Brown Undergraduate Law Review -- Vol. 2, No. 1 (Fall 2020)

The Kosovo War: Wartime Sexual Violence Jurisprudence and State Action Toward Recovery
advocating for continued domestic support of survivors. woman. 41 Survivors of sexual violence in Kosovo today
These measures were aimed at addressing the cyclical, can also receive support through organizations that provide
generational trauma inflicted upon victims of sexual medical services and professional counseling, such as the
violence.
Kosova Rehabilitation Centre for Torture Victims.
According to the aforementioned Amnesty International
Initiatives and civil society networks with similar goals
report, these services enable survivors ?to recount their
have also emerged around the world in the last several
trauma and help them face challenges, including the lack
decades. The drive to end weaponized rape extends beyond
of appropriate and free health care; no employment or
Kosovo. For example, the Global Network of Victims and
means to sustain themselves, and the stigma that prevents
Survivors to End Wartime Sexual Violence (SEMA)
some from even talking to their closest family about their
includes members from more than 20 countries (including
experience.?
Kosovo) and works to promote care and justice for
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survivors of more than 90 years of conflict. 39 SEMA works Despite these benefits, the reparations program for
in tandem with the Dr. Denis Mukwege Foundation, an survivors of sexual violence is still in its infancy and is
organization that promotes best practices for holistic flawed. In addition, of concern for survivors and
treatment of wartime sexual violence and whose non-governmental organizations alike is the verification
eponymous founder is a Congolese gynecologist and process to ensure that those who seek support are indeed
Nobel Peace laureate. This international approach to survivors. The government?s discourse surrounding this
healing and network-formation broadens Kosovo?s impact process is also troubling. Assembly members initially
and seeks to establish global norms against wartime sexual voted against the amendment that would provide support
violence.
to victims, ?arguing that the inclusion of survivors of
sexual violence would burden Kosovo?s budget, debating
In 2017, the progressive legislation spearheaded by
the accuracy of possible claims, and went as far as
President Jahjaga gained traction after years of deliberation
debating administration of ? rape tests twelve years after
when the Kosovar government apportioned a budget for
the war.?
verifying the status of sexual violence survivors through
43 The verification process not only requires
survivors to relive their trauma but also sometimes rejects
the Government Commission to Recognize and Verify
Survivors of Sexual Violence During the Kosovo War. 40 qualified applicants. Moreover, while the government?s
encouragement of women to apply for the pension has
This critical decision also gives verified survivors the
helped many women cast off the stigma of being victims,
official status of civilian victims of war, and as of 2018,
many other survivors hesitate to apply due to the residual
makes them eligible for a new reparations program by
culture of shame surrounding sexual violence, and those
which victims receive a monthly pension that is equivalent
who do apply run the risk of their applications being
to roughly 87 percent of the typical salary of a Kosovar
39. ?SEMA: The Global Network of Victims and Survivors to End Wartime Sexual Violence,? Dr. Denis Mukwege Foundation, accessed November
13, 2020, https://www.mukwegefoundation.org/sema/.
40. ?Time For Justice For Survivors of Conflict Related Sexual Violence in Kosovo,? United Nations Kosovo Team, September 10, 2018,
unkt.org/2018/06/20/time-justice-survivors-conflict-related-sexual-violence-kosovo/.
41. ?In Kosovo, Legal Recognition of War-Time Sexual Violence Survivors after 18 Years,? UN Women, October 19, 2017, eca.unwomen.org.
42. Amnesty International, 32.
43. Luci and Gusia, 211.
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