Bosnia & Herzegovina | Guernica 37

Members of Guernica 37 advised on judicial reform, legislative drafting and institution building in Bosnia and Herzegovina.

At the Bosnia and Herzegovina War Crimes Chamber, Toby Cadman, co-founder of Guernica 37 International Justice Chambers, was appointed as the Head of the Prosecution Support Section for War Crime at the State Prosecutor's Office of Bosnia and Herzegovina.  Toby acted as legal counsel to the Chief Prosecutor of Bosnia and Herzegovina and coordinated the transfer of cases from the International Criminal Tribunal for the former Yugoslavia as part of the UN Security Council's completion strategy.

Toby was involved in a number of  significant matters including the case of Prosecutor v. Radovan Stankovic, the first case referred by the ICTY to the Court of Bosnia and Herzegovina, where the defendant was convicted for crimes against humanity. 

The Case of Prosecutor v. Zeljko Mejakic et al. was the first case tried before the Court of Bosnia and Herzegovina alleging a joint criminal enterprise for crimes committed in the context of a concentration camp.

 

Other cases include: Prosecutor v. Mitar Rasevic & Savo Todovic; Prosecutor v. Gojko Jankovic; Prosecutor v. Milan Lukic & Sredoje Lukic; Prosecutor v. Pasko Ljubicic, and Prosecutor v Zdravko Božić et al.

 

Mladic life sentence hailed as historic step

https://www.lawgazette.co.uk/law/mladic-life-sentence-hailed-as-historic-step/5063800.article

 

Prosecutor's Office of Bosnia and Herzegovina v. Zdravko Božić et al.

http://www.internationalcrimesdatabase.org/Case/976

 

U.S. deports Bosnian Serb war suspects

https://www.upi.com/US-deports-Bosnian-Serb-war-suspects/48431166727608/ 

 

In addition, whilst serving at the Human Rights Chamber of Bosnia and Herzegovina as a legal advisor, Toby Cadman, worked on the following guideline cases:

 

Syla v Bosnia and Herzegovina (2003) - first extradition case before the Bosnian State Court, which established violations of lawfulness of detention in extradition proceedings, the right of habeas corpus and the right of access to court.

 

Boudellaa et al. v. Bosnia and Herzegovina; Federation of Bosnia and Herzegovina (2002) “The Algerian Group” - the first case before this human rights body concerning the unlawful removal of suspected terrorists and challenging detention at Guantanamo Bay, in Cuba of citizens of Bosnia and Herzegovina detained in the US Military Detention Camp “Delta” within the US Naval Military Base at Guantanamo Bay.

 

Boumediene v. Bush, 553 U.S. 723 (2008) - the first habeas corpus challenge before the US civilian courts.

 

Basic & Cosic v. Bosnia and Herzegovina: Federation of Bosnia and Herzegovina (2003) - a leading case on the presumption of innocence and adverse medial reporting of a criminal trial, which established the right to have a custody determined by a judge.

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