Dodik’s (Non-)Extradition: Legal Implications of the Arrest Warrant for Republika Srpska’s President

On March 27, 2025, the Court of Bosnia and Herzegovina formally requested Interpol to issue a Red Notice for Milorad Dodik, citing reasonable suspicion of committing the crime of attacking the constitutional order of Bosnia and Herzegovina.

This development has sparked significant public interest, despite ongoing student and civic protests in Serbia dominating media coverage.

Interpol’s Red Notice request introduces complex legal and political challenges in an already intricate Bosnian political landscape, with potential ramifications that extend beyond Bosnia’s borders. For Serbia’s authorities, three key legal questions arise:

1. Are the conditions met for issuing an international arrest warrant?
2. What obligations does Serbia have regarding the Red Notice?
3. Is Serbia legally required to extradite Dodik if he is found on its territory?

The Legal Grounds for an Interpol Red Notice

Interpol’s rules dictate that a Red Notice can only be issued for serious criminal offenses. These exclude violations tied to cultural norms, administrative laws, private disputes (unless linked to serious crimes or organized crime), and politically motivated cases.

Additionally, the requested offense must carry a minimum sentence of two years in prison if prosecution is pending, or a minimum of six months if the suspect has already been convicted. The requesting country must provide detailed case documentation, including the nature of the offense, relevant laws, and an official arrest warrant.

Before publishing a Red Notice, Interpol’s General Secretariat assesses whether the request aligns with Articles 2 and 3 of its constitution, which prohibit actions motivated by political, military, religious, or racial reasons.

If Interpol approves the Red Notice for Dodik, Serbian authorities would be legally bound to act. This means notifying both Interpol and Bosnia and Herzegovina of his presence, restricting his movement, and potentially placing him in temporary custody.

Is Serbia Obligated to Extradite Dodik?

In short: likely, but with exceptions.

Serbian law generally prohibits the extradition of its own citizens, including dual nationals. However, Serbia and Bosnia and Herzegovina signed an extradition treaty in 2013, allowing extradition under specific conditions.

Under this treaty, Serbia may extradite its citizens for serious crimes, such as organized crime, corruption, and money laundering, as well as offenses carrying a minimum five-year prison sentence. The final decision would rest with Serbian courts.

However, a legal loophole—often referred to as an “exit strategy”—could delay or prevent Dodik’s extradition. If Serbia launches a domestic criminal investigation against him, especially for crimes allegedly committed on Serbian soil, extradition could be postponed until the case concludes.

One potential justification is the ongoing investigation into Dodik’s purchase of a luxury villa in Belgrade’s Dedinje neighborhood, already under scrutiny by Bosnian prosecutors. If Serbian authorities open a parallel case, they could claim jurisdiction, effectively blocking the extradition process.

While the legal framework suggests Dodik’s extradition is possible, political considerations and legal maneuvers may ultimately determine the outcome.