Application of domestic criminal provisions

Notion(s) Filing Case
Decision on Referral - 04.09.2006 TODOVIĆ & RAŠEVIĆ
(IT-97-25/1-AR11bis.1 & IT-97-25/1-AR11bis.2)

At para. 56, the Appeals Chamber also reasoned that it is not for the Referral Bench to determine how the criminal provisions in the Bosnian law will be applied, as this is a matter for the State Court if a case is referred.

See also para. 74:

If, upon referral of a case, a situation arose where counsel representing the accused at the Tribunal could not continue to represent him and where another counsel who did not speak English were assigned to him and there was a need to review materials from other cases (only available in English) for the preparation of his defence, the audiotapes of proceedings could be reviewed, in which case, it would be for the State Court of BiH to adopt the necessary measures and order that the necessary resources are provided to ensure that the accused’s right to have adequate time to prepare a defence is balanced against his right to be tried without undue delay.

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ICTR Rule Rule 11 bis ICTY Rule Rule 11 bis