Abstract (eng)
The international sanction of war crimes connected with the “New Wars” discourse inaugurates an explosive dimension of global political and judicial instability because it highlights the backwardness of international law in relation to the present nature of war and massive acts of violence against civilians. This further reveals the inability of the international community to intervene effectively and prevent such atrocities. Deficits of both national and international jurisdiction will be demonstrated by contrasting the existing options for sanctioning war crimes under international law with the nature of “New Wars”. The condition of Bosnia and Herzegovina provides a basis for empirical illustration of barriers to international reactivity and jurisdiction that arise out of a “New War”, regarding serious breaches of international law. Results of national and international prosecution and conviction of war crimes in the case of Bosnia and Herzegovina emphasise, firstly, the need for an adaptation of international law to the current state of war, and secondly, for a main prevention and restoration strategy to best counter “New Wars”.