Introduction
Rape and other forms of sexual violence that have taken place in Kosovo during the armed conflict have undergone a long period of silence, as has been the case elsewhere. Human Rights Watch and other international and local NGOs estimate that 20,000 Albanian women were subjected to systematic sexual violence by Serbian military and paramilitary forces (Human Rights Watch 2000). Reparation initiatives have historically marginalized and discriminated survivors of rape from the broader transitional justice narrative. Kosovo managed to pass a landmark law recognizing survivors of wartime sexual violence as civilian victims of war only in 2014. This paper examines the gender-based violence reparations as a transitional justice mechanism in post-conflict Kosovo.
Analysis
During the war in Kosovo, mass sexual violence must not be seen merely as isolated criminal acts, but as a systemic manifestation of chauvinist-militarist authoritarianism. In such regimes, the ideological foundation of power rests on the synthesis of claims to ethnic superiority and a militarized apparatus of coercion. This synthesis does not stop at seizing territorial control or silencing political opponents; the female body is instrumentalized as a "trophy of victory" and a tool of humiliation by ethno-chauvinist hegemony. This approach reveals that the violence committed was not incidental but a deliberate tactic embedded within the regime’s structural and ideological architecture.
Sexual violence during the Kosovo War was not random—it was a deliberate tactic. This method was first tested in Bosnia and Herzegovina and was systematically employed to instill fear, humiliate, and facilitate ethnic cleansing.
When the United Nations took charge in Kosovo, under what was called UNMIK, there was a real chance to push for women's rights. But sadly, that didn't happen.
Sexual violence during the Kosovo War was not incidental, but rather a deliberate tactic that was piloted in Bosnia and Herzegovina (BiH) and used as a strategy of terror, humiliation, and ethnic cleansing and the International Criminal Tribunal for the former Yugoslavia’s case of Prosecutor v. Kunarac et al, 2001 redefined sexual violence under international law using forensic evidence and testimonies of the victims to prove that the use of systematic abuse was far from incidental but rather a tool of ethnic cleansing (Milutinovic et. al, 2009, 79).
Kosovo’s post-conflict society has largely remained silent about the sexual violence women endured. The reasons behind this might be due to its painful association with collective national suffering or the perception that it tarnished the honor of families (Di Lellio 2016).
The discourse had to wait until 2014 for Kosovo’s legislative initiative with the Law. No. 04/L-172 “On Civilian Victims of War” to include survivors of conflict-related sexual violence as a distinct category, which can be seen through the lens of restoring justice for victims of sexual violence (Assembly of the Republic of Kosovo 2014). However, the implementation of this recognition only began in 2018, nearly two decades after the conflict ended. The amendment to the law offers, above all, acknowledgement of survivors, providing them with, in the form of retribution, monthly compensation and public recognition. State policy addressing this issue can be viewed as a significant step from denial and invisibility to acknowledgment and visibility.
In his analysis of international standards on torture and ill-treatment, Nowak emphasizes the right of victims to an effective remedy, including compensation, rehabilitation, and guarantees of non-repetition for survivors of gross human rights violations so as the Kosovo framework aligns with international obligations under the Convention against Torture (CAT), which defines reparation as a necessary element of achieving justice (Nowak 2009a; United Nations General Assembly 1987).
However, the reparation initiative in Kosovo faces significant limitations and challenges. First and foremost, its effectiveness has been undermined by years of negation and implementation, as many survivors have also been victims of decades of silence, stigma, and psychological trauma. As the legal maxim goes, "Justice delayed is justice denied".
Secondly, the recognition process requires applicants to present evidence or witness testimony, which can be retraumatizing for many survivors and discourages applications, especially among those in rural areas. According to the UN’s 1997 special report on the former Yugoslavia, such delays and failures to address crimes like torture and rape undermine reconciliation and prolong victim suffering. The report also emphasizes that acknowledgment and truth-telling are fundamental preconditions for reconciliation—a process that remains incomplete in Kosovo (United Nations Economic and Social Council 1997).
Additionally, the reparations mechanism in Kosovo is gender-sensitive in name but cannot be considered effective. Therefore Nowak points out, torture and ill-treatment often take gender-specific forms, such as rape, which require gender-specific redress mechanisms (Nowak 2009). The current scheme does little to address structural inequalities or provide holistic support, such as psychosocial counseling, employment support, economic independence, or community reintegration programs and gender-based reparations need a more comprehensive approach that encompasses truth commissions, criminal accountability, educational campaigns, and the empowerment and strengthening of women’s roles in society and state policy (Elshani & Ukaj 2020). Otherwise, all reparation initiatives risk becoming mere acts of monetary compensation that do not challenge the underlying causes of violence or the social norms that perpetuate it.
