Disturbed precedenting of the law in practice of the court of Bosnia and Herzegovina
Disturbed precedenting of the law in practice of the court of Bosnia and Herzegovina

Summary/Abstract: The subject of this paper is one model developed in practice of the Court of Bosnia and Herzegovina, and it is related to unconstitutional retroactive implementation of incrimination crimes against humanity. Foundations of this problem are laid in the decisions of Hague Tribunal, and then in the decisions of the European Court for Human Rights. These decisions are afterwards accepted without any critique in practice of the Court of Bosnia and Herzegovina in criminal proceedings led regarding this incrimination. This is the model of disturbed precedenting of the law. In the paper this problem has been clarified by the author on one case from the Court practice, which unfortunately is not the only example in reality. The essence of this problem is in the Court sentencing verdicts reached against individuals. Namely, assertions that widespread and systematic attack against civilian population is carried out by the Army and Police of the Republic of Srpska are expounded in these verdicts, but not confirmed by valid proofs and arguments. This is the way for criminal sentencing of not only individuals (natural persons) but the Republic of Srpska as well, without enabling it to defend itself from such unfounded accusations. When the Court of Bosnia and Herzegovina is trying to find arguments for such verdicts in the decisions of the Hague Tribunal and in the decisions of the European Court of Human Rights, it is defective since decisions of these international institutions are defective as well. All this in final can cause serious consequences against the Republic of Srpska, which (these consequences) can be not only of criminal nature but of constitutional nature as well.

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