Norma relacionada
Bosnia and Herzegovina
Practice Relating to Rule 40. Respect for Cultural Property
The Federation of Bosnia and Herzegovina’s Criminal Code (1998), in a part dealing with “Criminal offences against humanity and international law”, provides:
(1) Whoever, in violation of the rules of international law at the time of war or armed conflict, destroys cultural or historical monuments, buildings or establishments devoted to science, art, education or humanitarian purposes, shall be punished …
(2) If a clearly distinguishable object, which has been under special protection of international law as the people’s cultural and spiritual heritage, has been destroyed by an act defined in paragraph 1 of this Code, the perpetrator shall be punished [more severely]. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Article 164.
Bosnia and Herzegovina’s Criminal Code (2003) states:
(1) Whoever, in violation of the rules of international law in time of war or armed conflict, destroys cultural, historical or religious monuments, buildings or establishments devoted to science, art, education, humanitarian or religious purpose,
shall be punished by imprisonment for a term of between one and ten years.
(2) If a clearly distinguishable object, which has been under special protection of the international law as people’s cultural and spiritual heritage, has been destroyed by the criminal offence referred to in paragraph 1 of this Code, the perpetrator shall be punished by imprisonment for a term of not less than five years. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 183; see also Articles 173(2)(a) and (b) and 179(2)(d).
The Report on the Practice of Bosnia and Herzegovina notes that members of the forces of the Republic of Bosnia and Herzegovina “did not commit any criminal acts of endangering cultural and religious facilities” during the conflict in the former Yugoslavia. It gives as an example the order issued by the Commander-in-chief on 17 December 1993 allowing Catholic priests unimpeded passage to visit the Franciscan monastery in Fojnica. The report further recalls another order issued by the same commander on 30 June 1994 that the facility in Guca Gora be emptied, secured and prepared to be handed over to Catholic priests. 
Report on the Practice of Bosnia and Herzegovina, 2000, Chapter 4.3.
In its oral pleadings before the ICJ in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro) in 2006, the agent for Bosnia and Herzegovina stated:
Under the Hague Regulations and customary international law, institutions dedicated to religion are protected. This protection is restated in both Additional Protocols I and II to the Geneva Conventions. This protection can be lost if the buildings are used for military purposes, but I intend to show you during the course of my pleadings on this subject that the destruction was very often carried out in places which were under Bosnian Serb control and thus the fighting for control of those places had indeed stopped. 
Bosnia and Herzegovina, Oral pleadings before the ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide case (Bosnia and Herzegovina v. Serbia and Montenegro), 1 March 2006, Verbatim Record CR 2006/5, p. 45, § 4.