Amendments to the Law on the Court of BiH and Prosecutor's Office of BiH Established



23.07.2009.-Council of Ministers of BiH has established, by majority of votes, proposals of laws on amendments to the Law on the Court of BiH, as well as amendments to the Law on the Prosecutor's Office of BiH, which will be delivered by the Ministry of Justice of BiH to the Parliamentary Assembly of BiH for consideration in the main legislative procedure. Amendments to the Law on the Court of BiH extend the mandate of international judges in the transitional period by 31 December 2012 in the second-instance court panel of the Section for War Crimes, with the provision that only one international judge can participate in the Appellate Panel.

International judge can continue to work on case in the Section I of the Criminal Division, only if the work on that case began before entry into force of this Law. There are five of such cases in which the foreign judges are included.

Proposal of the Law on Amendments to the Law on the Prosecutor's Office of BiH will provide, inter alia, the extension of mandate of international prosecutors in the Special Department for War Crimes after 31 December 2009. That transitional period may last no longer than 31 December 2012.

Proposed amendments to the Law, inter alia, precisely determine that international prosecutors cannot be appointed as Deputy of Chief Prosecutor or Head/Deputy of the Special Department for War Crimes, and they also cannot be citizens of Bosnia and Herzegovina or any of the neighboring states.

After the adoption of these laws by the Parliamentary Assembly of BiH, their application will start from 1 January 2010, as international judges and prosecutors mandate expires on 31 December 2009.