SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Terrorism
Article 201

(1) Whoever perpetrates a terrorist act with the aim of seriously intimidating a population or unduly compelling the Bosnia and Herzegovina authorities, government of another state or international organisation to perform or abstain from performing any act, or with the aim of seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of Bosnia and Herzegovina, of another state or international organisation,
shall be punished by imprisonment for a term not less than five years.
(2) If the death of one or more people resulted from perpetration of the criminal offence referred to in paragraph 1 of this Article, the perpetrator
shall be punished by imprisonment for a term not less than eight years.
(3) If in the course of the perpetration of the criminal offence referred to in paragraph 1 of this Article the perpetrator intentionally deprived another person of his life, he
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.
(4) Whoever procures or prepares any means of, or removes an obstacle to, or undertakes any other act to create conditions for, the perpetration of the criminal offence under Paragraph (1) of this Article, shall be punished by a prison sentence between one and ten years.
(5) A terrorist act, in terms of this Article, means one of the following acts which, given its nature or its context, may cause serious damage to a state or international organisation:
a) Attack upon person’s life, which may cause death;
b) Attack upon the physical integrity of a person;
c) Unlawful confinement of, keeping confined or in some other manner depriving another of the freedom of movement, or restricting it in some way, with the aim to force him or some other person to do or to omit or to bear something (kidnapping) or taking of hostages;
d) Causing a great damage to facility of Bosnia and Herzegovina, facility of government of another state or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property, likely to endanger human life or result in major economic loss;
e) Kidnapping of aircraft, ships or other means of public or goods transport;
f) Manufacture, possession, acquisition, transport, supply, use of or training for the use of weapons, explosives, nuclear, biological or chemical weapons or radioactive material, as well as research into, and development of, biological and chemical weapons or radioactive material;
g) Releasing dangerous substances, or causing fire, explosion or floods the effect of which is to endanger human life;
h) Interfering with or disrupting the supply of water, power or any other fundamental natural resource the effect of which is to endanger human life;
i) Threatening to perpetrate any of the acts referred to in items a) to h) of this paragraph.


Funding of Terrorist Activities
Article 202

(1) Whoever by any means, directly or indirectly, provides or collects funds with the aim to use them or knowing that they are to be used, in full or in part, in order to perpetrate:
a) the criminal offence referred to in the following Articles of this Code: 191 (Taking of Hostages), 192 (Endangering Internationally Protected Persons), 194 (Illicit Procurement and Disposal of Nuclear Material), 194a (Endangering Nuclear Facilities), 196 (Piracy), 197 (Hijacking an Aircraft or a Ship or Seizing a Fixed Platform), 198 (Endangering the Safety of Air Traffic and Maritime Navigation or Fixed Platforms), 199 (Destruction and Removal of Signal Devices Utilised for the Safety of Air Traffic), 200 (Misuse of Telecommunication Signals), 201 (Terrorism), 202a (Encouraging Terrorist Activities in Public), 202b (Recruitment for Terrorist Activities), 202c (Training to Perform Terrorist Activities);
b) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking active part in the hostilities in an armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel the authorities of Bosnia and Herzegovina or any other authorities or an international organisation to perform or to abstain from performing any act, shall be punished by imprisonment of not less than three years.
(3) The funds collected for the perpetration or obtained as a result of the perpetration of the criminal offence under paragraph (1) of this Article shall be confiscated.


Encouraging Terrorist Activities in Public
Article 202a

Whoever publicly, through the media, disseminates or otherwise sends out a message to the public with the aim of encouraging another person to perpetrate the criminal offences referred to in the following Articles of this Code: 191 (Taking of Hostages), 192 (Endangering Internationally Protected Persons), 194 (Illicit Procurement and Disposal of Nuclear Material), 194a (Endangering Nuclear Facilities), 196 (Piracy), 197 (Hijacking an Aircraft or a Ship or Seizing Fixed Platforms), 198 (Endangering the Safety of Air Traffic and Maritime Navigation or Fixed Platforms), 199 (Destruction and Removal of Signal Devices Utilised for the Safety of Air Traffic), 200 (Misuse of Telecommunication Signals), 201 (Terrorism), 202 (Funding of Terrorist Activities), 202b (Recruitment for Terrorist Activities), 202c (Training to Perform Terrorist Activities) and 202d (Organising a Terrorist Group), shall be punished by a prison sentence of not less than three years;


Recruitment for Terrorist Activities
Article 202b.

