Crime of Incitement to National, Racial and Religion Based Hatred, Discord and Intolerance: Imprecision of Norm

The policy memo by Center for Social research Analitika identifies series of problems which negatively influences efficient prosecuting crime of incitement to national, racial and religion based hatred, discord and intolerance, which is nearly identically formulated in all four valid criminal laws in BiH.

Themes: Judiciary and Access to JusticeHuman Rights


By emphasizing some of the key challenges actors of criminal prosecution are facing when it comes to actual prosecution of these criminal acts – such as lack of basic terms definitions in criminal acts of  hate indictment in criminal laws of Bosnia and Herzegovina, or problem of imprecision over jurisdiction for prosecution of these criminal acts, memo provides series of recommendations with the aim to achieve greater level of clarity and harmonization in legal description of this criminal offence in valid criminal laws of BiH.
Recommendations are primarily intended for relevant legislative bodies in Bosnia and Herzegovina. 
The memo is prepared as part of the project “Prosecuting hate: Towards adoption and implementation of EU standards and best practices in combating hate crimes in BiH”, implemented by the Association of Prosecutors of Federation BiH and Center for Social Research Analitika, with support of the Royal Norwegian Embassy in Bosnia and Herzegovina.