Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
Serbia’s Criminal Code (2005) states that ordering or imposing measures intended to prevent births within a group, “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”, constitutes an act of genocide.
The Criminal Code also states that ordering or committing “rape; forcing to prostitution; forcing pregnancy or sterilization aimed at changing the ethnic balance of the population” which is “part of a wider and systematic attack against the civilian population” constitutes a crime against humanity.
The Criminal Code further states that, in time of war, armed conflict or occupation, the ordering or commitment of “rape” against, or “forcing into prostitution” of, members of the civilian population, in violation of international law, constitutes a war crime.
The Criminal Code also states: “Whoever … hides or holds another person with intent to exploit such person … [through] prostitution [or] … pornography … shall be punished by imprisonment of [from] two to twelve years.”