Whoever recruits or incites another person to perpetrate or participate, or assist in the perpetration, or join a terrorist group for the purpose of perpetrating any of the criminal offences referred to in the following Articles of this Code: 191 (Taking of Hostages), 192 (Endangering Internationally Protected Persons), 194 (Illicit Procurement and Disposal of Nuclear Material), 194a (Endangering Nuclear Facilities), 196 (Piracy), 197 (Hijacking an Aircraft or a Ship or Seizing a Fixed Platform), 198 (Endangering the Safety of Air Traffic and Maritime Navigation or Fixed Platforms), 199 (Destruction and Removal of Signal Devices Utilised for the Safety of Air Traffic), 200 (Misuse of Telecommunication Signals), 201 (Terrorism), 202 (Funding of Terrorist Activities), 202a (Encouraging Terrorist Activities in Public) and 202c (Training to Perform Terrorist Activities), shall be punished by a prison sentence of not less than three years.


Training to Perform Terrorist Activities
Article 202c

(1) Whoever trains another person to manufacture or use explosives, fire arms or other weapons or harmful or
dangerous materials or explosive devices, or otherwise trains another person in specific methods, techniques or skills with the purpose of perpetrating any of the criminal offences referred to in the following Articles of this Code: 191 (Taking of Hostages), 192 (Endangering Internationally Protected Persons), 194 (Illicit Procurement and Disposal of Nuclear Material), 194a (Endangering Nuclear Facilities), 196 (Piracy), 197 (Hijacking an Aircraft or a Ship or Seizing a Fixed Platform), 198 (Endangering the Safety of Air Traffic and Maritime Navigation or Fixed Platforms), 199 (Destruction and Removal of Signal Devices Utilised for the Safety of Air Traffic), 200 (Misuse of Telecommunication Signals), 201 (Terrorism), 202 (Funding of Terrorist Activities), 202a (Encouraging Terrorist Activities in Public) and 202b (Recruitment for Terrorist Activities),
shall be punished by a prison sentence of not less than three years.
(2) Whoever provides means for the training, or otherwise renders available a facility or a space, aware that they will be used for the perpetration of the criminal offence referred to in paragraph (1) of this Article,
shall be punished by the sentence foreseen in paragraph (1) of this Article.


Organising a Terrorist Group
Article 202d

(1) Whoever organises a terrorist group or otherwise unites a minimum of three individuals for the purpose of perpetration of the criminal offences referred to in the following Articles of this Code: 191 (Taking of Hostages), 192 (Endangering Internationally Protected Persons), 194 (Illicit Procurement and Disposal of Nuclear Material), 194a (Endangering Nuclear Facilities), 196 (Piracy), 197 (Hijacking an Aircraft or a Ship or Seizing a Fixed Platform), 198 (Endangering the Safety of Air Traffic and Maritime Navigation or Fixed Platforms), 199 (Destruction and Removal of Signal Devices Utilised for the Safety of Air Traffic), 200 (Misuse of Telecommunication Signals), 201 (Terrorism), 202 (Funding of Terrorist Activities), 202a (Encouraging Terrorist Activities in Public), 202b (Recruitment for Terrorist Activities) or 202c (Training to Perform Terrorist Activities),
shall be punished by a prison sentence of not less than five years.
(2) Whoever becomes a member of the group referred to in paragraph (1) of this Article or otherwise participates in the activities of a terrorist group, which includes providing financial or any other assistance,
shall be punished by a prison sentence of not less than three years.
(3) A member of the group referred to in paragraph (1) of this Article who discloses the group before participating in a criminal offence as its member or on its behalf,
shall be fined or punished by a prison sentence not exceeding three years, and may even be acquitted.