ABSTRACT
This chapter analyzes how wartime identities come into being in the jurisprudence. It analysis wartime sexual violence, as it scrutinises the key legal achievements accomplished by the International Criminal Tribunal for the former Yugoslavia (ICTY) in this area of the law. The chapter examines the key dynamics of the Yugoslav war in order to convey a stronger sense of the nature of gender-based violence endured by women and the circumstances of extreme precariousness within which the sexual violence took place. It overviews respective case law, interjected with some brief historical background of the events and patterns of wartime sexual violence that have defined the Yugoslav conflict in the popular imagination. The chapter draws on feminist observations, which constitute an integral part of the discourse. It highlights wartime sexual violence as a fusion of issues cutting across human rights, gender, ethnicity and culture and contends that governance feminism has failed to interrogate the ontological essence of the Yugoslav conflict.
