NEKI ASPEKTI PRESUDE MAKTOUF I DAMJANOVIĆ PROTIV BIH
SOME ASPECTS OF THE JUDGMENT IN THE CASE OF MAKTOUF AND DAMJANOVIĆ V. BOSNIA AND HERZEGOVINA

Summary/Abstract: In the case of Maktouf and Damjanović v. Bosnia and Herzegovina the European Court of Human Rights held that there was a violation of Article 7 of the European Convention on Human Rights. Their suit argued that they should not have been sentenced under the 2003 BiH criminal code because it was not in force at the time their war crimes were committed. The question is will the ECHR’s Judgment in this case open the door to appeals for any BiH Court decisions in which either the criminal conduct at issue or the sentence imposed was set out under the 2003 Criminal Code. This paper will try to answer this question and the question what can BiH do to prevent new proceedings against itself before the European Court. The aim is to underline areas where it is necessary for BiH to make changes. Those changes will need to be made in the areas of judicial institutions, legislative acts, practices.

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