The Application of the BiH Criminal Code
The application of the BiH Criminal Code of 2003 to cases transferred by the ICTY to the authorities of BiH, as well its application to other war crimes cases on the basis of Article 4.a of the BiH Criminal Code, constitutes a useful tool for the adjustment of crimes charged under the ICTY Statute to prosecutions at the domestic level and does not violate the principle of non-retroactivity as enshrined in Article 7(1) of the ECHR.2564
Footnotes
See Constitutional Court of BiH, Decision of 30 March 2007, AP 1785/06 [Abduladhim Maktouf], paragraphs 70-79; Court of BiH, Appellate Division, Decision of 4 April 2006, Case No.: KPZ 32/05 [case against Abduladhim Maktouf], Court of BiH, Appellate Division, Decision of 13 June 2007, Case No.: X-KRZ-05/51 [case against Dragan Damjanović]; Court of BiH, Appellate Division, Decision of 13 December 2006, Case No.: X-KRZ 05/49 [case against Neđo Samardzić]; Court of BiH, Appellate Division, Decision of 28 March 2007, Case No.: X-KRZ-05/70 [case against Radovan Stanković]; Court of BiH, Appellate Division, Decision of 23 October 2007, Case No.: X-KRZ-05/161 [case against Gojko Janković].