РАЗВОЈ ИНКРИМИНАЦИЈЕ ЗЛОЧИНИ ПРОТИВ ЧОВЈЕЧНОСТИ
DEVELOPMENT OF CRIMINATION OF CRIMES AGAINST HUMANITY

Summary/Abstract: In the practice of the Court of Bosnia and Herzegovina related to the retroactive application of the incrimination of crimes against humanity, it was observed that the court stated that this incrimination was a criminal offense in the period from 1992 to 1995, both from the point of view of customary international law and from the point of view of the principles of international law. rights. That these claims are legally unfounded can best be seen by presenting the development of the incrimination of crimes against humanity, which is the subject of this work, as well as by connecting the history of this incrimination with the fact that it was not prescribed by the law that was in force at the time of the civil war in BiH, but was introduced by the Criminal Code of BiH from 2003. This latter law was passed after Bosnia and Herzegovina had previously ratified the Rome Statute of the International Criminal Court. In that statute, for the first time in human history, the constructions of a broad or systematic attack against the civilian population were prescribed, that is, knowledge of the existence of such an attack, as an essential element of the crime against humanity. As the development of this incrimination is shown to be closely related to its unconstitutional retroactive application by the Court of Bosnia and Herzegovina, which raises the issue of legality, the paper also presents the essence of this principle in criminal law.K reči: zločini protiv čovječnosti; široki napd; rasprostranjan napad; sistematičan napad; civilno stanovništvo; načelo zakonitosti; retroaktivna primjena prava;

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