The Diplomatic Dimension of Criminal Justice: Protecting Bosnian and Herzegovinian Citizens Arrested and Convicted Abroad

Abstract

Using Bosnia and Herzegovina (BiH) as an example, this essay explores the diplomatic aspect of criminal justice and its obligation to defend its nationals who are detained, imprisoned, or found guilty elsewhere. It places BiH in the context of both the traditional doctrine of diplomatic protection and the developing human rights-based approach, examining how BiH’s constitutional and statutory obligations interact with international norms, specifically the Vienna Convention on Consular Relations, human rights treaties, and the International Law Commission’s Draft Articles on Diplomatic Protection. The study maps the primary patterns of criminal activity involving Bosnian nationals abroad and evaluates the reactions of Bosnian and Herzegovinian (BiH) diplomatic-consular missions using doctrinal legal analysis in conjunction with qualitative case studies (including specific cases in EU states, the US, and migration detention contexts). The results show a continuous gap between the unequal, resource-constrained reality of consular practice and BiH’s constitutional guarantee that its people overseas „shall enjoy the protection of BiH.“ Consistent protection is undermined by structural issues such as a lack of staff and funds, fragmented institutional competencies, communication difficulties, prejudices against foreigners, and politicization of high-profile cases. The research also proposes specific ways to improve BiH’s practice, such as early notification systems, focused capacity training, the establishment of a specialized crisis consular team, increased collaboration with NGOs and the diaspora, and digital case-management tools. The study concludes that diplomatic and consular protection should not be viewed as a solely discretionary act of foreign policy, but rather as an integral aspect of BiH’s human rights and rule of law commitments.