Norma relacionada
Bosnia and Herzegovina
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 2007, in the Lučić case, the Panel of the Court of Bosnia and Herzegovina stated:
Any restriction imposed by a State in relation to the extradition, without prosecution, of the persons suspected of having violated international humanitarian law constitutes a violation of the international obligations of that State. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Lučić case, Judgment, 19 September 2007, p. 61.
In 2004, in its initial report to the Committee against Torture, Bosnia and Herzegovina stated:
Criminal offences that can be interpreted in the article 4 of the Convention against Torture can be the sufficient basis for extradition of the suspect to the state requesting the extradition irrespective of whether Bosnia and Herzegovina has or has not a treaty on extradition with that state. 
Bosnia and Herzegovina, Initial report to the Committee against Torture, 29 July 2005, UN Doc. CAT/C/21/Add. 6, submitted 4 October 2004, § 351.
Bosnia and Herzegovina’s Criminal Procedure Code (2003) states that a requirement for extradition includes “that a person whose extradition has been requested is not a citizen of Bosnia and Herzegovina”. 
Bosnia and Herzegovina, Criminal Procedure Code, 2003, Article 415(1)(a).
Bosnia and Herzegovina’s Criminal Procedure Code (2003) states that a requirement for extradition includes “that the offence on the basis of which the extradition has been requested is not a political or military criminal offence”. 
Bosnia and Herzegovina, Criminal Procedure Code, 2003, Article 415(1)(e).
In 2004, in its initial report to the Committee against Torture, Bosnia and Herzegovina stated: “Extradition is … not allowed for political or military criminal offences”. 
Bosnia and Herzegovina, Initial report to the Committee against Torture, 29 July 2005, UN Doc. CAT/C/21/Add. 6, submitted 4 October 2004, § 360.
Bosnia and Herzegovina’s Decree on Deferral upon Request by the ICTY (1995) states:
This Decree regulates the procedure for the extradition of accused persons against whom criminal proceedings have been instituted by or are being conducted before the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia from 1 January 1991 (hereafter: the International Tribunal) for the crimes specified by the Statute of the International Tribunal. 
Bosnia and Herzegovina, Decree on Deferral upon Request by the ICTY, 1995.
In October 2001, the Republika Srpska adopted the Law on Cooperation with the ICTY which provides that both the ICTY and the national courts are competent for the criminal prosecution of persons responsible for violations of IHL in the territory of the former Yugoslavia, the ICTY, however, being given precedence (Article 1). Article 2 provides:
Cooperation with the Tribunal is related to prosecution of persons only for crimes referred to in Article 2, namely grave violations of the Geneva Conventions of 1949, article 3, pertaining to the violations of laws and customs of war, article 4, pertaining to genocide, and article 5 of the Statute of the Tribunal, pertaining to the crimes against humanity committed in the territory of former Yugoslavia since 1 January 1991.
Cooperation shall be conducted in the manner stipulated in this Law, Statute of the Tribunal and Rules of Procedure and Evidence of the Tribunal. 
Bosnia and Herzegovina, Republika Srpska, Law on Cooperation with the ICTY, 2001, Articles 1 and 2.
The other provisions of the law namely deal with the “Procedure for gathering evidence upon request of the tribunal” (Part II); the “Transfer of responsibility for leading the criminal proceedings” (Part III); the “Pre-trial detention of the defendant and hand over to the tribunal” (Part IV); the “Legal Assistance to the Tribunal” (Part V); and the “Execution of verdicts of the tribunal” (Part VI). 
Bosnia and Herzegovina, Republika Srpska, Law on Cooperation with the ICTY, 2001, Parts II–VI.
Bosnia and Herzegovina’s Criminal Code (2003) states:
An official person in the institutions of Bosnia and Herzegovina, entity institutions and the institution of the Brčko District of Bosnia and Herzegovina who refuses to act upon the order of the international criminal tribunal to arrest or detain or extradite to the international criminal tribunal a person against whom the proceedings have been initiated before the international criminal tribunal or if he in any other way prevents enforcement of that order or who refuses enforcement of a legally valid and final sentence of the international criminal tribunal or if in any other way he prevents enforcement of such sentence. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 203.
The Criminal Code also states:
Whoever, having knowledge of the whereabouts of a person indicted by the international criminal tribunal, and having knowledge of the fact of such indictment, fails to report such whereabouts, although the timely discovery of the wanted person depends on such report,
shall be punished by imprisonment for a term not exceeding three years. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 231.
In 1997, during plenary discussions in the UN General Assembly on a report of the International Criminal Tribunal for the former Yugoslavia (ICTY), Bosnia and Herzegovina thanked the Netherlands for its financial and other contributions to the ICTY and stated that it hoped that “others will follow its example and heed the call for material, political, legal and legislative support for the Tribunal”. 
Bosnia and Herzegovina, Statement before the UN General Assembly, UN Doc. A/52/PV.44, 4 November 1997, p. 8.
In 2005, in its initial report to the Human Rights Committee, Bosnia and Herzegovina stated:
Cooperation with the International Criminal Tribunal for former Yugoslavia (ICTY) was not successful in the past period and did not [provide the] expected results. … More than one year [after the] General Framework Agreement for Peace in BiH [(1995)] and the end of the civil war in Bosnia and Herzegovina, the indicted war criminals has not been arrested. [Particular] responsibility [for this] was with the authorities of The Republika Srpska, who were willing to cooperate with the ICTY, but without results. Until only recently this entity had arrested and transferred to the International Criminal Tribunal in The Hague only a few of the indicted war criminals. Because of their unfulfilled obligations and without concrete cooperation with the ICTY, various Republika Srpska authorities were dismissed from their positions during the year 2004.
In order to establish constructive cooperation with the ICTY, the authorities in Bosnia and Herzegovina are obliged to provide full access to the archives, witness protection and the arrest of indicted war criminals. It should be emphasised that the authorities and people in Bosnia and Herzegovina realised that a persistent and constructive cooperation with the ICTY is one of the conditions for total European integration of Bosnia and Herzegovina. The activities directed toward the starting of a wider information … campaign, aimed at depolarising the issue of cooperation with the ICTY and other courts that will deal with trials of indicted war criminals, [includes] the demystification of indicted war criminals who are consider[ed] heroes by the local population. 
Bosnia and Herzegovina, Initial report to the Human Rights Committee, 24 November 2005, UN Doc. CCPR/C/BIH/1, § 150; see also § 177.