CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 7 – EVIDENTIARY PROCEDURE

Article 264 - Special Evidentiary Rules When Dealing With Cases of Sexual Misconduct

It shall not be allowed to ask an injured party about any sexual experiences prior to the commission of the criminal offence in question. No evidence offered to show the injured party’s involvement in any previous sexual experience, behaviour, or sexual orientation shall be admissible.

Notwithstanding Paragraph 1 of this Article, evidence offered to prove that semen, medical documents on injuries or any other physical evidence may stem from a person other than the accused, is admissible.

In the case of the criminal offense against humanity and values protected by the international law, the consent of the victim may not be used in a favor of the defense.

Before admitting evidence pursuant to this Article, the Court must conduct an appropriate hearing in camera.

The motion, supporting documents and the record of the hearing must be sealed in a separate envelope, unless the Court orders otherwise.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(e) Other serious violations of the laws and customs applicable in armed conflicts not of
an international character, within the established framework of international law, namely, any of
the following acts:
(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions

Article 7
Crimes against humanity
2. For the purpose of paragraph 1:
(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. This
definition shall not in any way be interpreted as affecting national laws
relating to pregnancy;