Valentin Inzko, the High Representative in Bosnia and Herzegovina, imposed amendments to the Criminal Code of Bosnia and Herzegovina, which prohibit and punish the denial of genocide.
The following law, which forms an integral part of this decision, shall enter into force eight days after the publication of this decision, namely on Saturday, July 31, on a provisional basis, until the Parliamentary Assembly of Bosnia and Herzegovina adopts it in the same form, without amendments and without additional conditions.
This decision will be immediately published on the official website of the Office of the High Representative and in the Official Gazette of Bosnia and Herzegovina.
The text of the changes to the Criminal Code imposed by Inzko now read :
In the Criminal Code of Bosnia and Herzegovina, in Article 145a, after paragraph (1), new paragraphs (2) to (6) are added, which read:
“(2) Whoever publicly incites violence or hatred directed against a group of persons or a member of a group determined with regard to race, skin color, religion, origin or national or ethnic affiliation, if such behavior does not constitute a criminal offense from paragraph (1) of this article,
shall be punished by imprisonment from three months to three years.
(3) Whoever publicly approves, denies, grossly minimizes or tries to justify the crime of genocide, crime against humanity or war crime determined by a final judgment in accordance with the Charter of the International Military Tribunal attached to the London Agreement of August 8, 1945 or the International Criminal Tribunal for the former Yugoslavia or the International Criminal Court or the court in Bosnia and Herzegovina, and is directed against a group of persons or a member of a group determined with regard to race, skin color, religion, origin or national or ethnic affiliation, and in a manner that could incite violence or hatred directed against such a group of persons or a member of such a group, shall be punished by a prison sentence of six months to five years .
(4) Whoever commits the criminal offense referred to in paragraphs (1) to (3) of this Article by making leaflets, pictures or other materials available to the public or distributing them to them, shall be punished by imprisonment for a term of at least one year.
(5) If the criminal offense referred to in paragraphs (1) to (3) of this article was committed in a way that could disturb public order and peace or is threatening, abusive or insulting, the perpetrator shall be punished by a prison sentence of at least three years.
(6) Whoever grants recognition, award, monument, any reminder or any privilege or the like to a person convicted by a final verdict for genocide, a crime against humanity or a war crime, or names a public object such as a street, square, park, bridge, institution, institution, municipality or city, settlement and inhabited place, or the like, or registers a name after or after a person convicted by a final verdict for genocide, a crime against humanity or a war crime, or in any way glorifies a convicted person by a final verdict for genocide, crime against humanity or war crime, shall be punished by a prison sentence of at least three years.”
Paragraph (2), which becomes paragraph (7), is amended to read: “(7) The perpetrator of the criminal offense referred to in paragraphs (1) to (4) of this article, who is an official or responsible person or employee in a government institution or any body financed through the public budget, shall be sentenced to a prison sentence of at least three years.”
Reasoning for the decision
“Using the powers given to me by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Treaty) of the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in the country regarding the interpretation of the aforementioned Agreement on Civilian Implementation of the Peace Treaty; and especially taking into account Article II. 1. (d) of the aforementioned agreement, according to which the High Representative provides assistance, when deemed necessary, in finding solutions to any problems that arise in connection with civilian implementation,” says Inzko.
Referring to paragraph XI.2 of the Conclusions of the Peace Implementation Council, which met in Bonn 9. and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative’s intention to use his final authority in the country regarding the interpretation of the Agreement on the Civilian Implementation of the Peace Agreement to assist in finding solutions to problems, as previously stated, “by taking binding decisions, when he deems it necessary”, on certain issues, including (in accordance with subparagraph (c) of this paragraph) “measures for the purpose of ensuring the implementation of the Peace Agreement throughout the territory of Bosnia and Herzegovina and its Entities”;
Recalling also that the United Nations Security Council has repeatedly reaffirmed in its resolutions adopted under Chapter VII of the Charter of the United Nations that the role of the High Representative as the final authority in the country for the implementation of Annex 10 of the Dayton Peace Agreement includes “the authority to take binding decisions when he deems it necessary on matters considered by the Peace Implementation Council in Bonn” 9. and December 10, 1997″;
Bearing in mind the statement of the Steering Committee of the Peace Implementation Council adopted in June 2015, in which this committee confirmed that the genocide in Srebrenica, war crimes and crimes against humanity committed during the conflict in Bosnia and Herzegovina must not be forgotten or denied;
Noting that the preamble to the Constitution of Bosnia and Herzegovina, which forms an integral part of the General Framework Agreement for Peace, expresses the determination “to ensure full respect for international humanitarian law;”
Recalling that the United Nations Security Council in Resolution 808 (1993), which established the International Criminal Tribunal for the former Yugoslavia, expressed its conviction that it is necessary to establish a special court for the prosecution of persons who have committed mass murders and “ethnic cleansing” and that such prosecutions will contribute to the restoration and maintenance of peace;
Referring to the final verdicts of the International Criminal Tribunal for the former Yugoslavia and the final verdicts of the War Crimes Department.
Aware of the fact that there can be no reconciliation without recognition of crimes and responsibility, and that hate speech, glorification of war criminals and revisionism or outright denial of genocide, crimes against humanity and war crimes established by final court decisions threaten the rule of law and represent a direct obstacle to peace, reconciliation and trust-building, and ultimately jeopardize the prospects for a secure, peaceful future for Bosnia and Herzegovina;
Deeply concerned that prominent individuals and public authorities in Bosnia and Herzegovina continue to deny that acts of genocide, crimes against humanity and war crimes were committed during the armed conflict, that individuals and authorities publicly question the legitimacy of judgments rendered by the International Criminal Tribunal for the former Yugoslavia and the Court of Bosnia and Herzegovina, and that individuals and authorities celebrate or glorify convicted war criminals;
Convinced that the above-described conduct creates significant difficulties for the civilian implementation of the General Framework Agreement for Peace; and
Noting that all legislative initiatives launched before the Parliamentary Assembly of Bosnia and Herzegovina to resolve this issue have been blocked.
For the reasons previously set out, the High Representative hereby issues a decision enacting the Law Amending the Criminal Code of Bosnia and Herzegovina.
Source: klix.ba
