State of Emergency in the Case of Bosnia and Herzegovina

Abstract

From the analysis of derogation human rights so far, it is clear that there were many cases tn Europe of application of article 15. actually article 4 of the UN Pact, from the adoption of European Convention up to today, and that all of them have been treated not only as practical legal problems, but also as theoretical problems. The only case of application of constitutional acts on the state of emergency, that urfortunately has not been mentioned in European or national literature, is the case of the state of emergency in the Republic of Bosnia and Herzegovina during the war 1992/1995. Acceptance of BiH in the Council of Europe reviewed the obligation of BiH to adjust its Constitution with European convention for the protection of human rights and to enter articles about the behavior of the state and its relation towards human rights protection in the state of emergency.