The conclusions adopted by the National Assembly of Republika Srpska pose a serious threat to the constitutional order of Bosnia and Herzegovina, according to a joint statement by Western embassies, including the United States, the United Kingdom, Germany, France, and Italy, alongside the European Union delegation and the EU’s special representative in Bosnia.
The statement underscores that all laws and resolutions passed by lower bodies, including the parliamentary bodies of Bosnia’s entities, must align with the Constitution. It reiterates that no entity holds the authority to challenge Bosnia’s existing laws or institutions.
“At a time when Bosnia has never been closer to opening official EU membership negotiations, the return of political blockades would have negative consequences for all citizens, the majority of whom support EU accession,” the statement emphasized.
Support for Sovereignty and Rule of Law
The Western powers reaffirmed their commitment to Bosnia’s sovereignty, independence, territorial integrity, and multiethnic character. The statement also expressed unwavering support for the High Representative, tasked under the Dayton Peace Agreement with interpreting the civilian aspects of the peace accord.
Republika Srpska’s Controversial Actions
On December 25, the Republika Srpska National Assembly adopted a resolution calling on Milorad Dodik, the pro-Russian president of the entity, to refuse summons from the Bosnia and Herzegovina Court until his health improves. This resolution marked a softening from earlier drafts, which proposed Dodik should ignore all court summons.
The resolution was one of 12 conclusions passed after reviewing information on what Republika Srpska authorities described as the “collapse of the legal order in Bosnia and Herzegovina” due to alleged violations of the Dayton Agreement.
Dodik, who recently underwent surgery in Belgrade, was due to appear in court on December 24. However, his hearing has been postponed to December 30. His legal team claims he requires months to recover, but a court-appointed legal expert has determined that Dodik is fit to stand trial.
Dodik is currently being tried for defying High Representative Christian Schmidt’s annulment of two laws in Republika Srpska. The prosecution has also charged Milos Lukić, acting director of the Official Gazette in Republika Srpska, for enabling the publication of Dodik’s decrees.
Broader Implications
Among the adopted conclusions was a demand for Republika Srpska representatives in Bosnia’s state institutions to suspend decision-making until the state court and prosecutor’s office halt what they term “politically motivated processes” against Dodik and Lukić.
The assembly also called for halting decisions on European integration processes unless conditions align with democratic principles and the rule of law. However, they stated there would be no blockades on decisions involving the transfer of jurisdiction from Republika Srpska to Bosnia and Herzegovina.
International Concerns
The state prosecutor’s office has requested information regarding potential criminal acts related to the assembly’s actions, including conspiracy to commit criminal offenses and threats against the constitutional order.
Despite these allegations, Republika Srpska’s parliament claims to remain committed to respecting Bosnia’s territorial integrity and sovereignty as outlined in the Dayton Agreement. However, it accused the High Representative, the Constitutional Court, and the prosecutor’s office of violating the peace accord.
Background on Dodik
Milorad Dodik has been under U.S. sanctions since 2017 for obstructing the Dayton Peace Agreement. In 2022, additional sanctions were imposed, accusing him of corruption and direct or indirect involvement in undermining the agreement’s implementation.
