AP Photo/Darko Vojinović; Protest against femicide in Belgrade, March 2024

As we near the end of the 16 days of activism to end gender-based violence, the AIRE Centre would like to bring attention and contribute to the ongoing discussion in Western Balkan nations concerning the criminalisation of femicide. Ahead of our planned roundtable discussions on this matter, this article serves to provide much-needed context for the reader regarding the prevalence of gender-based violence in the region and present recommendations to address it, including an overview of the success and challenges resulting from a variety of efforts in other jurisdictions to combat femicide and violence against women and girls more broadly.

Globally, a woman or girl is killed every 10 minutes, and almost two thirds of those homicides are committed by partners or family members. According to the UN Office on Drugs and Crime (UNODC), among Western Balkan countries in 2023 the highest rate of homicides of women was 0.96 in North Macedonia, followed by Albania with 0.84. The UNODC does not provide any data for Kosovo, but according to an AIRE Centre and GCJ report from earlier this year, 3 women were murdered in Kosovo in 2023 (with an estimated population of more than 1.8 million). According to the same sources, in the Western Balkan countries where such data was available, most – if not all – of these intentional homicides of women and girls were committed by perpetrators known to the victim. Most commonly, they were committed by intimate partners or family members.

The definition of femicide has long been the subject of much debate across various fields. However, the generally accepted definition, and the one adopted by the AIRE Centre, emphasises the gender-based motivation behind the murder of a woman or girl. Failure to distinguish femicides from simple homicides distorts their true nature and severity.

The continued global prominence of femicide has resulted in the proliferation of recommendations to combat it including the recognition of femicide as an international crime as well as its criminalisation separate from other homicides. Quite a few countries have already adopted legislation and policy to combat femicide and other forms of gender-based violence. Some jurisdictions such as Belgium, Canada, Turkey, and Spain have introduced gender-related aggravating factors to existing offences including homicide to combat femicide without criminalising it as a separate crime.

As of 2022, 18 countries in Latin America have criminalised femicide. However, the criminalisation of femicide has not been done uniformly across all jurisdictions in the region, which has wrought varied consequences. Statutes which list specific circumstances and lack a general clause tend to let other forms of gendered violence slip through the cracks. On the other hand, in jurisdictions with overly broad femicide legislation, restrictive judicial interpretation can impose tight limits on the recognition of femicide. The blindness of legal systems to gender can frustrate the application of femicide provisions, if judges impose unrealistic evidentiary standards required to establish gender as the motivation behind a murder. And while statistics indicate that criminalisation has led to increased accountability and awareness, there has been no decrease in femicide rates, despite the fact that the first femicide provisions were introduced in the late 2010s. This does not mean that femicide criminalisation lacks merit or potential for long-term impact. Part of the impetus behind naming the phenomenon is to bring awareness in societies and among those involved in law enforcement and the judiciary.

Critics point to the fact that criminalisation has done little to decrease the number of femicides as proof that femicide-specific provisions are not sufficient on their own to combat femicide. In Guatemala, where criminalisation coupled with a variety of governmental initiatives to combat femicide has been ineffective, there is a push for a victim-centred approach focused on preventing femicide before it can happen through a variety of public policy and community initiatives. There are in fact many examples of such policy solutions that have been recommended for all Latin American countries, as it has become clear that solutions within criminal law on their own are incapable of addressing and changing societal norms which promote gender-based violence. Within criminal law, an intersectional approach has been suggested in order to allow for a victim-centred approach within the criminal justice system.

Within the EU, the European Institute for Gender Equality (EIGE) found early last year that femicide is rarely mentioned in national policy. In the same report, the EIGE called for the criminalisation of femicide in EU countries, submitting that it would increase prevention, prosecution, and awareness. It also recommended training on gender-based killing for those involved in law enforcement and prosecution. This could be an improvement on the Latin American model, which has proved that, in order for gender-sensitive legislation to be effective, it must be implemented by a legal system which is not blind to gender discrimination.

Without proper awareness and sensitivity training, the direct transplantation of the Latin American model to EU countries could be set up to fail. This does not mean that using the Latin American model as inspiration and adapting it to the domestic system would necessarily fail, however. Since EIGE’s report in February 2023, four EU countries have adopted femicide provisions. Cyprus and Malta both passed legislation criminalising femicide last year. The first individual to be accused under Malta’s provision brought a gender discrimination challenge against it. Earlier this year, Croatia criminalised various forms of gender-based violence, including femicide. These amendments to the Criminal Code received pushback from Croatian supreme court judges and constitutional law academics who contended that such legislation is discriminatory against men.

Contrary to Cyprus, Malta, and Croatia, Belgium adopted more of a holistic approach in June of 2023. In addition to criminalising femicide, its new law introduces new protection for victims of gender-based violence and mandates the collection of statistics related to femicide.

In the end, this comparative survey demonstrates that whatever solution or solutions are chosen, either within or without criminal law, proper attention must be paid to the legal and societal landscape.

Turning to the Western Balkans, North Macedonia criminalised femicide just last year, becoming the first country in the region to do so. This fits into the wider trend of criminalisation sweeping Europe. The new amendments to North Macedonia’s criminal code insert new offences of a few types of gender-based violence, including the murder of a woman or girl in the context of gender-based violence. In April of this year, a North Macedonian court in Kočani handed down the first judgment of guilt under this provision, sentencing a man to life imprisonment after he stabbed a woman more than 40 times in front of her house. Given the newness of this provision, it remains to be seen whether North Macedonia’s approach will be effective in decreasing the number of femicides that occur within the country. However, any convictions under the provision will bring attention to the issue and raise awareness of the persistence of femicide. Such consciousness-raising could be necessary as a first step in jurisdictions where there is an unwillingness to effect change at the societal level.

Kosovo adopted a strategy to combat domestic violence in 2022 which amended the constitution to give direct effect to the Istanbul Convention, but substantive concrete action has yet to be seen. Earlier this year, Kosovo’s President Vjosa Osmani declared a national day of mourning for victims of femicide after two gender-motivated killings of women occurred within one week.

When considering the shape that femicide prevention and deterrence strategies should take in the Western Balkans, they must be designed to combat the prevalence and entrenched nature of the gender hierarchy. Last year’s joint report from the AIRE Centre and FemPlats presented many case studies of femicide from across the Western Balkans, demonstrating the institutionalised nature of gender stereotypes and prejudices, even within the judiciaries. Based on these case studies, it would be surprising if femicide provisions on their own will prove effective in the region. The case studies show a general lack of attention paid to domestic violence prevention, a systemic failure to take into account gendered aspects of cases, and examples of the influence of gender stereotypes in judicial reasoning.

Discussions on combating femicide in the Western Balkans should prioritise prevention and the eradication of harmful gender stereotypes in addition to raising awareness. While lawmakers and stakeholders quibble over the best course of action, women continue to suffer abuse and murder for the crime of existing as women.

Written by: Émilie Weidl, legal research intern at the AIRE Centre