Abstract
Children born of war (CBOW) — those conceived through conflict-related sexual violence— have long remained stigmatized, marginalized, and largely invisible in law and policy. Drawing on international scholarship and Bosnia and Herzegovina’s post-conflict experience, this Article examines the social, political, and legal mechanisms that sustain CBOW exclusion and traces the emergence of CBOW as a recognized category within contemporary international legal frameworks. Using Bosnia and Herzegovina as a case study, the Article argues that patriarchal norms, fragmented governance and legal structures, and decades of institutional silence have profoundly shaped CBOW lived experiences and access to rights. Furthermore, the Article assesses recent reforms, including the 2023 Federation law recognizing CBOW as civilian victims of war, while identifying ongoing gaps, particularly in Republika Srpska and the Brčko District, where protections remain absent, incomplete, or conditional. Situating Bosnia’s advances within a global landscape in which only a small number of states legally recognize CBOW in their national legislation, the Article underscores both notable progress and the urgent need for harmonized, survivor-centered policy in Bosnia and Herzegovina. It concludes that meaningful recognition requires not only legal reform, but also broader societal transformation to dismantle stigma and affirm CBOW as equal rights-holders in post-conflict societies.
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