Norma relacionada
Bosnia and Herzegovina
Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
The Criminal Code (1998) of the Federation of Bosnia and Herzegovina provides that forced prostitution and rape of civilians is a war crime. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Article 154(1).
The Criminal Code (2000) of the Republika Srpska contains the same provision. 
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Article 433(1).
Bosnia and Herzegovina’s Criminal Code (2003) criminalizes the following as an act of genocide:
Whoever, with an aim to destroy, in whole or in part, a national, ethnical, racial or religious group, orders perpetration or perpetrates any of the following acts:
d) Imposing measures intended to prevent births within the group. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 171(d).
The Criminal Code criminalizes the following acts as crimes against humanity:
(1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with knowledge of such an attack, perpetrates any of the following acts:
g) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape), sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity.
(2) For the purpose of paragraph 1 of this Article the following terms shall have the following meanings:
f) Forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 172(1)(g) and (2)(f).
[emphasis in original]
The Criminal Code also states that, in time of war, armed conflict or occupation, ordering or coercing “another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape) or forcible prostitution”, in violation of international law, constitutes a war crime. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 173(1)(e).
The Criminal Code, as amended in 2004, further states:
Whoever, by means of use of force or threat of use of force or other forms of coercion, of abduction, of fraud or deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, recruits, transports, transfers, harbours or receipts a person, for the purpose of the prostitution of others or other forms of sexual exploitation, …
shall be punished by imprisonment for a term of between one and ten years. 
Bosnia and Herzegovina, Criminal Code, 2003, as amended in 2004, Article 186(1).
In 2006, in the Samardžić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
[L]ack of resistance or obvious and constant disagreement throughout the sexual slavery cannot be interpreted as a sign of consent. Neither resistance nor the permanent application of force in itself are required elements of the subject matter of rape. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Samardžić case, Judgment, 13 December 2006, p. 18.
The Court also stated:
[I]t is necessary to particularly stress that the criminal offence of rape, within the context of Crimes against Humanity, differs considerably in its nature from the general criminal offence of rape … [that requires] corroborating evidence or direct examination of the victim. … [I]n cases of rape in war … the examination of the victims themselves is very often impossible due to objective reasons, as many were killed, were unaccounted for or, quite understandably, were of unknown address. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Samardžić case, Judgment, 13 December 2006, p. 18.
In 2007, in the Šimšić case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
The Court found no grounds for the Defence assertion that … rapes were not accepted as crimes against humanity pursuant to customary international law. To wit, the Court notes that the stated actions are indisputably criminal offences which at the time of war acquire the characteristics and the meaning of war crimes …
Furthermore, the prohibition of rape and [serious sexual assault] during armed conflicts has become a part of customary international law. It gradually emerged from the explicit prohibition of rape referred to in Article 44 of the Lieber Code and the general provisions referred to in Article 4[6] of the [1907 Hague Regulations], which should be interpreted together with the “Martens clause” which is stated in the Preamble of the [referred regulations]. Although the Nuremberg [Tribunal] did not conduct separate criminal prosecutions for rape and sexual assault, rape has been qualified as crime against humanity pursuant to Article II (1) (c) of [Control Council Law No. 10].
The [International Military Tribunal at Tokyo] convicted [Japanese] generals … based on their command responsibility for violations of the laws and customs of war which had been committed by their soldiers in Nanking, which included mass scale rape and sexual assault. The former Japanese Minister of Foreign Affairs … was also convicted of such crimes.
This decision, as well as the decision of the [US Military Commission] in the Yamashita case, in addition to …the fundamental prohibition of “[outrages upon] personal dignity” in common Article [3] [which] has become part of customary international law, have contributed to the development of universally accepted norms of international law which prohibit rape and [serious] sexual assault. These norms are applicable to any armed conflict.
In addition, no international human rights instrument explicitly prohibits rape and other [serious] sexual [assaults] and yet these criminal offences are implicitly prohibited by the provisions protecting the [physical] integrity which [are contained in] all relevant international treaties. The right to physical integrity is a fundamental right which is reflected in national [legislation] and therefore it undoubtedly constitutes part of customary international law. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Šimšić case, Judgment, 7 August 2007, pp. 47–48.
In 2007, in the Janković case, the Appellate Panel of the Court of Bosnia and Herzegovina stated with regard to the crime against humanity of rape: “The criminal offence of rape requires the element of sexual penetration to be proven”. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Janković case, Judgment, 23 October 2007, p. 15.