Administrative jurisdiction means that the Court of BiH adjudicates cases pertaining to the decisions issued by BiH institutions and other organizations in charge of public functions, such as property disputes related to the performance of public functions between the States and the Political divisions of Bosnia and Herzegovina, breaches of the election law, etc.
Judges of the Court of BiH must have at least eight years of experience as judges, prosecutors, attorneys or other relevant legal experience following the bar exam, and are appointed for life, having in mind the fact that their term in office may cease in case they resign or reach the age limit which is obligatory for retirement, or in case they are removed from office for the reasons stipulated in the Law.
International judges and prosecutors are appointed by the High Representative by the powers vested in him by Article 5, Annex 10, of the Dayton Peace Accord.
The total amount allocated in the national budget for the Court of BiH in 2006 equates to 5,328,800 Bosnia and Herzegovina konvertibilna marka (Approximately US$3,7 million).
The Registry has contributed to the Court of BiH in the form of maintenance and capital expenditures such as equipment, construction works and similar.
The amount of EUR 10 million also covers the expenses related to the engagement of the international judges, legal advisors and prosecutors.
Some of the notable judgements of the Section I of the Court of Bosnia and Herzegovina may be listed as follows: Sakib Mahmuljin, the former commander of the Third Corps of the Army of Bosnia and Herzegovina, ABiH, was sentenced by the Appeal Chamber of the State Court in April to eight years in prison for crimes committed in 1995 in Vozuca and Zavidovici on Serb population.
While organizations from Bosnia’s Serb-majority entity Republika Srpska believe Mahmuljin escaped due to the negligence of the judiciary, the State Court says that no prohibition measures were imposed on him and that he was not sent to serve his sentence.
The Court of Bosnia and Herzegovina, asked by BIRN, clarified that Mahmuljin was not sent to serve a prison sentence, and that it was informed through his lawyer that he was undergoing treatment in Turkey.
Milorad Kojic, director of the Center for Research on War, War Crimes and the Search for Missing Persons of Republika Srpska entity, told BIRN that by not imposing any measures prohibiting people from leaving Bosnia, but also by not issuing a referral act for serving the sentence after the second-instance verdict, the Court enabled Mahmuljin “to escape under the pretext of treatment”.
[1] The Court of Bosnia and Herzegovina requested an international arrest warrant for Mahmuljin, because he did not respond to the summons on November 23 when he was supposed to be sent to serve his sentence.
The indictment alleged that, between April 1992 and February 1993, as a leader of a paramilitary group, Gojko Janković took part in a large-scale and systematic attack on the non-Serb population in the Foča municipality region, acting in co-ordination with the Foča-based brigade of the Republika Srpska Army.
The indictment alleged that between July 1992 and January 1993, as a part of widespread and systematic attack of the Republika Srpska Army (RSA) against Bosniak population from Vogošća area, Dragan Damjanović committed murders, torture, rapes of Muslim women and other inhumane acts.
On 13 June 2007, the Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina handed down the final verdict in the case of Dragan Damjanović, sentencing him to 20 years long term imprisonment.
According to the indictment, Radisav Ljubinac participated in the persecution of the Bosniak civilian population in the area of the Rogatica municipality from May to November 1992 on political, national, ethnic, cultural and religious grounds.
It is further alleged that this persecution was carried out as part of a widespread and systematic attack by the Army and Police of the so-called Serbian Republic of Bosnia and Herzegovina and paramilitary units under the leadership of the Serb Democratic Party.
On 8 March 2007, by first instance verdict Radisav Ljubinac was found guilty of Crimes against humanity and sentenced to 10 years imprisonment.
The indictment against Radovan Stankovic alleged that, in the period between April 1992 to February 1993, as a member of the Miljevina battalion, Foča tactical brigade, he committed, incited, aided and abetted the enslavement, torture, rape and killing of non-Serb civilians.
These acts were allegedly carried out as part of a widespread and systematic attack of the army of Serb Republic of Bosnia and Herzegovina, police and paramilitary formations against the non-Serb population of the Foča Municipality.
It is alleged that during this attack hundreds of civilians were killed, tortured, beaten, raped, illegally deprived of liberty, detained in inhumane conditions and forcibly transferred out of this municipality.
On 24 August 2007, by first instance verdict, Nenad Tanasković was found guilty for the crimes against humanity and sentenced to 12 years imprisonment.
The indictment charged Nikola Andrun with acting contrary to Geneva Conventions in his capacity as the deputy head of the camp "Gabela" (municipality of Čapljina) during the second half of 1993, at the time of a conflict between the Army of Bosnia and Herzegovina and the Croatian Defense Council (HVO).