Judicial Institutions Await Final Decision
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Milorad Dodik, Prime Minister of Republika Srpska, and Nebojsa Radmanovic, the Serb member of the Presidency of Bosnia and Herzegovina, have raised the possibility of holding a referendum if the Office of the High Representative decides to extend the mandates of international judges and prosecutors working in State institutions beyond December 14 this year.
“If the High Representative in Bosnia and Herzegovina, Valentin Inzko, extends the mandate of international judges and prosecutors in Bosnia and Herzegovina, a referendum will be organized in Republika Srpska,” Dodik said.
Radmanovic said that, as a member of the Presidency, he would not sign the decision extending the mandate of foreign judges and prosecutors.
On the other hand, the Party for Bosnia and Herzegovina, whose leader, Haris Silajdzic, is the Bosniak Presidency member, said it would once again try to put the issue of extension of mandates of international personnel on the agenda of the parliament, as an urgent matter. The next session of the Parliament is due on December 16, i.e. two days after the expiry of the mandates.
At the same time, non-governmental organizations that deal with human rights issues have requested the extension of the mandate and are awaiting the final response of the High Representative’s Office.
Human Rights Watch, HRW, sent an open letter to Inzko, calling on him to try to solve the issue of the international personnel’s mandates, by negotiating with the local authorities, or to use the powers invested in his Office in order to extend the mandates.
“Time is running up. As you know, on December 14 the mandate of international judges and prosecutors will expire. It is still unclear whether the Bosnian authorities will find a solution, prior to that date, which would ensure that the work of the War Crimes Chamber is not endangered and enable effective implementation of the State War Crimes Processing Strategy,” the letter signed by Richard Dicker, Director of the International Justice Programme, and Benjamin Ward, Assistant Director for Europe and Central Asia of the HRW, says.
The HRW cites the “significant achievements” of the War Crimes Chamber of the Court of Bosnia and Herzegovina, including the processing of more than 40 cases and strengthening the capacities of local personnel, as well as the fact that “the presence of international personnel has helped strengthen the independence of this institution and its isolation from political influences”.
“However, a lot of work still has to be done. There are literally thousands of war-crimes cases, which have still not been opened. We appreciate the importance of ensuring the management of the Chamber by local staff only. (…) However, at the same time, the lack of a responsible plan for handing over final responsibility for war-crimes processing presents a risk for downgrading the work of the Chamber and its efficiency,” the HRW said in its letter.
A similar request was made by the “Truth, Justice, Reconciliation” Foundation from Tuzla. It expressed its dissatisfaction with “the High Representative’s indolent attitude towards the presence of foreign judges and prosecutors in judicial institutions in Bosnia and Herzegovina”.
“On one hand we see the reduction of the budget for the Court and Prosecution of Bosnia and Herzegovina, as a main precondition for strengthening their human resources structures, while, on the other hand, we witness permanent political pressure for not extending the mandate of international personnel working in those institutions, which will further deepen the crisis in Bosnia and Herzegovina,” the announcement says.
The Foundation calls on the Bosnian authorities and the Office of the High Representative to “do all they can” in order to extend the mandates of international judges and prosecutors, which should be used for “strengthening of human resources capacities in those two institutions, enabling them to be ready for the time when the foreign staff members leave”.
As per the existing plan, the international judges and prosecutors who are currently involved in tens of war-crimes cases are due to leave the country by the end of this year. After that the Court and Prosecution would consist of local staff only.
In mid September this year the Constitutional and Legal Commission of the House of Representatives of the State Parliament gave its consent to changes in the Law on Court and Prosecution of Bosnia and Herzegovina, extending the mandates of international personnel for two more years. However, the House of Peoples of Bosnia and Herzegovina failed to adopt the amendments.
The State Court and Prosecution and the Hague Tribunal and Prosecution support the stay of foreign judges and prosecutors in Bosnia and Herzegovina. The Peace Implementation Council, PIC, recently called on the parliamentarians to change their decision.
“The failure to solve the issue of international judges and prosecutors would have a negative effect on the entire judicial system,” the communique issued after the PIC met in Sarajevo in November stated.
Addressing the UN Security Council in December 2009, Serge Brammertz, Chief Prosecutor of the ICTY, sent the same message to the Bosnian authorities.
“Unless the issue is solved as a matter of urgency, ongoing war-crimes trials and investigations might be endangered. This will also have serious consequences for the work of the Tribunal. Urgent action is needed,” Brammertz said.
Justice Report has published a number of articles regarding this issue:
Concern Over Failure to Resolve Issue of International Judges and Prosecutors
Amnesty International Supports International Judicial Personnel in Bosnia and Herzegovina
ICTY: Concern Over Decision by the Parliament of Bosnia and Herzegovina
Lack of Support for International Judicial Personnel
Support for Extension of Mandates of International Judges and Prosecutors
Decision Close on Bosnia’s International Judges and Prosecutors
No Mandate Extension for International Judges and Prosecutors
The Million Dollar Question
Mandate of Foreign Judges and Prosecutors to be Discussed by Parliament
Bosnia Risks ‘Judicial Chaos’ if Foreign Judges Leave
