CYIL 2014

THE ROLE OF INTERNATIONAL LAW IN THE RULE OF LAW EFFORTS IN POSTǧDAYTON… a fully sovereign state if foreign personnel work with its judicial institutions’. 75 Following this failure to extend the mandate, strong pressure emerged from various (mainly international) actors. A Steering Board of the Peace Implementation Council (PIC) 76 was concerned with this situation and expressed that the departure of internationals at this stage ‘would have a negative effect on the entire judicial system of Bosnia, contradict [Bosnia’s] international obligations, and inhibit the UN Security Council’s completion strategy for ICTY.’ 77 As a result of this pressure, the OHR finally decided to intervene and to ‘impose’ an extension of the mandate of international personnel until 31 December 2012, 78 warning of the negative consequences that would follow if the mandate were not extended, such as the need for witnesses to testify again. 79 At that time, the OHR’s decision was positively received by international and many local actors. 80 Recently, there are not more international judges serving at the WCC. 3.3 Legal Basis of the WCC and the Applicable Law The WCC operates within the Criminal Division of the Court of BiH at the state level. 81 Despite the international involvement in its establishment and the presence of international personnel, it is a domestic institution 82 that will continue its work even after the phasing out of international personnel. 83 The WCC has jurisdiction over cases transferred from the Referral Bench of the ICTY to national judicial authorities under Rule 11 bis , which provides that a referral may be made to a state: (a) in 75 See Justice Report: No Mandate Extension for International Judges and Prosecutors, BIRN (4 September 2009), available at http://www.bim.ba/en/182/10/21995/ (visited 23 June 2013). 76 PIC is an international body which is charged with implementing the DPA. The Steering Board of the PIC provides the High Representative with political guidance. 77 Communique of the Steering Board of the PIC (19 November 2009). 78 In contrast to powers of international administration (in some countries) to impose laws, occupational law (in some other countries) limits powers to modify local laws. See on occupational law E. Benvenisti and M. Saliternik, The Treatment of Occupation Legislation by Courts in Liberated Territories, in. Kristjánsdóttir, A. Nollkaemper, C. Ryngaert, (eds.), supra note 1, pp. 269-288. 79 See OHR Extends International Judges’ Mandate, BIRN (16 December 2009), available at http://www. balkaninsight.com/en/main/news/24402/?tpl=299&ST1=Text&ST_T1=Article&ST_AS1=1&ST_ max=1 (visited 5 November 2013). 80 Catherine Ashton, EU High Representative for Foreign Affairs and Security Policy and Olli Rehn, EU Enlargement Commissioner, issued a statement welcoming the decision and underlining that ‘the continued presence of international judges and prosecutors is essential to pursuit of justice for the victims and to the work of the ICTY’. However, not everyone shares the enthuasiasm for extension of mandates. The Prime Minister of Republika Srpska, Milorad Dodik, even called for the abolition of the Court of BiH, including the WCC, as a condition for the constitutional reform. Justice Report, supra note 75. 81 Another specialized chamber with international personnel operating within the Court of BiH is the ‘Organized Crime, Economic Crime and Corruption Chamber’. 82 ‘The Law on the Court of BiH’ was promulgated on 12 November 2000 by the High Representative and was subsequently adopted by the Parliament of BiH on 3 July 2002. For further information on the Court of BiH see its official website, www.sudbih.gov.ba. 83 Looking for Justice: The War Crimes Chamber in Bosnia and Herzegovina, 18(1)(D) Human Rights Watch (7 February 2006).

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