Book Two : Specific Provisions

Title Twelvebis : Genocide and Crimes against Humanity

Art. 264a

1 The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population :

g. rapes a person of the female gender or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person into prostitution or to be sterilised ;

Book Two : Specific Provisions

Title Twelveter : War Crimes

Art. 264e

1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict :

b. rapes a person of the female gender protected by international humanitarian law or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person protected by international humanitarian law into prostitution or to be sterilised ;

Article 7
Crimes against humanity
3. For the purpose of this Statute, it is understood that the term ‘gender’ refers to the
two sexes, male and female, within the context of society. The term ‘gender’ does
not indicate any meaning different from the above.