The Legal Framework: Legislation in BiH on The Criminal Offence of Rape
The Legal Framework: Legislation in BiH on The Criminal Offence of Rape

Author(s): Haris Halilović
Subject(s): Gender Studies, Criminal Law, International Law, Studies in violence and power, Court case
Published by: Atlantska inicijativa: Udruženje za promicanje euroatlantskih integracija BiH
Keywords: criminal offense; criminal law; rape; BiH; legislation; legal framework;
Summary/Abstract: Over the past decades, interpretations of what constitutes the criminal offence of rape have developed, and the existence of coercion (force or threat against the life or body of the victim or a person close to them) is no longer seen as necessary for qualification of this offence, given that the absence of consent can be proved through other factual circumstances. This interpretation is unequivocally enshrined in the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which was ratified by BiH in 2013. In line with requirements set out in the Istanbul Convention, the Criminal Code of BiH (CC BiH) was amended in 2015 and the qualifications of crimes against humanity (Article 172) and war crimes against the civilian population (Article 173) were changed, so that the use of force or the threat of direct attack against the life or limb of the victim or a person close to them is not necessarily a constituent element of sexual violence crimes during armed conflict. Accordingly, the lack of consent by a victim can be proved through the existence of other decisive facts.

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