Serbia and Montenegro
Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
In its oral pleadings before the ICJ in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) in 2006, Serbia and Montenegro stated:
2. Before I begin my analysis of the facts relating to the rapes committed in Bosnia and Herzegovina during the civil war at the end of the twentieth century, I must say that, regardless of the legal characterization of the offence – rape as a common law crime, rape as a war crime, rape as a crime against humanity, rape as an element of genocide – rape is first and foremost rape, an obnoxious crime, …
33. Some cases of rape in Bosnia were tried by the Tribunal for the former Yugoslavia as war crimes and crimes against humanity, a fact which we once again have no intention of denying. However, neither a rape that is a common law crime, nor a rape that is a war crime, nor again a rape that is a crime against humanity, is consistent with the definition of genocide.