Time for Justice: The Case for International Prosecutions of Rape and Gender-Based Violence in the Former Yugoslavia

Copyright © 1994, BERKELEY WoMEN's LAw JOURNAL. t Kathleen Pratt, J.D., University of Wisconsin Law School (1989); Associate, Heller, Ehrman, White & McAuliffe (1989-94); Executive Committee, International Human Rights Section, Bar Association of San Francisco; Pro Bono Counsel, International Human Rights Law Group. t Laurel Fletcher, J.D., Harvard Law School (1990); Clerk to the Hon. Charles A. Legge, (199091); Associate, Heller, Ehrman, White & McAuliffe; Pro Bono Counsel, International Human Rights Law Group. 'In 1993, the authors initiated and participated in a delegation to the former Yugoslavia focused on rape and gender-based violence, which was sponsored by the International Human Rights Law Group and endorsed by the Bar Association of San Francisco. The delegation conducted trainings in human rights fact-finding methodology and assessed the needs of local women's and human rights groups working with survivors of rape and gender-based violence. The delegation's report is titled: No JUSTICE, No PEACE: ACCOUNTABILITY FOR RAPE AND GENDER-BASED VIOLENCE IN THE FoRMER YuGosLAviA (1993) [hereinafter No JusIcE, No PEACE]. This Article draws from two manuscripts: No JUSICE, No PEACE, and Kathleen Pratt & Laurel Fletcher, Working Memorandum Re Rape and Gender-Based Violence in the Former Yugoslavia (1993) (on file with authors). The authors are indebted to the following, whose guidance, comments and assistance made this work possible: Abigail Abrash, Larry K. Bill, Reed Brody, JuLee Burdekin, Linda P. Drucker, Marie L. Fiala, Robert K. Goldman, Laura B. Gowen, Karen D. Kadushin, Matthew L. Larrabee, Ingrid S. Leverett, Anica Vesel Mander, Patrick W. Merloc, Craig Mieritz, Alice Miller, Karen Musalo, Frank Newman, Diane F. Orentlicher, Jordan J. Paust, Linda Pettigrew, Jessica S. Pers, Naomi Roht-Arriaza, Drucilla Stender Ramey, Jeff Selbin, Donna J. Sullivan, Shana Swiss, Mary A. Yarbrough, Katie Zoglin, and the authors' law firm, and Heller, Ehrman, White & McAuliffe. The authors emphasize that the contents of this Article, and the views expressed herein, are their responsibility alone. 2 4 Trials of War Criminals Before the Nuemberg Military Tribunals Under Control Council Law No. 10 (U.S. v. Ohlendorf) (1949) 499-500.