Part 1 Basic Provisions
Chapter 4 Jurisdiction of the Court
Section 1 Subject-Matter Jurisdiction and Composition of the Court
Article 23
Subject-Matter Jurisdiction of the Court
The Court shall have jurisdiction to
(e) decide any issue relating to international and inter-Entity criminal law enforcement, including relations with Interpol and other international police institutions, such as decisions on the transfer of convicted persons, and on the extradition and surrender of persons, requested from any authority in the territory of Bosnia and Herzegovina, by foreign states or international courts or tribunals;
carry out other tasks as stipulated by law.
Part 1 Basic Provisions
Chapter 4 Jurisdiction of the Court
Section 3 Transfer of Jurisdiction and Consequences of Lack of Jurisdiction
Article 27
Transfer of Jurisdiction
If there are strong reasons, The Court may transfer theconduct of the proceedings for a criminal offense falling within its jurisdiction to the competent Court in whose territory the offense was committed or attempted. The conduct of the proceedings may be transferred not later than the day the main trial is scheduled to begin.
PART TWO – CRIMINAL PROSECUTION IN BOSNIA AND HERZEGOVINA
Article 9
(Jurisdiction to Act)
(1) The BiH Prosecutor’s Office and the Court of BiH have jurisdiction to conduct the criminal proceedings against the perpetrators of criminal offences under Article 1 of this Law.
(2) The International Criminal Court has jurisdiction to conduct the criminal proceedings against the perpetrators of the criminal offences under Article 1 of this Law if the Prosecutor’s Office of BiH and the Court of BiH had jurisdiction to act provided that the requirements under Article 17 of the Rome Statute have been met.
PART TWO – CRIMINAL PROSECUTION IN BOSNIA AND HERZEGOVINA
Article 10
(Reporting of the Criminal Offence)
(3) If the criminal proceedings cannot be initiated in Bosnia and Herzegovina on actual or legal grounds, the Prosecutor of the Prosecutor’s Office of BiH shall notify the Ministry of Justice thereof, which, in accordance with Article 14 of the Rome Statute, shall report to the Prosecutor of the International Criminal Court the perpetration of the criminal offence under the jurisdiction of that Court.
Chapter 3 Application of Criminal Jurisdiction of Bosnia and Herzegovina
Article 8
(1) The criminal legislation of Bosnia and Herzegovina shall apply to anyone who perpetrates a criminal offence within its territory.
(2) The criminal legislation of Bosnia and Herzegovina shall apply to anyone who perpetrates a criminal offence aboard a domestic vessel, regardless of its location at the time of perpetration of the offence.
(3) The criminal legislation of Bosnia and Herzegovina shall apply to anyone who perpetrates a criminal offence aboard a domestic civil aircraft while in flight, or aboard a domestic military aircraft, regardless of its location at the time of perpetration of the offence.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.