Règle correspondante
Belgium
Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
Belgium’s Penal Code (1867), as amended in 2003, provides:
The crime of genocide, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Convention for the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to criminal provisions applicable to breaches committed out of negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such:
…
4. imposing measures intended to prevent births within the group.
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 bis, § 4.
The Penal Code further states:
A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
…
7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 ter, § 7.
The Penal Code further provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
…
4. rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the [1949] Geneva Conventions or a serious violation of Article 3 common to the said Conventions.
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 quater, § 1(4).
Belgium’s Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols (1993), as amended in 1999, provides that “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” constitutes a crime under international law.
Belgium, Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols, 1993, as amended in 1999, Article 1(2)(7).
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
The crime of genocide, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Convention for the Prevention and Punishment of the Crime of Genocide of 9 December 1948, and without prejudice to criminal provisions applicable to breaches committed out of negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such:
…
4. imposing measures intended to prevent births within the group.
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1, § 4.
The Law further states:
A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
…
7. rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 bis, § 7.
The Law further provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
…
3 bis rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the [1949] Geneva Conventions or a serious violation of Article 3 common to the said Conventions.
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 ter, § 1(3 bis).
In 2007, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Belgium stated:
… Belgium attaches particular importance to the fight against violence, especially sexual violence against women and minor children. We have noted how such acts of violence become true instruments of war in a number of conflict situations. It is imperative not only to eradicate such practices but also to prevent them.
Belgium, Statement by the permanent representative of Belgium before the UN Security Council, 22 June 2007, p. 26.
In 2007, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Belgium stated: “The growing scourge of sexual violence, in particular in situations of armed conflict … is particularly repugnant when used as a weapon of war.”
Belgium, Statement by the permanent representative of Belgium before the UN Security Council, 20 November 2007, p. 8.
