A/HRC/10/25 page 5 legislative mechanisms for the protection of human rights and fundamental freedoms for all, regardless of their race, sex, language, and religion. The articles of the criminal code establishes the criminal acts including articles 171 (Genocide), 172 (Crimes against humanity), 173 (War crimes against civilians), 174 (War crimes against the wounded and sick), 175 (War crimes against prisoners of war), 177 (Unlawful killing or wounding of the enemy), 178 (Pillaging the dead and wounded on the battlefield) and 179 (Violating the laws and practices of warfare). 12. According to article 180 on individual criminal responsibility, a person who plans, instigates, orders, perpetrates or otherwise aids and abets in the planning, preparation or execution of a criminal offence referred to in articles 171 to 175 and 177 to 179 of the Code shall be personally responsible for the criminal offence. The official position of any accused person, whether as Head of State or Government or as a responsible Government official person, shall not relieve such person of their criminal responsibility nor mitigate the punishment. The fact that any of the criminal offences referred to in articles 171 to 175 and 177 to 179 of the Code was perpetrated by a subordinate does not relieve the superior of criminal responsibility if that person knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators. Also, the fact that a person acted pursuant to an order of a Government or of a superior does not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the court determines that justice so requires. 13. The Law on the Courts of Bosnia and Herzegovina established the Section for War Crimes, dealing with the prosecution of criminal acts relating to war crimes, and criminal acts which under its contents partly relates to definition of racial discrimination determined by the Committee on the Elimination of Racial Discrimination. 14. For prosecution of these criminal acts perpetrated in the tragic war of 1992 to 1995, the international community established the International Criminal Tribunal for the former Yugoslavia, (also known as the Hague Tribunal), to prosecute these cases. The courts in Bosnia and Herzegovina have already started processes relating to this period; however prosecution of most cases is monitored by the Hague Tribunal. The cases are extremely complex for presentation of the situation in Bosnia and Herzegovina; hence they will not be analysed in the present information. 15. As already mentioned, Bosnia and Herzegovina has reformed the legal framework, which includes prohibition, prevention of racial discrimination, described more specifically by definitions of certain criminal acts. Genocide as a criminal act is defined by article 171 of the criminal code and is identical to the definition provided in the Genocide Convention. Article 172 provides a definition of “crimes against humanity”. 16. According to article 176 of the Criminal Code: 1. Whoever organizes a group of people for the purpose of perpetrating criminal offence referred to in articles 171 (Genocide), 172 (Crimes against humanity), 173 (War crimes against civilians), 174 (War crimes against the wounded and sick) or 175 (War crimes against prisoners of war) of the present Code shall be punished by imprisonment for a term not less than 10 years or long-term imprisonment;