Another critical issue with the reparation mechanism put forward is accessibility. Survivors from rural and conservative communities face underlying social pressure. Local NGOs working with survivors have reported that many women were unaware of the reparations law or lacked the necessary documents to file a claim before the 2023 application deadline (Radio Evropa e Lirë 2023). For human rights protection mechanisms to be effective, they must be accessible to all, particularly those who are most marginalized (Nowak 2009b). Additionally, there are significant gaps in survivor outreach, and many fear secondary victimization if their status becomes publicly known. This is the case especially with women who have families, who feel the societal pressure and burden to be inconceivable, as they have much to lose if they come forward. If society is to be more informed, and nurtured with respect for human rights and dignity, it would become less and less of a burden for victims to come forward and regain their dignity.
Victims who seek support from the Kosovo Rehabilitation Center for Torture Victims further shed light on the profound stigma, trauma, and societal denial faced by survivors of wartime sexual violence, how rehabilitation requires inclusive support systems from all actors to facilitate healing and justice (Halili 2021).
Conclusion
The Kosovo case mirrors broader limitations in transitional justice efforts across the Balkans, where symbolic acts are often viewed as a remedy for meaningful, substantial justice. Taking into consideration that, reparations in isolation risk reducing justice to a bureaucratic transaction, it is pertinent to mention that, procedural justice cannot heal and restore dignity, and therefore cannot be effective in achieving long-term peace. Human rights mechanisms must not only acknowledge past abuses but also empower survivors and challenge the root causes of structural injustices. In the case of Kosovo, reparations should be viewed as a starting point, not an end to the pursuit of gender-inclusive post-conflict justice.
* References to Kosovo in this paper are made without prejudice to positions on status and are in line with United Nations Security Council Resolution 1244 (1999) and the International Court of Justice Advisory Opinion on Kosovo’s declaration of independence.
References:
Assembly of the Republic of Kosovo. 2014. Law No. 04/L-172 on Amending and Supplementing Law No. 04/L-054 on the Status and the Rights of the Martyrs, Invalids, Veterans, Members of the Kosovo Liberation Army, Sexual Violence Victims of the War, Civilian Victims and Their Families. Official Gazette of the Republic of Kosovo, No. 26/2014, April 23. https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=9436.
Elshani, Valëza Ukaj. 2020. “Legal Framework of Conflict-Related Sexual Violence: The Kosovo Case.” In 2020 Essay Volume, edited by William A. Schabas and Shannonbrooke Murphy, 19–36. The Hague: Mechanism for International Criminal Tribunals. https://www.irmct.org/sites/default/files/mip/MIP-2020-Essay-volume.pdf.
Halili, Dafina. 2021. “Kurrë s’e kisha imagjinu se kjo iu ndodh edhe burrave.” Kosovo 2.0, November 16. https://kosovotwopointzero.com/kurre-se-kisha-imagjinu-se-kjo-iu-ndodh-edhe-burrave/.
Human Rights Watch. 2000. Federal Republic of Yugoslavia: Kosovo – Gender-Based Violence Against Kosovar Albanian Women. March. https://www.hrw.org/reports/2000/fry/Kosov003-02.htm.
International Criminal Tribunal for the former Yugoslavia (ICTY). 2001. Prosecutor v. Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković, Case No. IT-96-23-T & IT-96-23/1-T.
Nowak, Manfred. 2009a. “Torture and Enforced Disappearance.” In International Protection of Human Rights: A Textbook, edited by Catarina Krause and Martin Scheinin. Forthcoming.
Nowak, Manfred. 2009b. “Fact-Finding on Torture and Ill-Treatment and Conditions of Detention.” Journal of Human Rights Practice 1 (1): 101–119. https://doi.org/10.1093/jhuman/hun004.
Prosecutor v. Milutinovic et al. 2009. Judgment, Volume 1, Case No. IT-05-87-T, International Criminal Tribunal for the former Yugoslavia (ICTY), February 26. https://www.refworld.org/jurisprudence/caselaw/icty/2009/en/92016.
Radio Evropa e Lirë. 2023. “Afati për verifikimin e statusit të viktimave të dhunës seksuale në luftë.” Radio Evropa e Lirë, July 21. https://www.evropaelire.org/a/afati-verifikim-status-viktima-dhunes-seksuale-lufte/32513094.html.
United Nations Economic and Social Council. 1997. Final Report: Special Process on Missing Persons in the Territory of the Former Yugoslavia. E/CN.4/1997/55, January 15. https://digitallibrary.un.org/record/239534?ln=en.
United Nations General Assembly. 1984. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted December 10, entered into force June 26, 1987. United Nations Treaty Series 1465: 85. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading.
