With a week remaining in his tenure as High Representative in Bosnia and Herzegovina, Ambassador Valentin Inzko on Friday issued a decision purporting to amend the BiH Criminal Code to criminalize “the glorification of war criminals convicted by final and binding judgments and the denial of genocide, crimes against humanity and war crimes.”
The law would allow courts to impose prison sentences of up to five years on individuals for expression of these opinions.
Despite Mr. Inzko’s claims that his office gives him the authority to decree laws, Annex 10 of the Dayton Accords, which is the sole source of the High Representative’s legal mandate, does not bestow on the High Representative any such authority.
Mr. Inzko’s decree also violates the right of free expression explicitly guaranteed by Annex 4 of the Dayton Accords—the BiH Constitution—and the European Convention on Human Rights.
