CH/00/3679
appropriate , coordinate the activities of the organizations and agencies involved in the civilian
aspects of the peace settlement …” and in Article I(2) of Annex 11, entitled “Agreement on
International Police Force” the Parties “request that the United Nations establish by a decision of the
Security Council … a U.N. International Police Task Force (IPTF) ….”
10.
The Rules and Regulations of the PEC derive their authority from powers and responsibilities
delegated to the OSCE under Annex 3 to the General Framework Agreement. Article 113 of the PEC’s
Rules and Regulations establishes the EASC. Accordingly, the EASC’s jurisdiction also derives from
the General Framework Agreement. It is the sole review mechanism of a judicial nature provided for
under Annex 3.
11.
In concluding the General Framework Agreement, the Parties, with the assistance of the
international community, have created a number of offices and institutions to assist them in
achieving the objectives set out therein. The parties are required to comply with the decisions of such
offices and institutions, as provided for in the General Framwork Agreement. As the Chamber has
found in similar cases (case nos. CH/98/230&231, Suljanovi} and ^I{I} and Leli}, decisions on
admissibility of 14 May 1998, Decisions and Reports 1998) the functions carried out by the OSCE
under Annex 3, which in substance is the management of elections in Bosnia and Herzegovina,
pending the entry into force of election legislation enacted by Bosnia and Herzegovina, is not such as
to be subject to review, except as specifically provided for in Annex 3. The PEC, established by the
OSCE in accordance with Annex 3 to the General Framework Agreement, passed a set of Rules and
Regulations regulating the conduct of the elections. Chapter VIII of the Rules and Regulations
establishes the EASC. Article 114 sets out the functions of the EASC. Article 114(1) states that the
EASC may adjudicate complaints regarding, inter alia, “violations of provisions on elections in the
(General Framework Agreement)” as well as complaints regarding violations of the PEC Rules and
Regulations. Article 118 clearly indicates that decisions of the EASC are to be binding and without
appeal.
12.
The OSCE, the PEC and the EASC exclusively carried out the actions complained of within the
scope of them carrying out their responsibilities under Annex 3 of the General Framework Agreement.
The General Framework Agreement does not provide for the intervention of the respondent Party in
the conduct of the elections. Accordingly, these actions are not such as are within the responsibility
of the respondent Party.
13.
In conclusion, the impugned acts do not come within the responsibility of the respondent
Party and are therefore outside the competence of the Chamber under Article II and VIII(I) of Annex 6
to the General Framework Agreement. It follows that the application is incompatible ratione personae
with the provisions of the Agreement and must be rejected, in accordance with Article VIII(2)(c) of the
Agreement.
V.
CONCLUSION
14.
For these reasons, the Chamber, unanimously,
DECLARES THE APPLICATION INADMISSIBLE.
(signed)
Peter KEMPEES
Registrar of the Chamber
(signed)
Michèle PICARD
President of the First Panel
3