Krivičnopravna kontrola Oružanih snaga Bosne i Hercegovine sa osvrtom na disciplinski postupak protiv vojnih lica
Military Criminal law in the Control of the Armed Forces of Bosnia and Herzegovina, With Reference zo Disciplinary Action Against Military Personnel

Summary/Abstract: In today’s democratic states, the armed forces are subject to multiple controls, both internal and external. External control consists of public control and the control exercised by the legislative, executive and judicial powers. Judicial authority, operating through of a range of judicial procedures, exercises control over every component of the security system by imposing sanctions on prohibited conduct that undermines security and/or violates the human rights and fundamental freedoms of members of the public, while in the domain of criminal law, control is exercised by means of the legally prescribed criminal proceedings relevant to the criminal offences committed. The legislation of Bosnia and Herzegovina covers a wide range of criminal offences against the armed forces, designed to protect both the integrity and interests of the military and the human rights of individual members of the armed forces from abuse by their superiors, whereby these provisions are also in the interests of security. In practice, however, despite these comprehensive legislative provisions, there are obstacles to the enforcement of this kind of judicial control of the armed forces, the reason for which could be sought in the lack of transparency that is still present in Bosnia and Herzegovina’s military organization.

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