The Un’s Committee Against Torture Verdict Against Bosnia: A Landmark Decision In The Context Of Sexual Violence In Armed Conflicts

This paper aims to analyze the decision of the UN’s Committee Against Torture, from August 2019, that found Bosnia guilty of sexual violence that occured during the Yugoslav war. Considering that sexual crimes in armed conflicts are predominantly an instrument of war, instead of a consequence, this...

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Bibliographic Details
Author: Lima, Melina Moreira Campos
Format: article
Status:Published version
Publication Date:2022
Country:Brasil
Institution:Universidade Regional do Noroeste do Estado do Rio Grande do Sul (UNIJUI)
Repository:Direito em Debate (Online)
Language:Portuguese
OAI Identifier:oai:ojs.revistas.unijui.edu.br:article/10193
Online Access:https://www.revistas.unijui.edu.br/index.php/revistadireitoemdebate/article/view/10193
Access Level:Open access
Keyword:Violência sexual;
Comitê contra a tortura
Conflitos Armados
Direito internacional
Sexual violence
Armed conflicts
Committee Against Torture
International Law
Description
Summary:This paper aims to analyze the decision of the UN’s Committee Against Torture, from August 2019, that found Bosnia guilty of sexual violence that occured during the Yugoslav war. Considering that sexual crimes in armed conflicts are predominantly an instrument of war, instead of a consequence, this paper firstly analyzes the evolution of international legislation and precedents on the subject, using a descriptive method. Secondly, it considers the Committee’s decision, which includes the case summary, competence discussions and the impacts of the decision on the development of the sexual violence subject in international law. This second part is based on a qualitative method. Among the conclusions, the Committee’s decision appears as a historical and legal milestone when it comes to sexual violence in armed conflicts, revealing not only a new permanent institution to judge similar cases, but also condemning the State and providing a more effective way to repair the damage caused to the victims, compared with the other international courts.

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