TRETMAN SILOVANJA U (MEĐUNARODNOM) KRIVIČNOM PRAVU SA OSVRTOM NA PRAKSU AD HOC TRIBUNALA ZA BIVŠU JUGOSLAVIJU
TREATMENT OF RAPPING IN (INTERNATIONAL) CRIMINAL LAW WITH A REWIEV OF PRACTICE OF AD HOC TRIBUNALFOR FORMER YUGOSLAVIA

Summary/Abstract: In this paper, the author focused attention and interest on rape as an international criminal offense, or a crime of defiance of humanity and values protected by international law, taking into account the practice of an ad hoc tribunal that determines the determinants of this crime. The case law that includes the ad hoc tribunal cases for the former Yugoslavia as the most senior authority in which treatment and rape is administered allows for a better understanding of the criminal nature of this crime, taking into account especially the criminal elements and specificities on which the concept or legal definition of rape is based. Also, the victimological aspect of rape as an international crime committed in war is a special consideration where the relationship between the victim and the perpetrator is clearly recognized. The international community, despite the planetary interest in providing criminal justice protection to the female sex and the establishment of certain rules and standards that promote humanity in the broadest sense of the word, points to the need to find concrete preventive and protective mechanisms in practical terms. The author emphasizes that the protective function of modern criminal law must be operationalized in a practical way with a preventive - protective component with clearly pronounced and recognizable effects in practice.

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