Bosnia and Herzegovina
Bosnia and Herzegovina has detailed counterterrorism provisions in its criminal code that cover a range of offences committed to seriously intimidate the population or compel conduct by the authorities or seriously destabilize the fundamental structure of the State. There is no carve-out for the exercise of certain fundamental human rights.
The Definition of Terrorism in Domestic Law
Terrorism is defined in the Criminal Code of Bosnia and Herzegovina as a series of predicate offences perpetrated
with the aim of seriously intimidating a population or unduly compelling the Bosnia and Herzegovina authorities, government of another state or international organisation to perform or abstain from performing any act, or with the aim of seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of Bosnia and Herzegovina, of another State or international organisation.Art. 201(1), Criminal Code of Bosnia and Herzegovina.
The definition of a terrorist act is as follows:
one of the following acts which, given its nature or its context, may cause serious damage to a State or international organisation:
a) Attack upon person’s life, which may cause death;
b) Attack upon the physical integrity of a person;
c) Unlawful confinement of, keeping confined or in some other manner depriving another of the freedom of movement, or restricting it in some way, with the aim to force him or some other person to do or to omit or to bear something (kidnapping) or taking of hostages;
d) Causing a great damage to facility of Bosnia and Herzegovina, facility of government of another State or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss;
e) Hijacking of aircraft, ships or other means of public or goods transport;
f) Manufacture, possession, acquisition, transport, supply, use of or training for the use of weapons, explosives, nuclear, biological or chemical weapons or radioactive material, as well as research into, and development of, biological and chemical weapons or radioactive material;
g) Releasing dangerous substances, or causing fire, explosion or floods the effect of which is to endanger human life;
h) Interfering with or disrupting the supply of water, power or any other fundamental natural resource the effect of which is to endanger human life;
i) Threatening to perpetrate any of the acts referred to in items a) to h) of this paragraph.Art. 201(5), Criminal Code of Bosnia and Herzegovina.
Adherence to Global and Regional Terrorism Treaties
Bosnia and Herzegovina is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Bosnia and Herzegovina is a State Party to several of the European treaties on terrorism but is only a signatory to the 2003 Protocol amending the European Convention on the Suppression of Terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | Signatory |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Bosnia's Criminal Code lays down a series of punishments for terrorist acts that are, in general, lighter than many other countries.
The commission of a terrorist act (a series of predicate offences committed with the aim of seriously intimidating a population or unduly compelling conduct by the authorities, the government of another state, or an international organisation, or with the aim of seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of Bosnia and Herzegovina, of another state or international organisation, shall be punished by imprisonment for a term not less than five years.Art. 201(1), Criminal Code of Bosnia and Herzegovina.
The predicate offences include attacks on a person; kidnapping; hijacking, offences linked to weapons of mass destruction; causing great damage to government facilities or the transportation system, or private property, where it is likely to endanger human life or result in major economic loss; interfering with or disrupting the supply of water or power; or threatening to perpetrate any of these acts.Art. 201(5), Criminal Code of Bosnia and Herzegovina.
If death of one or more people results from the offence, the perpetrator is punished by imprisonment for not less than eight years.Art. 201(2), Criminal Code of Bosnia and Herzegovina.
If in the course of the offence the perpetrator intentionally deprived another person of his life, the punishment is not less than ten years or "long-term" imprisonment.Art. 201(3), Criminal Code of Bosnia and Herzegovina.
Procuring or preparing any means for the perpetration of a terrorist offence carries a prison sentence of between one and ten years.Art. 201(4), Criminal Code of Bosnia and Herzegovina.
Also criminalized are funding terrorism, encouraging terrorist acts in public, recruiting terrorists, training for terrorist acts, and organising terrorist groups.Art. 202(a) to (d), Criminal Code of Bosnia and Herzegovina.
Counterterrorism Capacities and Policies at Domestic Level
A range of law enforcement entities are trained in counterterrorism operations in Bosnia and Herzegovina: the State Investigation and Protection Agency (SIPA), Republika Srpska's Special Anti-Terrorist Unit (RS CAJ), and the Federal Ministry of Interior Special Service Unit (FMUP SSU).
Glossary
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