Norma relacionada
Bosnia and Herzegovina
Practice Relating to Rule 99. Deprivation of Liberty
Section A. General
The Federation of Bosnia and Herzegovina’s Criminal Code (1998) provides that “illegal arrests and detention” are war crimes. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Article 154(1).
The Republika Srpska’s Criminal Code (2000) contains the same provision. 
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Article 433(1).
Bosnia and Herzegovina’s Criminal Code (2003) criminalizes the following acts as a crime against humanity:
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:
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 172(1)(e).
The Criminal Code also states that, in time of war, armed conflict or occupation, ordering or committing “unlawful confinements in concentration camps and other illegal arrests and detention”, in violation of international law, constitutes a war crime. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 173(1)(e).
In 2007, in the Janković case, the Appellate Panel of the Court of Bosnia and Herzegovina stated:
[I]n order to establish the crime of imprisonment as a crime against humanity, the following elements must be established: i) an individual is deprived of his or her liberty; ii) the deprivation of liberty is imposed arbitrarily, that is, no legal basis can be invoked to justify the deprivation of liberty; iii) the act or omission by which the individual is deprived of his or her physical liberty is performed by the accused or a person or persons for whom the accused bears criminal responsibility with the intent to deprive the individual arbitrarily of his or her physical liberty, or in the reasonable knowledge that his act or omission is likely to cause arbitrary deprivation of physical liberty … [T]he deprivation of physical liberty … imposed arbitrarily without any legal basis … constitutes the crime of imprisonment or other deprivation of liberty in violation of basic rules of international law. 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Janković case, Judgment, 23 October 2007, p. 14.