Rule-of-law


Court of BiH @OSCE

Court of BiH @OSCE

Field operations work assist participating States in developing legal principles to strengthen the rule of law, including in close cooperation with ODIHR’s Rule of Law section.


Mission to Bosnia and Herzegovina (BiH)


The Mission to Bosnia and Herzegovina (BiH) has worked to support the justice sector in BiH as a part of its mandate derived from the Dayton agreement. The OSCE rule of law unit, as member to the consultative group to the Structured dialogue on justice, consultative group chaired by the EU , provided data and technical inputs to the EU on justice related issues and priorities. The three ministries of justice (Federation, Respublika Srpska and State level) were assisted to negotiate a number of justice reforms which BiH had to fulfil to become an EU candidate country. 


Head of the OSCE Mission to Bosnia and Herzegovina (BiH), Ambassador Kathleen Kavalec (l) and Milan Tegeltija, President of the High Judicial and Prosecutorial Council (HJPC) of BiH (r) at the ceremony of the official handover of the War Crimes Map, a web-based application developed by the OSCE, to the Judicial Documentation Centre of the HJPC Secretariat; Sarajevo, 9 December 2019 (OSCE/Elma Kadic)

Head of the OSCE Mission to Bosnia and Herzegovina (BiH), Ambassador Kathleen Kavalec (l) and Milan Tegeltija, President of the High Judicial and Prosecutorial Council (HJPC) of BiH (r) at the ceremony of the official handover of the War Crimes Map, a web-based application developed by the OSCE, to the Judicial Documentation Centre of the HJPC Secretariat; Sarajevo, 9 December 2019 (OSCE/Elma Kadic)

OSCE Mission to BiH rule of law unit supports the development of an independent justice system that upholds human rights. The Mission conducts trial monitoring, mostly focused on war crimes and other serious crimes, such as corruption, domestic violence, hate crimes, human trafficking and terrorism related offenses, monitoring at the state and entity level. The Mission has assisted monitoring of transferred cases from the International Criminal Tribunal for former Yugoslavia (ICTY), provided valuable inputs for the assessment of training needs and impact assessment afterwards, conducted tailored training for Court legal staff, judges, prosecutors, investigators and police academies, designed a dedicated investigative manual for war crimes investigation as well as specific training of the use of ICTY multimedia resources and valuable inputs to the supervisory body for the processing of war crimes; and issued a spot report titled “War Crimes Case Management at the Prosecutor’s Office of Bosnia and Herzegovina”, which raised public awareness about systemic problems hindering the processing of war crimes cases at the state level, and consequently denying victims justice. 


Due to the BiH Mission’s work through advocacy and capacity-building, the Banja Luka District Court issued the country’s first judgment awarding a victim of human trafficking full compensation, and assisted with amendments to the anti-trafficking legislation, balancing subject matter jurisdiction among different levels. In addition, the Mission supports the judicial response to corruption through trial monitoring of criminal cases.


Project Co-ordinator in Uzbekistan


In the spring of 2019, the PCUz coordinated the assistance of ODIHR and the Venice Commission of the Council of Europe to support the Central Election Commission (CEC) and the Oliy Majlis in the drafting of a new Electoral Code for Uzbekistan. The new Electoral Code, approved by the Oliy Majlis in June 2019, replaced 23 pieces of old legislation. The replacement of the many old references to elections in old legislation had been a recommendation of the Report of ODIHR’s Election Observation Mission for the December 2016 Presidential Election.


With the new Code in place, the PCUz joined with the CEC to conduct a series of roundtable in various locations in Uzbekistan (June to August 2019) to introduce the new Electoral Code and allow ODIHR and Venice Commission experts to explain its implementation.