Hierarchy of Rules on International Judicial Cooperation: The Law of Bosnia and Herzegovina

Abstract

This study is focused on the law of Bosnia and Herzegovina with its specific problems in international judicial cooperation in criminal matters. In the international law, hierarchy of interstate agreements is accepted and recognized, although, in practice, it is not always understood in the best way. Therefore, as in the case of Bosnia and Herzegovina, domestic law is subsidiary in cases of conflicts with interstate agreements. Nevertheless, it plays an irreplaceable role, as a regulator of international judicial cooperation in support of interstate agreements by interpreting their provisions. This power of national legal provisions must be properly used.

International Legal Assistance for Crime-Related Confiscation (Some Ideas for Somalia)

“…In such cases, when the judicial authorities of a given country have more instruments, they need to find the applicable one. Usually, it is not a matter of our free choice; it is a matter of law, actually [10,11]. Thus, Article 26.1 of the European Convention on Mutual Assistance in Criminal Matters stipulates that -this Convention shall, in respect of those countries to which it applies, supersede the provisions of any treaties, conventions or bilateral agreements governing mutual assistance in criminal matters between any two Contracting Parties‖.…”