Kažnjavanje za ratne zločine počinjene u Bosni i Hercegovini
Sentencing war crimes committed in Bosnia and Herzegovina

Summary/Abstract: This research paper addresses the purpose of sentencing and thesentences enforced in order to achieve that purpose in the cases ofwar crimes committed in Bosnia and Herzegovina. The paper aimsto research the practice used in defining the purpose of sentencing,by courts that have jurisdiction in prosecution of war crimes committedin Bosnia and Herzegovina, as well as legislative and judicialpolicy which these courts considered adequate to obtain the purposeof sentencing.In prosecution of war crimes that took place in Bosnia and Herzegovina,the International Criminal Tribunal for the former Yugoslaviasets retribution and deterrence as the purpose of sentencing prior torehabilitation and protection of society, while the Court of Bosnia andHerzegovina, with consideration of legislative norms, sets social condemnation,specific and general prevention and victims satisfaction asthe purpose of sentencing. As the crown of their efforts, the Court ofBosnia and Herzegovina stresses the intention to initiate reconciliationprocess on this territory as the purpose of prosecution of war crimes.A small number of concluded proceedings, the possibility, and actualsentencing, of a longer sentence for the crime against humanity thanfor the crime of genocide, data that forty percent of the sentencedhave received a sentence under the legal minimum set for the crimescommitted and victims dissatisfaction with sentences in ninety percentof the examinees in an earlier research are all indicators thatsentencing policy for war crimes is inadequate. Moreover, these factsindicate the need for further research in order to determine adequacyof sentencing policy in the cases of war crimes and the actions towardsits improvement.

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