DISTURBED PRECEDENTING OF THE LAW IN PRACTICE OF THE COURT OF BOSNIA AND HERZEGOVINA

The subject of this paper is one model developed in practice of theCourt of Bosnia and Herzegovina, and it is related to unconstitutional retroactiveimplementation of incrimination crimes against humanity. Foundationsof this problem are laid in the decisions of Hague Tribunal, andthen in the decisions of the European Court for Human Rights. These decisionsare afterwards accepted without any critique in practice of the Courtof Bosnia and Herzegovina in criminal proceedings led regarding this incrimination.This is the model of disturbed precedenting of the law. In thepaper this problem has been clarified by the author on one case from theCourt practice, which unfortunately is not the only example in reality. Theessence of this problem is in the Court sentencing verdicts reached againstindividuals. Namely, assertions that widespread and systematic attackagainst civilian population is carried out by the Army and Police of the Republicof Srpska are expounded in these verdicts, but not confirmed by validproofs and arguments. This is the way for criminal sentencing of not onlyindividuals (natural persons) but the Republic of Srpska as well, withoutenabling it to defend itself from such unfounded accusations. When theCourt of Bosnia and Herzegovina is trying to find arguments for such verdictsin the decisions of the Hague Tribunal and in the decisions of theEuropean Court of Human Rights, it is defective since decisions of these internationalinstitutions are defective as well. All this in final can cause seriousconsequences against the Republic of Srpska, which (these consequences)can be not only of criminal nature but of constitutional nature aswell.