|
|
|
||
|
|
F. Javier Leon Diaz,
International Lawyer, Barrister at Law.
Fields of expertise: International Criminal Law; Human Rights Law; Laws of
Armed Conflict
Areas of Specialisation
International Criminal Law: individual criminal responsibility for gross human
rights violations, universal jurisdiction, extradition.
Human Rights Law: Minority rights, right to property, right to family life,
enforced disappearances, torture and inhuman treatment, institution building.
Humanitarian Law: war crimes, means and methods of warfare, internal
conflicts.
International Law: humanitarian intervention; use of force; peacekeeping
operations.
Overview
F. J. Leon Diaz is a Barrister, member of the Madrid Bar (Spain) specialising
in International Criminal Law, Human Rights Law and Humanitarian Law. He
worked with the European Union Mission to Bosnia and Herzegovina (EUPM) as a
Legal Adviser where he focused on Criminal Law, Criminal Procedural Law, human
rights law and Humanitarian Law (especially on the implementation of the
"rules of the road" agreement for domestic prosecution of war crimes. He
previously worked as an International Lawyer with the Human Rights Chamber for
Bosnia and Herzegovina. The Chamber as established by the Dayton Peace
Agreement ("GFAP") is the highest tribunal in Bosnia and Herzegovina, it
adjudicates alleged or apparent violations of human rights. He was responsible
for a number of important decisions involving property restitution within the
right to peaceful enjoyment of possessions under Article 1 of Protocol 1 of
the European Convention for Human Rights. Before that he worked with the OSCE
Mission to Bosnia and Herzegovina as a Senior Legal Advisor in head office.
His role was both to provide essential support to the Human Rights Officers in
the field and shape and promote the human rights policy of the International
Community. He worked mainly on human rights institution building and was
involved on three major projects: the building of an Ombudsman institution
system; the merger of the Human Rights Chamber and the Constitutional Court
and the strengthening of the Ministry for human rights. He was also was
involved in the drafting of several laws such as the law on national
minorities and the law on freedom of religion. Prior to that he worked with
the ICRC Legal Division where his portfolio included several issues related to
the implementation and promotion of the Laws of war.
Javier is also an Independent Expert Consultant for the Venice Commission of
the Council of Europe with which he participated in short-term seminars and
conferences on the protection of human rights as a lecturer. He is also an
Expert Consultant for the Council of Europe Directorate General of Human
Rights (DG II) with which he worked on the Manual on European Human Rights
Standards for Field Missions (a joint OSCE/CoE project).
Professional Experience
Legal Adviser
European Union Police Mission to Bosnia and Herzegovina
See: www.eupm.org
As a Legal adviser his role was to provide the international police officers
with legal advise in their monitoring role. The focus was on legal standards
for law enforcement officials as well as criminal and Criminal procedural law.
Javier has been particularly involved in monitoring domestic war crimes
prosecutions under the rules of the road (The Rome Agreement).
International Lawyer
Human Rights Chamber for Bosnia and Herzegovina
See: http://www.hrc.ba
The Human Rights Chamber as established by the Dayton Peace Agreement (“GFAP”)
is the highest tribunal in Bosnia and Herzegovina, it adjudicates alleged or
apparent violations of human rights. The Chamber’s decisions are final and
binding.
As an International Lawyer his role was to, upon reception of an application
by an individual, prepare legal memorandums on domestic and international
legal standards relating to specific violations; draft decisions to be
submitted to the judges at their panel or plenary sessions for discussion and
decision. Javier has been working mainly on property/right to return related
issues (exchange of contracts during the war, expropriations, revalidation of
occupancy rights contracts and subsequent privatization).
Senior Legal Advisor on Human Rights Institutions
Organization for Security and Co-operation in Europe (OSCE), Mission to Bosnia
and Herzegovina (BiH), Sarajevo, BiH.
