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APPLICATION OF ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT IN BOSNIA AND HERZEGOVINA AND COOPERATION OF BOSNIA AND HERZEGOVINA WITH THE INTERNATIONAL CRIMINAL COURT

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Vladimir M. Simović

District Court of Banja Luka
Faculty for Security and Protection, Banja Luka

Marina M. Simović-Nišević

Indirect Tax Administration of BiH, Sarajevo

Summary

The International Criminal Court is an international court based in The Hague, established in the Rome Statute, which entered into force on 1 July 2002. That court is the authority responsible for international trials for crimes committed in the territory or by nationals of countries that have joined the Court. Statute of the Court has multiple meanings for the development of international criminal law. It is particularly important because for the first time the provisions of general and special part of substantive criminal law may be found in one place in the international law document. Given that the jurisdiction of the International Criminal Court is of subsidiary character, and that the national judiciary has the advantage in the conduct of the proceedings for the crimes within jurisdiction of this court, only if there is any reason explicitly provided in the Rome Statute, the proceedings are conducted before the International Criminal Court.

This law regulates the procedures of the competent authorities in Bosnia and Herzegovina in implementing the Rome Statute, and issues of cooperation and assistance to the International Criminal Court. The law in-cludes: general provisions, the criminal prosecution in Bosnia and Herzegovina, the legal consequences of the proceedings before the International Criminal Court, the cooperation with the International Criminal Court, detention, arrest and surrender, execution of judgments and other decisions of the International Criminal Court, the work of the Assembly of States Parties and other bodies of International Criminal Court and the transitional and final provisions.

Adoption of the Law on Implementation of the Rome Statute of the International Criminal Court and cooperation of BH with the International Criminal Court is aimed at achieving a balance between the requirements of criminal proceeding before a court established by the Rome Statute and the necessary restrictions in cooperation with the Court arising out of the sovereignty of BiH. This is the law enforcement of the Rome Statute that have passed and all the other Member States of the Rome Statute. It is an important part in the inclusion of BiH into the world family of states seeking principles of justice of modern times, as well as an important factor in establishing the rule of law and implementation of international obligations. This law is important in the establishment of harmony, tolerance and peace among people. There is no real progress without real justice and peace among people.

Key words: Тhe International Criminal Court; The Rome Statute; Assembly of States Parties; Detention, arrest and surrender.
 

Vladimir M. Simović, vlado_s@blic.net.