In the exercise of the powers vested in the High Representative by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in theatre regarding interpretation of the said Agreement on the Civilian Implementation of the Peace Settlement; and considering in particular Article II.1. (d) of the last said Agreement, according to the terms of which the High Representative shall “[F]acilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative’s intention to use his final authority in theatre regarding interpretation of the Agreement on the Civilian Implementation of the Peace Settlement in order to facilitate the resolution of any difficulties as aforesaid “by making binding decisions, as he judges necessary” on certain issues including, under sub-paragraph (c) thereof, “measures to ensure implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities”;
Considering paragraph 12.1 of the Declaration of the Peace Implementation Council which met in Madrid on 15 and 16 December 1998, which made clear that the said Council considered that the establishment of the rule of law, in which all citizens had confidence, was a prerequisite for a lasting peace, and for a self-sustaining economy capable of attracting and retaining international and domestic investors;
Noting that the Communiqué of the Steering Board of the Peace Implementation Council issued at Sarajevo on 31 July 2002 stated that the Board welcomed the creation of Special Chambers of the Court of Bosnia and Herzegovina and endorsed the proposal of the High Representative to include national and international judges and prosecutors in a Special Panel/Department for Organised Crime, Economic Crime and Corruption within the Court of Bosnia and Herzegovina and within the Prosecutor’s Office of
Convinced of the vital importance to
Recalling further the relevant provisions of the Law on the Prosecutor’s Office of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina 24/02, 3/03, 37/03, 42/03, 9/04, 35/04 and 61/04) providing for a number of international prosecutors to be appointed to the Special Department for War Crimeswithin the Prosecutor’s Office of Bosnia and Herzegovina;
Noting the request as of 27 June 2006 made by the Chief Prosecutor of Bosnia and Herzegovina to extend the assignment of Peter Korneck as International Prosecutor to the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina;
Mindful of the need for continuous operation of the Special Department for Organised Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina, and for the appointment of international prosecutors to the Prosecutor’s Office of Bosnia and Herzegovina and for all the reasons as aforesaid;
The High Representative hereby issues the following
DECISION
Further Appointing International Prosecutor Peter Korneck previously Appointed to the Special Department for War Crimes to Special Department for Organised Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina
1. As provided by Article 18a, paragraph 1 of the Law on the Prosecutor’s Office of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina, Nos. 24/02, 3/03, 37/03, 42/03, 9/04, 35/04 and 61/04; hereinafter: the Law), the following international prosecutor of the Special Department for War Crimes is hereby further appointed as international prosecutor to the Special Department for Organised Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina:
Peter Korneck
2. The term of appointment of Peter Korneck to the Special Department for Organised Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina pursuant to this Decision shall be for the period starting on the date of entry into force of this Decision and running until the completion of the term of office pursuant to the High Representative Decision Appointing Peter Korneck as International Prosecutor in the Special Department for War Crimes of the Prosecutor’s Office of Bosnia and Herzegovina of 30 January 2006, subject to reappointment pursuant to the Law.
3. The appointed international prosecutor shall perform the duty of prosecutor in accordance with the Constitution of Bosnia and Herzegovina and laws of Bosnia and Herzegovina, take decisions upon his best knowledge, conscientiously, responsibly and impartially uphold the rule of law, and shall protect the freedoms and rights of individuals granted by the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. The international prosecutor remains bound by a solemn oath already taken to that effect before the President of the High Judicial and Prosecutorial Council of Bosnia and
4. The appointed international prosecutor is required to reside in
5. During the term of appointment, the appointee shall complete all training programs as directed by the Chief Prosecutor of the Prosecutor’s Office of Bosnia and
6. The Registrar of the Registry for Section I for War Crimes and Section II for Organised Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organised Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina shall notify the appointing authority of any occurrence, including the ones as referred to in paragraph 4 of this Decision, that may cause the inability of the appointed international prosecutor to perform his mandate. In the event of resignation by or inability of the international prosecutor to complete his mandate, a successor to complete the above-mentioned term of office may be appointed.
7. This Decision shall enter into force forthwith and shall be published without delay in the Official Gazette of Bosnia and