See:
http://www.oscebih.org/human_rights/hrhome.asp
OSCE Human Rights plays a unique role within the international community in
B&H as it has the largest cadre of human rights experts on the ground. It
maintains an extensive presence in the field with thirty-two international
staff and twelve National Human Rights Monitors, in four Regional Centres and
twenty-eight Field Offices throughout the country. A further six international
Senior legal advisers are based in the Head Office of the Human Rights
Department in Sarajevo.
As a Senior Legal Advisor on national human rights institutions, his role was
to:
• Provide expert assistance and advice on International Human Rights
standards, with emphasis on the ECHR and the ICCPR;
• Review domestic legislation to promote compliance with international human
rights standards and assist BiH authorities with drafting of Human Rights
laws;
• Co-ordinate and assist the Government of BiH with its reporting to various
United Nations treaty body mechanisms, in particular to the Human Rights
Committee;
• Participate with the Office of the High Representative and the Council of
Europe in the preparation of draft legislation governing the human rights
institutions;
• Develop and implement a plan for the transfer of full responsibility of the
Entity Ombudsmen to the national authorities;
• Flag and forward cases from Human Rights Officers and human rights advocates
to the BiH Human Rights institutions that entail systematic and grave
violations of international human rights instruments;
• Co-ordinate of the OSCE Mission’s support of the implementation of decisions
rendered by the institutions, in particular the implementation of provisional
measures; and
• Follow up of the case law developed by the institutions and update to the
OSCE Human Rights Department on important legal developments.
Human Rights Officer
OSCE Mission to BiH, Brcko District, BiH
• Monitored specific human rights cases and issues;
• Analyzed laws and practices to ensure compliance with human rights
standards;
• Intervened with political authorities to correct human rights violations
through use of good offices, mediation and pursuit of legal remedies;
• Monitored trials and the judicial system as a whole; and
• Promoted property legislation awareness and implementation.
• Drafted property related legislation.
Assistant Legal Adviser
International Committee of the Red Cross, Legal Division
See: http://www.icrc.org/
• Research and writing for the ICRC Study on Customary Law;
• Provided legal opinions to lawyers of Division on IHL as requested;
• Provided legal advise to field Delegations on humanitarian law as it applied
to particular incidents in the field;
• Design of a field study on Anti Vehicle mines;
• Followed the 56th Session of the Commission on Human Rights.
Human Rights Researcher
Children’s Legal Center, Children and Armed Conflict Unit
See: http://www2.essex.ac.uk/clc/
• Tracked and reported on the armed conflict in BiH, in particular on the
impact of the conflict on children.
Elections Adjudicator
OSCE, Mission to BiH
• Verified that voter registration documentation was in accordance with
criteria established by the BiH Provisional Election Commission and
adjudicated on the eligibility of individuals to vote in a particular
municipality.
Research Work
Individual Criminal Responsibility for gross human rights violations
ICRC study on Customary Law
Domestic prosecution for war crimes
The Extra-territorial Application of the European Convention on Human Rights
Non State Actors and human rights
Criminal Procedure in Bosnia and Herzegovina and Articles 5 and 6 of the
European Convention on Human Rights
Interesting Cases
• Human Rights Chamber for Bosnia and Herzegovina
Nedeljko Latinovic, against the Republika Srpska (case number: CH/02/9040)
Milenko Vuckovac, against the Republika Srpska (case number: CH/01/7224)
Ivica Tukaric, against the Republika Srpska (case number: CH/01/8003)
Stana Samardic against the Republika Srpska (case number: CH/02/9130)
Rade Borota against the Republika Srpska (case number: CH/01/7257)
Cases concerning applicants that exchanged their real or socially owned
property after April 1992 and involving issues under Article 1 of Protocol No
1, Article 8 and Article 6 of the European Convention on Human Rights.
Sejad and Senad BUKVIC against the Federation of Bosnia and Herzegovina (Case
no. CH/02/9868)
Involving issues under Article 1 of Protocol No 1 of the European Convention
on Human Rights.
Curriculum Vitae