Obligation to cooperate

Bosnia and Herzegovina

Bosnia and Herzegovina - Constitution 1995 EN

CONSTITUTION OF BOSNIA AND HERZEGOVINA

Article II: Human Rights and Fundamental Freedoms

8. Cooperation

All competent authorities in Bosnia and Herzegovina shall cooperate with and provide
unrestricted access to: any international human rights monitoring mechanisms established for
Bosnia and Herzegovina; the supervisory bodies established by any of the international
agreements listed in Annex I to this Constitution; the International Tribunal for the Former
Yugoslavia (and in particular shall comply with orders issued pursuant to Article 29 of the
Statute of the Tribunal); and any other organization authorized by the United Nations Security
Council with a mandate concerning human rights or humanitarian law.

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN

PART ONE – GENERAL PROVISIONS

Article 3
(Jurisdiction to Carry out the Coordination Activities and to Enforce the Decisions of the
International Criminal Court)
(1) Requests for cooperation with the International Criminal Court and for the enforcement of decisions rendered by that Court shall be submitted to the Ministry of Justice of Bosnia and Herzegovina (hereinafter: the Ministry of Justice, if not otherwise stipulated by this law.
(2) Upon establishing that the request under paragraph 1 of this Article contains the data foreseen under the Rome Statute, the Ministry of Justice shall submit it to the competent state authority under paragraph 5 of this Article to act as foreseen under this Law and if the Ministry of Justice has established that the request does not contain necessary information, it shall return the request to the International Criminal Court to supplement or correct it.
(3) If a strict jurisdiction of some other authority is required to carry out some activities or if some other state authority may carry out some cooperation activities more easily, the Ministry of Justice shall transmit the request for cooperation or the decision of the International Criminal Court for enforcement to that authority.
(4) State authorities competent for the cooperation activities and enforcement of decisions of the International Criminal Court shall act without delay and with no postponement and notify the Ministry of Justice thereof.
(5) The authorities having jurisdiction for the cooperation activities and enforcement of the decisions of the International Criminal Code are: The Court of Bosnia and Herzegovina (hereinafter: the Court of BiH), the Prosecutor’s Office of Bosnia and Herzegovina (hereinafter: The BiH Prosecutor’s Office) and other authorities in accordance with the Criminal Procedure Code of Bosnia and Herzegovina (hereinafter: The Criminal Procedure Code).

Rome Statute

Article 86 General obligation to cooperate

States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.