Bosnia and Herzegovina
Practice Relating to Rule 55. Access for Humanitarian Relief to Civilians in Need
Bosnia and Herzegovina’s Criminal Code (2003) lists the following as a crime against humanity:
(1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with knowledge of such an attack, perpetrates any of the following acts:
The Criminal Code defines the term “extermination” as including: “the intentional infliction of conditions of life, especially deprivation of access to food and medicines, calculated to bring about the destruction of part of a population”.
In an appeal in 1992, the Presidency of the Republika Srpska of Bosnia and Herzegovina declared: “We shall make efforts to provide, as soon as possible, conditions for operations of the Red Cross and of other humanitarian organizations.”
In its Application Instituting Proceedings 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 1993, Bosnia and Herzegovina:
requests the court to adjudge and declare …:
That Yugoslavia (Serbia and Montenegro) and its agents and surrogates are under an obligation to cease and desist immediately from its breaches of the foregoing legal obligations, and is under a particular duty to cease and desist immediately:
- from the interruption of, interference with, or harassment of humanitarian relief supplies to the citizens of Bosnia and Herzegovina by the international community.