2003 | Criminal Procedure Code for Bosnia and Herzegovina

This Code is used by the War Crimes Chamber in the State Court of Bosnia and Herzegovina while an earlier criminal procedure code is used by the domestic courts within the Federation of BiH and the Republika Srpska.

Relevant provisions on the subject of reparations are Articles 86(10) and 258(4) which provide that the Court is obliged to invite witnesses and other injured parties to file compensation claims (relating to property only) if they wish to do so. Article 20(h) gives the definition of an Injured Party. Articles 195(4) and 198(2) cover the procedural aspects of filing and paying claims. The latter provides that the Court may award the injured party the entire claim. However these provisions pertain exclusively to claims under Property Law.

The ICTJ 2008 report below documents how poorly these provisions have been observed in practice.