Obligation de coopérer

Bosnie-Herzégovine

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 - Criminal Procedure Code 2001 (2018) EN

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.

Chapter 30 Procedure to Render International Legal Aid and to Enforce International Agreements in Criminal Matters

Article 407

General Provisions

International aid in criminal matters shall be rendered under the provisions of this Code, unless otherwise prescribed by the legislation of Bosnia and Herzegovina or an international agreement.

Chapter 30 Procedure to Render International Legal Aid and to Enforce International Agreements in Criminal Matters

Article 409

Actions following the Request of Foreign Authorities

When the competent Ministry of Bosnia and Herzegovina receives a request of a foreign authority for legal aid, it shall be obligated to communicate such request to the Prosecutor, if the legal aid in question falls under the jurisdiction of the Court.

The Prosecutor and the Court shall decide as to the permissibility of and manner to carry out actions requested by the foreign authority in accordance with their competencies and under the legislation of Bosnia and Herzegovina.

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).

Statut de Rome

Article 86 Obligation générale de coopérer

Conformément aux dispositions du présent Statut, les États Parties coopèrent pleinement avec la Cour dans les enquêtes et poursuites qu'elle mène pour les crimes relevant de sa compétence.