towards them is. Particularities of the experience with trialling wartime rapes in Bosnia and Herzegovina will be presented. These are presented as lessons Ukraine can benefit from, to fight against them, prevent them, and achieve justice most efficiently.

A Comparative Study of Wartime Rapes: The Experience of Bosnia and Herzegovina and Ukraine

Associate Professor, Dr. Kharkiv National University of Internal Affairs

Associate Professor, Dr. International University of Sarajevo

Associate Professor, Dr. Lviv State University of Internal Affairs

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Despite that they are tacitly accepted by many as an inevitable part of armed conflict, most of the international community condemns wartime rape and aims to...

A Comparative Study of Wartime Rapes: The Experience of Bosnia and Herzegovina and Ukraine

Published Online: Jun 26, 2024

Page range: 136 - 162

Received: Dec 27, 2023

Accepted: Apr 04, 2024

DOI: https://doi.org/10.2478/bjlp-2024-0007

Keywords
Wartime Rapes, Conflict-Related Sexual Violence, Criminal Law, War Crimes, Bosnia and Herzegovina, Ukraine

© 2024 Serhii Ablamskyi et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

A Comparative Study of Wartime Rapes: The Experience of Bosnia and Herzegovina and Ukraine

Published Online: Jun 26, 2024

Page range: 136 - 162

Received: Dec 27, 2023

Accepted: Apr 04, 2024

DOI: https://doi.org/10.2478/bjlp-2024-0007

KeywordsWartime Rapes, Conflict-Related Sexual Violence, Criminal Law, War Crimes, Bosnia and Herzegovina, Ukraine

© 2024 Serhii Ablamskyi et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Wartime Rapes, Conflict-Related Sexual Violence, Criminal Law, War Crimes, Bosnia and Herzegovina, Ukraine