GOVOR MRŽNJE I NEGIRANJE GENOCIDA U KONTEKSTU SLOBODE IZRAŽAVANJA – MEĐUNARODNOPRAVNI OKVIR I RELEVANTNE ODREDBE KRIVIČNOG ZAKONODAVSTVA U BOSNI I HERCEGOVINI
HATE SPEECH AND GENOCIDE DENIAL IN THE CONTEXT OF FREEDOM OF EXPRESSION – INTERNATIONAL LEGAL FRAMEWORK AND RELEVANT CRIMINAL LEGISLATION IN BOSNIA AND HERZEGOVINA

Summary/Abstract: Hate speech is certainly one of the most prevalent phenomena in the globalized society we are witnessing. New means of communication have drastically accelerated the flow of information, without the possibility of adequate and timely “filtering” of content released to the public, which often represents a classic abuse of freedom of expression and causes intolerance towards minority social groups. International law has tried to suppress hate speech and protect “vulnerable” groups around the world through a series of international treaties (such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights). Today, many of these legal acts are a part of the legal system of Bosnia and Herzegovina, as well as its entities. In this context, the caselaw of the European Court of Human Rights is of immeasurable importance. On the other hand, the current criminal legislation in Bosnia and Herzegovina has indirectly criminalized hate speech, with a major omission being that there is still no clear definition of hate speech in domestic legislation. Also, the Office of the High Representative has recently used his power to impose amendments to the country’s criminal code to ban the denial of genocide and the glorification of war criminals – which caused the unprecedented political crisis in Bosnia and Herzegovina.

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