СУЂЕЊЕ ЗА МЕЂУНАРОДНА КРИВИЧНА ДЈЕЛА НАКОН ПРЕСУДЕ ЕСЉП У ПРЕДМЕТУ МАКТОУФ-ДАМЈАНОВИЋ
TRIAL FOR INTERNATIONAL CRIMINAL OFFENSES AFTER THE VERDICT OF THE ECJ IN THE MAKTOUF-DAMJANOVIĆ CASE

Summary/Abstract: The paper discusses the issue of the application of the rule of temporal validity of criminal laws in trials for international criminal offenses by the courts in Bosnia and Herzegovina after the ECtHR verdict in the Maktouf-Damjanović case (July 18, 2013), which found a violation of the provision from Article 7, paragraph 1. ECHR. In doing so, the author specifically discusses the understanding according to which this judgment has removed all misunderstandings regarding the application of the aforementioned rules, and takes the position that such an understanding is not founded, while pointing to a number of other open problems in the application of the aforementioned rules even after the aforementioned judgment. Special attention in the paper is devoted to the incrimination of Crime against humanity from Article 172 of the CC of BiH, which the Court of BiH applies as a new criminal offense based on Article 7, paragraph 2 of the ECHR. The author believes that such an application of this incrimination is not founded, and by analyzing the criminal law nature of the legal entity of this criminal offense, he concludes that it is not basically a new criminal offense, and that therefore its criminality cannot be derived or based on this provision, that is, on the general principles of international

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