Ljubicic's defence attorney Tomislav Jonjic, did not oppose the proposal that the case be referred to the national judiciary, but said he would advocate that the case be referred to Croatia.
"The prosecutor believes that the Pasko Ljubicic case is appropriate for the application of Regulation 11 bis and for the referral of the case to the Bosnian judiciary," Carla del Ponte said in the proposal which she forwarded to ICTY President Theodor Meron on 19 July.
Ljubicic (39), has been in the ICTY detention since 21 November 2001.
According to amended indictment, dated 8 April 2002, Ljubicic is charged on 15 counts on command responsibility for crimes against humanity and the violations of the laws and customs of war, the persecution on political, racial and religious grounds, killings, forceable displacement of the population, attacks on Bosniak civilians.