:''This article refers to the Human Rights Chamber for Bosnia and Herzegovina, a

Dayton Peace Agreement The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement or the Dayton Accords ( Croatian: ''Daytonski sporazum'', Serbian and Bosnian: ''Dejtonski mirovni sporazum'' / Дејтонски мир� ...

institution; it should not be confused with the separate International Criminal Tribunal for the Former Yugoslavia, which is a criminal court of the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...

(UN).'' {{Additional citations, date=December 2021 The Human Rights Chamber for Bosnia and Herzegovina ( bs, Dom za ljudska prava za Bosnu i Hercegovinu), which was active between March 1996 and 31 December 2003, was a judicial body established in

Bosnia and Herzegovina Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...

within the Annex 6 to the

General Framework Agreement for Peace in Bosnia and Herzegovina The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement or the Dayton Accords ( Croatian: ''Daytonski sporazum'', Serbian and Bosnian: ''Dejtonski mirovni sporazum'' / Дејтонски мир� ...

(

Structure

The Chamber had the mandate to consider alleged or apparent violations of

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

as provided in the

European Convention for the Protection of Human Rights and Fundamental Freedoms The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

and the Protocols thereto, and alleged or apparent discrimination arising in the enjoyment of the rights and freedoms provided for in the Convention and 15 other international agreements listed in the Appendix to Annex 6 of the

. Particular priority was given to allegations of especially severe or systematic violations, as well as those founded on alleged discrimination on prohibited grounds.

The applicants

The Chamber was receiving applications concerning such human rights violations directly from any Party to Annex 6 of the

or from any person,

non-governmental organisation A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...

or group of individuals claiming to be the victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing.

Jurisdiction of the Chamber

The Chamber was only receiving applications concerning matters which are within the responsibility of one of the Parties to Annex 6 (the State of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, and the

Republika Srpska Republika Srpska ( sr-Cyrl, Република Српска, lit=Serb Republic, also known as Republic of Srpska, ) is one of the two entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina. It is locat ...

), and which occurred or continued after entry into force of the

on 14 December 1995.

The judges of the Chamber

The Chamber was composed of 14 judges. Four members were appointed by the Federation of Bosnia and Herzegovina and two by the

. The remaining eight members were internationals appointed by the Committee of Ministers of the Council of Europe. The President of the Chamber, Ms. Michèle Picard, a French national, was designated by the Committee of Ministers of the Council of Europe from among the international members. The members appointed are all distinguished lawyers and bring to the Chamber a wide variety of experience in different backgrounds including the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, the academic sphere, private legal practice, administration and politics, and international, criminal and human rights law. The composition of the Human Rights Chamber was:HRC Web Site
#Prof. Dr. Rona Aybay (Turkish) #Dr. Hasan Balić (Bosnian) #Mr. Mehmed Deković (Bosnian) #Prof. Dr.

Giovanni Grasso Giovanni Grasso (11 November 1888 – 30 April 1963) was an Italian stage and film actor. He appeared in more than 80 films between 1910 and 1955. He was born and died in Catania, Sicily, Italy. Born into a family of marionettists, he was ...

(Italian) #Mr. Andrew William Grotrian (British) #Mr. Želimir Juka (Bosnian) #Prof.Dr. Viktor Masenko-Mavi (Hungarian) #Mr. Jakob Möller (Icelandic) #Prof. Dr.

Manfred Nowak Manfred Nowak (born 26 June 1950 in Bad Aussee) is an Austrian human rights lawyer, who served as the United Nations Special Rapporteur on Torture from 2004 to 2010. He is Secretary General of the European Inter-University Center for Human Rig ...

(Austrian) #Mr. Miodrag Pajić (Bosnian) #Ms. Michèle Picard (French) #Prof. Dr. Vitomir Popović (Bosnian) #Prof. Dr. Dietrich Rauschning (German) #Mr.

Mato Tadić Mato Tadić (born 15 August 1952 in Vuksic, Brčko) is a former judge of the Constitutional Court of Bosnia and Herzegovina. He declared ethnic affiliation as a Bosnian Croat. Biography Tadić graduated from the Sarajevo Law School and began his ...

(Bosnian)

The admissibility criterion

Under the terms of Annex 6 of the

, when the Chamber receives an application it must decide whether to accept or reject it, taking into account a number of criteria listed in Article VIII. These criteria include: (a) whether effective remedies exist, and the applicant has demonstrated that they have been exhausted and that the application has been filed with the Chamber within six months from such date on which the final decision was taken; (b) whether the application is substantially the same as a matter that the Chamber has already examined; (c) whether the application is incompatible with the Human Rights Agreement, manifestly ill-founded, or an abuse of the right of petition; and (d) whether the application concerns a matter currently pending before another international human rights body or another Commission established by the

The procedure of the Chamber

The Chamber’s procedures was modeled on those of the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...

. Unless the Chamber decides at the outset that an application is inadmissible or should be struck out, written observations are requested from the applicant and respondent Party, after which the Chamber deliberates and decides on a case. In addition to the written procedure, the Chamber may decide to schedule a

public hearing In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a legislative committee. Description A hearing is generally distinguished from a trial in that it is usually shorter and o ...

for oral argument by the parties and submission of evidence by witnesses and experts. The Chamber may also invite written or oral amicus curiae submissions. If the Chamber finds a violation, it may, in its written decision on the merits, issue an order indicating the steps that the respondent Party must take to remedy the breach, including orders to cease and desist or grant monetary relief. At any stage of the proceedings, it may also order provisional measures or attempt to facilitate an amicable resolution based on respect for human rights.

The implementation of the decisions

The decisions of the Chamber were final and binding and the respondent Parties are obligated to implement them fully. Chamber decisions on the merits are forwarded to the

Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, pro ...

(OSCE) and the

Office of the High Representative The High Representative for Bosnia and Herzegovina, together with the Office of the High Representative (OHR) in Bosnia and Herzegovina, were created in 1995 immediately after the signing of the Dayton Agreement which ended the 1992–1995 Bos ...

(OHR) for monitoring of compliance.

The expiration of the mandate of the Chamber

According to the Agreement Pursuant to Article XIV of Annex 6 to the

entered into by the Parties on 22 and 25 September 2003, the Human Rights Chamber's mandate expired on 31 December 2003. This Agreement established the Human Rights Commission to operate between 1 January 2004 and 31 December 2004 within the

Constitutional Court of Bosnia and Herzegovina The Constitutional Court of Bosnia and Herzegovina ( sh-Latn-Cyrl, Ustavni sud Bosne i Hercegovine, Уставни суд Босне и Херцеговине) is the interpreter and guardian of the Constitution of Bosnia and Herzegovina, It ...

. The Human Rights Commission has jurisdiction to consider pending cases received by the Human Rights Chamber on or before 31 December 2003; after 1 January 2004, new cases alleging human rights violations are to be decided by the Constitutional Court.

References

National human rights institutions Human rights organizations based in Bosnia and Herzegovina 1996 establishments in Bosnia and Herzegovina 2003 disestablishments in Bosnia and Herzegovina