Addressing Wartime Rape and Sexual Crimes Under International Law: Post-Conflict Developments in Former Yugoslavia

Rape, sexual enslavement and sexual crimes have always been intertwined with warfare throughout history. Nowadays, these atrocities are often labelled as “war weapons” when deployed as tactics in conflicts. This paper seeks to delve into the evolution of international legal frameworks concerning the crimes of rape and sexual violence, culminating with the International Criminal Tribunal for the former Yugoslavia (ICTY) contribution to the rules and jurisprudence, and offers insights into advancing the progress made thus far in addressing these grave violations. Rape’s association with warfare is as old as war itself, it even consolidated in the common imagery through idyllic myths or legends. A well-known example is the legend of the founding of Rome, which includes the story of the Rape of the Sabine women, immortalised in sculptures and paints over the centuries (Brownmiller, 1993). However, these mythological picturings deviate from a truthful and realistic narrative. Historically, there has been a lack of comprehensive understanding regarding the prevalence and severity of rape during conflicts. This widespread unawerness on the matter has hindered efforts within the international legal community to fully recognise and prosecute rape as a war crime under international law until the 1990s (Dei, 2014).

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Moldova and the EU: a Comprehensive Overview of Security and Defence Partnership

On the occasion of the establishment of the civilian CSDP EU Partnership Mission in the Republic of Moldova (EUPM) in April 2023, Josep Borrell Fontelles, High Representative of the EU for Foreign Affairs and Security Policy (HR/VP) noted: “As one of the countries most affected by the fallout of Russia’s illegal invasion of Ukraine, we witness increased and continued Russian attempts to destabilise Moldova with hybrid actions” (Council of the EU, 2023). In light of geopolitical tensions and persistent threats from Russia, Moldova and the EU are seeking to establish greater cooperation in the field of security in defence. After the deployment of the EUPM in May 2023, the representatives from the EU and Moldova signed the Security and Defence Partnership (SDP) on 21 May 2024. Moldova is the first third state to sign such an agreement with the EU (Euractiv, 2024). The Partnership is envisaged to enhance the resilience of the country, allowing the EU and Moldova to jointly address shared security challenges and explore new areas of cooperation and dialogue (EEAS, 2024). The EU’s goal is to create a network of selected partners in the field of security and defence, boosting cooperation in fields ranging from cyber security, hybrid threats, disinformation, training, and capacity building (Benakis, 2024; Euractiv, 2024). Moldova’s alignment with European standards, fostering interoperability and robust cooperation, is important for reinforcing regional security and advancing Moldova’s European integration aspirations. This paper gives a comprehensive overview of EU-Moldova cooperation in security and defence. It proceeds as follows: The first section briefly outlines the relations between Moldova and the EU against the background of Russia’s invasion of Ukraine. The second part explores and contextualizes the newly established Security and Defence Partnership.

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Chemical Weapons in Armed Conflicts

The use of chemical agents as a weapon of war has a history that extends back over two centuries. The first instance of a large-scale deployment of chlorine gas, for instance, occurred in April 1915 when German troops attacked Ypres (France Diplomacy, 2022). Moreover, the two world wars saw the greatest proliferation of chemical weapons on the battlefields of Europe, in Nazi concentration camps or in Asia (Office for Disarmament Affairs, 2023).

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A New Beginning for European Defence Fund, Reinforced by a Programme (EDIP) and a Strategy (EDIS)

The European Defence Fund (EDF) needs to review its strategy and programming after only three years of existence. It was created in 2021 under the European Union Global Strategy (EUGS), thanks to the push made by EU Member states at the time. The political will to invest in European security has gained significant momentum thanks largely to the EDF, particularly in strengthening the European Defence and Technology Industrial Basis (EDTIB). The objective is to fund armament and spend in common. The European Defence Industrial Strategy (EDIS), proposed by the Commission in March 2024, is more precise than the EUGS on defence matters and marks the EU’s first-ever defence strategy. The EDIS was created to achieve industrial defence readiness by 2035 and strengthen the European Defence and Technological Industrial Basis (EDTIB) (European Commission 2024b). This strategy will influence the EDF’s programming and its presentation in the next Multi-Financial Framework.

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The application of the Law of the Sea to the EU legal system and its implications for European Defence

States have long been considered the primary, but not only, subjects of International Law. To be considered a State, Article 1 of the Montevideo Convention (1933) sets out four criteria: a permanent population, a defined territory, a government, and the capacity to enter into relations with other states (Montevideo Convention, 1933). A State's sovereignty is here limited to its territory, over which its legal system has complete jurisdiction. However, defined territory is not uncomplicated, as States control their airspace and have a border to outer space, and coastal State’s territory encompasses maritime zones surrounding their land (Gioia, 2019). This article analyses the International and European legal framework regulating States in their maritime areas. Then, it will focus on the interaction between those legal sources and their implications for European Defence.

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