Judicial Review

Since ICTY arrest warrants are only issued after a decision of an ICTY judge assessing the evidence presented by the Prosecution, there seems to be consensus that additional judicial review at the domestic level of the evidence submitted to the judge in the ICTY in the proceedings for transferring the accused is not required.²⁵²⁴ However, considering the fact that the judicial review at the domestic level is basically limited to the question of whether the person to be transferred is in fact the person named in the indictment or arrest warrant respectively and the crimes charged fall under the jurisdiction of the ICTY, a more careful review at the domestic level might be preferable.

The Court of BiH, as the competent domestic Court to deal with the judicial review of transfers of persons accused by the ICTY,²⁵²⁵ has only been involved in one case of transferring an accused to the ICTY thus far, and, in the absence of relevant State level legislation regulating the procedure, applied Article II.8 of the Constitution directly,²⁵²⁶ in addition to quoting Security Council Resolution 827 (1993) as a basis for its order to immediately transfer the accused to the ICTY authorities.