Republic Secretariat for Relations with
International Criminal Tribunal in The Hague and Research War Crimes, as
separate administrative organization, was established by Ministries Law
(Official Gazette RS no 70/02).
Frame of works that are under jurisdiction of this
Secretariat is determined by article 39 of the mentioned Ministries Law of
Republika Srpska. By Law on substitution and amendments on Ministries
(Official Gazette of RS no. 33/04, article 39 of the Law on Ministries) it has
changed because tasks that were related to research, gathering, systematization
of data and keeping files on captured and missing persons had been erased from
competence of the Secretariat.
Internal organization and systematization of
positions in Republic Secretariat for Relations with International Criminal
Tribunal in The Hague and Research War Crimes is determined by Code on internal
organization and systematization of positions, which were brought by head of the
Secretariat. This Code is in accordance with the article 33 item 3 of Statute of
principles on internal organization and systematization of positions in
administrations of Republika Srpska (Official Gazette no. 1/03 and 29/03) and
Government of Republika Srpska gave its accordance on 29 December 2003,
published in Official Gazette no. 32/04.
Cooperation of Republika Srpska
with International Tribunal in The Hague is regulated by Law on Cooperation of
Republika Srpska with International Criminal Tribunal in The Hague (Official
Gazette no 52/01).
In the article 2 of the mentioned Law on
Cooperation of Republika Srpska with International Criminal Tribunal in The
Hague was anticipated that cooperation of Republika Srpska with ICTY would go in
accordance with Statute and Rules of Procedure and Evidence of International
Criminal Tribunal in The Hague as well as in accordance with Code on Criminal
Procedure of Republika Srpska.
In Bosnia and Herzegovina is on
effect the international agreement "Rules of the Road" concluded in Rome on the
18th February 1996, which foresee that nobody in Bosnia and
Herzegovina cannot be arrested or in detention under suspicion for committed
war crimes and serious violation of International Humanitarian Law under
jurisdiction of International Tribunal in The Hague, and which was determined
by Statute of Tribunal, as long as Prosecutor's Office at International Tribunal
in The Hague does not review evidences against mentioned persons and replies
if the criminal cases, that are being led before domestic judiciary, contains
sufficient evidences, under international standards, to confirm reasonable grounds
for believing that a person who is the subject committed serious violation of
International Humanitarian Law, and to decide if criminal procedures, which are
being processed before domestic judiciary in Republika Srpska, can be continued.
In accordance with this international agreement, criminal cases that were impeached
before judicial of Republika Srpska are being submitted to the "Rules of the Road" Department
of International Tribunal in The Hague.
The wish of this Secretariat is to present to
domestic and world public and competent institutions a content of mentioned
legal documents that represent a ground of cooperation of Republika Srpska with
International Tribunal in The Hague
