Battling the Eighth Stage: Incrimination of Genocide Denial in Bosnia and Herzegovina

Abstract

Denial is considered to be the eighth and the final stage of genocide. Facing this issue, many European Union countries have opted to incriminate genocide denial. Furthermore, with the aim of harmonising national legislations, Framework Decision No. 2008/913/JHA was adopted in 2008, obliging the Member States to incriminate “publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes”. Genocide and other crimes denial is still present in Bosnia and Herzegovina, even though the rulings of the International Court of Justice, the International Criminal Tribunal for the former Yugoslavia, and the Court of Bosnia and Herzegovina, have shown that genocide was committed over Bosnian Muslims, in July 1995 in Srebrenica and its surrounding areas, as well as other numerous crimes against humanity and war crimes across entire Bosnia and Herzegovina. From 2007 there have been a number of attempts to incriminate genocide denial at the state level in Bosnia, but all of them were unsuccessful due to the opposition by representatives of Republika Srpska. Finally, in 2014, the genocide denial was incriminated in the Criminal Code of Federation of Bosnia and Herzegovina as an act of encouraging “national, racial and religious hatred, rift and intolerance”.