SUPREMACIJA MEĐUNARODNOG KRIVIČNOG PRAVA NAD DOMAĆIM PRAVOM BIH: TEORIJA I PRAKSA NA PRIMJERU MEĐUNARODNOG SUDA U HAAGU
SUPREMACY OF THE INTERNATIONAL CRIMINAL LAW OVER THE DOMESTIC LAW OF BOSNIA AND HERZEGOVINA : THEORY AND PRACTICE IN CASE OF THE INTERNATIONAL COURT

Summary/Abstract: In this paper, I analyse the characteristics of the international criminal law as a part of the public international law and as a specific research discipline, as well as the characteristics of the relationship between the international criminal law and the criminal law in Bosnia and Herzegovina. This paper reviews the historical-juridical position of the international criminal law through the debate on its theoretical and political status, and the practical implications and effectiveness of this type of legal system, which is the subject of analysis about the complex ways the International Tribunal in The Hague is functioning. On the other hand, the character of the dominant influence of the international criminal law on the legal structure is discussed, as well as functioning of the criminal law of Bosnia and Herzegovina and, in general, of the complex domestic legal system. The paper’s thesis is that despite the legal heteronomity and the redistributive criminal justice legislation, international criminal law exists, and that it is in the fundamental relationship with the international criminal justice system as an ambient of coordination and coherent functioning of the criminal legal norms at the global level.

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