At least three (3) months prior to the expiration of the term of office of a Council member, the Council notifes the relevant authority which, under Article 4 of the Law on HJPC, is responsible for election or appointment of Council members, and it requests that authority to elect or  appoint a new member to the Council.

The membership of the Council is generally representative of the peoples of Bosnia and Herzegovina and reflects the gender balance in Bosnia and Herzegovina. The Book of Rules of the Council regulates the procedures necessary to ensure compliance with applicable provisions of the Constitution and laws of Bosnia and Herzegovina regulating this issue.