Sexual Slavery - Crime Against Humanity

Crime Against Humanity

The Rome Statute Explanatory Memorandum, which defines the jurisdiction of the International Criminal Court, recognizes rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, "or any other form of sexual violence of comparable gravity" as crime against humanity if the action is part of a widespread or systematic practice. Sexual slavery was first recognized as a crime against humanity when the International Criminal Tribunal for the former Yugoslavia issued arrest warrants based on the Geneva Conventions and Violations of the Laws or Customs of War. Specifically, it was recognised that Muslim women in Foča (southeastern Bosnia and Herzegovina) were subjected to systematic and widespread gang rape, torture and sexual enslavement by Bosnian Serb soldiers, policemen, and members of paramilitary groups after the takeover of the city in April 1992. The indictment was of major legal significance and was the first time that sexual assaults were investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity. The indictment was confirmed by a 2001 verdict by the International Criminal Tribunal for the former Yugoslavia that rape and sexual enslavement are crimes against humanity. This ruling challenged the widespread acceptance of rape and sexual enslavement of women as intrinsic part of war. The International Criminal Tribunal for the former Yugoslavia found three Bosnian Serb men guilty of rape of Bosniac (Bosnian Muslim) women and girls – some as young as 12 and 15 years of age – in Foča, eastern Bosnia and Herzegovina. The charges were brought as crimes against humanity and war crimes. Furthermore two of the men were found guilty of the crime against humanity of sexual enslavement for holding women and girls captive in a number of de facto detention centers. Many of the women had subsequently disappeared.