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Decision Rendered on Referral of the Pasko Ljubicic Case under Rule 11 Bis

(Exclusively for the use of the media. Not an official document)

The Hague, 12 April 2006


The Tribunal's Referral Bench today rendered the decision to refer the case of Pasko Ljubicic to Bosnia and Herzegovina in accordance with Rule 11bis of the Tribunal's Rules of Procedure and Evidence. This decision can be appealed.

As part of the Tribunal's completion strategy, endorsed by the UN Security Council, the Prosecutor has requested a small number of cases involving mid and lower-level accused to be referred to national courts pursuant to Rule 11bis of the Tribunal's Rules of Procedure and Evidence.

While the ICTY concentrates on trying the most senior perpetrators of genocide, crimes against humanity and war crimes, it will continue to fully support trials of mid and lower-level perpetrators in courts in the former Yugoslavia, including those transferred from the ICTY, pursuant to Rule 11bis. The Tribunal has also undertaken an intensive and wide-ranging effort to help
strengthen the capacity of national institutions to process war crimes cases.

For a case to be referred pursuant to Rule 11bis, the Referral Bench, comprised of three judges, has to order a referral of its own accord or following a request from the Prosecutor. A decision to refer a case is rendered only if the Bench is fully satisfied that the accused would be tried to the highest international standards and that neither the level of responsibility of
the accused nor the gravity of the crimes alleged in the indictment were factors that would make a referral to the national authorities inappropriate. In addition to the four persons already transferred, currently a total of 11 other persons are or may be considered for transfer by the Referral Bench.

Since its inception in 1993, the Tribunal has charged 161 persons for war crimes committed in the former Yugoslavia. To date, proceedings against 90 persons have concluded. Six indicted persons remain at large.


The full text of the Decision is available on the Tribunal's website


Hard copies can be obtained from the Media Office.

Proceedings can also be followed on the Tribunal's website.