Beyond the Silence of Victims of Gender-Based Violence in Conflict

Abstract

This thesis investigates the numerous contributions of the International Tribunal for the former Yugoslavia to the developments of international criminal law with regards to the investigation and prosecution of gender-based international crimes. Through an in-depth analysis of the ICTY Statute and Rules of Procedure and Evidence as well as the Tribunal's extensive case law, the author explores the efforts taken by the Tribunal to bring justice to the victims of gender-based violence in former Yugoslavia. She also engages in a comparative analysis of the law applicable by the Tribunal and that applicable by the International Criminal Court with the intent of highlighting the developments and contributions. The conclusion of this research demonstrates that the ICTY, together with the International Criminal Tribunal for Rwanda, was the first mechanism to address gender-based violence in a firm manner and develop clear rules for its prosecution. Its findings were applied by future international criminal mechanisms and formed a consistent part of the current international criminal law.