The Tribunal yesterday rendered its decision to refer the case against Mitar Rašević and Savo Todović to the Court of Bosnia and Herzegovina. The accused are to be transferred within the next 30 days.

The Tribunal’s Referral Bench Decision ruled on 8 July 2005 that the case be referred to Bosnia and Herzegovina under the terms of Rule 11bis of the Tribunal’s Rules of Procedure and Evidence. Following an appeal from Todović, the Appeals Chamber remitted the case to the Referral Bench on 23 February 2006. On 31 May 2006, the Referral Bench Decision re-ordered referral to BiH, and Todović again appealed. In yesterday’s ruling, the Appeals Chamber dismissed all of Todović grounds of appeal and affirmed the decision to refer the case to the Court of Bosnia and Herzegovina.

Rašević and Todović are charged with persecutions, murder, torture, imprisonment, and enslavement committed against Bosnian Muslims and other non-Serbs imprisoned in the “KP Dom” detention facility in Foča between April 1992 and October 1994. According to the indictment, Rašević was the commander of the “KP Dom” guards and Todović was part of “KP Dom’s” senior management, including as its Deputy Commander from April 1992 to August 1993.

A partnership with the judiciaries in the former Yugoslavia is a key component of the Tribunal’s Completion Strategy. While the most senior leaders are tried before the ICTY, intermediate and lower rank accused may be referred to competent national jurisdictions. The ICTY has to date referred five cases involving nine accused to Bosnia and Herzegovina, and one case involving two accused to Croatia.