GENOCID U MEĐUNARODNOM KRIVIČNOM PRAVU I KRIVIČNOM PRAVU BOSNE I HERCEGOVINE
GENOCIDE IN INTERNATIONAL CRIMINAL LAW AND CRIMINAL LAW OF BOSNIA AND HERZEGOVINA

Summary/Abstract: The term genocide was adopted by the Resolution no. 96 of 2th December 1946 at the session of the UN General Assembly, which condemns it as a crime under international law and invites the members states to enact the necessary legislation for the prevention and punishment of this crime and recommends international cooperation be organized with a view to facilitate the speedy prevention and punishment. Although it places an emphasis on individual responsibility and prosecuting of accused individuals, the UN Convention on Prevention and Punishment of the Crime of Genocide (1948) does not in any way exclude the responsibility of the states for genocide. In that regard, the states are imposed a triple obligation – they must not commit genocide, they must prevent it and they must punish it. Unlike ethnic cleansing, where the goal is to have the territory „cleaned“ from certain group of people, the goal of genocide is physical elimination. The competent authorities for the prosecution and punishment of genocide can be national courts of the parties to the conflict, international criminal courts or in principle national courts of universal jurisdiction of all states, since genocide, as any other international crime, concerns interests of the entire international community. For that reason all states must have right and obligation to criminally prosecute perpetrators of those crimes regardless of citizenship of the perpetrators and victims of the crime or place where the crime was committed. The correct approach for determining responsibility for genocide primarily consists of perceiving genocide as an international illegal act with all of the consequences it implies in terms of determining the existence of violation. This, in fact, places determination of responsibility for genocide into the legal framework that exists and for establishing other forms of violation of basic rules of international community. Authors, among other things, analyze the term of criminal offense of genocide, act of genocide and international law system and punishment of crime of genocide. Special attention was given to determining genocide intention in criminal legislation of Bosnia and Herzegovina, relation between genocide and crime against humanity and individual and command responsibility.

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