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Wartime sexual violence: new evidence as hundreds
of survivors come forward
By Anna Di Lellio, Mirlinda Sada and
Garentina Kraja
22 November 2018
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A wartime survivor from Drenas. | Photo:
Valerie Plesch.
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Following a trail of fresh evidence from wartime
sexual violence survivors in Kosovo, researchers connect the dots
and reveal the true pattern of sexual violence as a weapon of war
and ethnic cleansing across the country.
The first time the crime of wartime sexual
violence was given the label of “tool of war” was during the
conflict in Bosnia and Herzegovina. Though targeting all ethnic
groups, Serbian security forces used sexual violence systematically
against Bosnian women as part of their strategy of ethnic cleansing.
Nearly 20 years after the Kosovo war of 1998-1999,
survivors come forward and identify the date, the place and the
circumstances surrounding instances of sexual assault. We can prove
that sexual violence was used as a tool of war in Kosovo as well. It
was never just a practice, a “bad thing” tolerated by commanders as
the war raged on.
At the International Criminal Tribunal for
Yugoslavia in The Hague, ICTY, sexual violence in Bosnia and
Herzegovina featured prominently in the conviction of senior
military figures. The trials of Serbian military and security
leaders indicted for war crimes and crimes against humanity in
Kosovo had different outcomes in regard to the count of sexual
assault: General Nebojsa Pavkovic was convicted in the first
instance, but Nikola Sainovic, Sreten Lukic, and Vlastimir
Djordjevic were found not guilty, because only a handful of
witnesses had testified.
Only on appeal, in 2014, were all of them
convicted on charges of wartime sexual violence. The Court ruled,
reversing its previous trial judgements, that these leaders knew,
but did nothing to stop, the widespread sexual violence that was
occurring at the same time as destruction of property, mass
expulsions and mass killing of Albanian civilians. In that context,
sexual violence amounted to persecution of a group and a crime
against humanity.
We can now add new and more damning evidence to
the Court’s conclusion.
Data collected from 280 survivors of wartime
sexual violence perpetrated by the Serbian Army, the police, and the
unofficial groups of perpetrators they commanded, prove that there
was a pattern, a logic and an intent to the use of sexual assault as
a weapon deployed systematically and strategically along with mass
murder, the burning and the pillaging of property, targeting
Albanian civilians.
This evidence completely disproves the Serbian
leaders’ line of defense: that they did not know their forces were
raping Albanian women, that rape was never a strategy, and that if
it happened, it was just a sporadic, opportunistic act.
The cases we analyzed are just a small number in
comparison with the total count of survivors, but together with the
complete data on civilian casualties compiled by the Kosovo
Humanitarian Law Center, there is a large enough sample to map the
strategy of terror and destruction planned by the Milosevic regime.
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The map shows without any ambiguity that killing,
disappearances and sexual violence in Kosovo during 1998 and 1999
were overlapping throughout the war against Albanian civilians. It
confirms what OSCE and Human Rights Watch investigators had
concluded as early as 1999: sexual violence was “a weapon of ethnic
cleansing” in Kosovo, like in Bosnia.
We looked at the data and asked the question: what
was happening in those places at the same time that sexual violence
was happening? Looking into the stories of just a fraction of the
survivors interviewed, we can affirm what the court was only ever
able to imply.
The timeline: mapping sexual violence in the
Kosovo war
We noticed a sizable number of incidents from
Beleg and Carrabreg, just south of Decan, between March 25 and March
28, 1999. That is exactly when Serbian troops clamped down first on
Upper and Lower Carrabreg, then on Beleg.
All the people, villagers coming from a larger
surrounding area who had not found refuge in the mountains, were
told they had five minutes to leave their homes; everyone was robbed
of cash and everything of value they possessed; all the houses were
burned; men were stripped naked, publicly humiliated and randomly
shot; and several women, displaced from the larger surrounding area,
were put in a barn and raped by multiple perpetrators.
Finally, they were all loaded on tractors and
driven to the Albanian border. The final tally of civilian
casualties is 38, and we now know that there are many more survivors
of sexual violence than the two witnesses who summoned the courage
to testify in The Hague: we counted a total of 15 in our sample
alone.
A cluster of rapes happened in the larger area
surrounding Shtutice and Verbec ,Drenas, on April 28 and 29, 1999.
Then on the night of April 29, NATO bombed the Feronikel factory, a
legitimate and legal military target, since it had been used as a
base and a detention facility where torture was practiced. The
bombing elicited an even more brutal attack on Albanian civilians,
and more rapes. Early on April 30 Serbian troops seized Shtutice and
Verbec and killed respectively 44 and 80 civilians. All the houses
were burned, and many more civilians were taken prisoners and held
overnight at the mosque in Cirez.
The next day, during the transport to prison, 102
were taken off the trucks and executed at the Shavarina mines in
Citakove e Vjeter. Before and after the killing, many women were
tortured: we know of 17 of them.
Incidents cluster in significant numbers in
Studime, the prison of Smrekonice, and Vushtrri, around May 2, 1999.
On that day, columns of displaced people pushed by Serbian forces
out of their homes in the surrounding area and converging on
Studime, to the east of Vushtrri, were harassed and robbed by police
and army despite the display of a white flag.
The women were separated from the men and a number
of them were held in a school, many were raped, 22 in our sample, as
the men were being killed, 106 of them in one day.
The rest of the displaced, taken to the prison of
Smerkovice, endured from two to three weeks of illegal detention
during which they were tortured, denied food, and held in inhumanely
cramped quarters.
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On May 22 they began to be released daily in
groups and were marched to the border with Albania. Some were pulled
out of the convoy and publicly sexually assaulted at the Ramiz
Sadiku cemetery, as two survivors testified. From June 22 through
June 8, about 3,000 men who had been detained at Smerkovice crossed
the border into Kukes. Many had their hands broken from the beating
and knew nothing of their wives and mothers from whom they had been
separated in Studime.
Finally, what explains the multiple rapes in
Dragaqine, a remote village seven kilometer north east of Suhareke?
Fighting had stopped there by end of March, and
displaced people had gathered there, but Serbian troops returned on
April 21, 1999, killing a dozen of men and raping several women. We
counted 8 in our sample.
We looked at the data and heard the stories of
survivor. They are all very clear about what happened. Victims were
of all ages: at the two extremes, a nine-year-old and a
seventy-year-old.
The majority of these survivors were not only
raped, but also scarred with cigarette burns and knife cuts. They
were the victims of multiple aggressors, cursed and insulted for
their ethnic origin. They were left traumatized, as the living
embodiment of the attempt to destroy an entire people. Their entire
experience is a textbook definition of rape as a weapon in a
strategy of ethnic cleansing.
Anna Di Lellio is a Professor of
International Relations at New York University and The New School,
NY.
Garentina Kraja is an independent
researcher working from Kosovo.
Mirlinda Sada is the executive director of
NGO Medica Gjakova.
Feature photo: Valerie Plesch.
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