The President of Republika Srpska, Milorad Dodik, stated that he will await the parliamentary process for the law prohibiting the operations of Bosnia and Herzegovina institutions within that entity before signing it.

“SIPA will not be able to function in Republika Srpska, nor will the Court or Prosecutor’s Office of BiH, nor will their rulings be enforced. If they believe they can, let them attempt,” Dodik remarked in Mostar on March 3, following a meeting with Dragan Čović, the president of the Croatian Democratic Union of BiH.

On February 27, the Assembly of Republika Srpska approved the Draft Law on the Non-Application of Laws and the Prohibition of the Activities of Extra-Constitutional Institutions of BiH.

This legislation aims to prohibit the actions of the Court of BiH, the Prosecutor’s Office of BiH, the State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council of BiH within the territory of Republika Srpska (RS). The law must initially be reviewed by the Council of Peoples of Republika Srpska, which can request the entity’s Constitutional Court to assess whether the law infringes upon the rights of any of the three constituent groups – Bosniaks, Croats, or Serbs. Subsequently, the law will be enacted through a decree by the President of RS.

The unilateral decision to terminate the jurisdiction of Bosnia and Herzegovina over a section of its territory contravenes the Constitution of Bosnia and Herzegovina, as previously determined by the Constitutional Court of BiH. For BiH institutions’ jurisdiction to be revoked, the BiH Parliament would need to revisit the issue.

The adoption of the law prohibiting the operations of Bosnia and Herzegovina institutions in RS occurred one day after the Court of BiH issued a first-instance verdict against Dodik, sentencing him to one year in prison and imposing a six-year ban on holding office. Miloš Lukić, the acting director of the RS Official Gazette, was acquitted. Both the defense and the BiH Prosecutor’s Office have the right to appeal the ruling.

Dodik and Lukić faced accusations of failing to comply with decisions made by the High Representative Christian Schmidt, who previously annulled two laws concerning the non-application of the High Representative’s decisions and the rulings of the Constitutional Court of BiH in the territory of RS.

Dodik reiterated his stance that Bosnia and Herzegovina “does not possess rights” to a fiscal system, army, and judiciary, claiming that these competencies were imposed by previous high-ranking representatives of the international community, who subsequently “pressured MPs” to endorse them in the state parliament.

The Court of BiH, the Prosecutor’s Office of BiH, the Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council of BiH were established through decisions made by the Parliamentary Assembly of Bosnia and Herzegovina over 20 years ago, with votes cast by present deputies, including representatives of the Serbian people, in accordance with applicable laws.

Dodik also mentioned that high-ranking representatives amended the entity’s Constitution of Republika Srpska and announced plans for a new one, which would eliminate the Council of Peoples as a second chamber, where the delegate caucuses – Bosniak, Croat, and Serb – can request a review of laws during the legislative process before the entity’s Constitutional Court.

“We agree that the representation of other peoples must be guaranteed in the National Assembly. Anything less is not acceptable,” Dodik said regarding the Constitution of Bosnia and Herzegovina. He noted their efforts to address laws concerning the Court and Prosecutor’s Office, as well as the Constitutional Court of BiH.

“And that proved unfeasible. They wish for a foreigner to be able to propose decisions and for their disregard to be a criminal offense. In RS, we will not comply,” Dodik asserted.

According to Annex 10 of the Dayton Peace Agreement, the High Representative serves as the “final authority in the country regarding the interpretation” of the agreement that concluded the war in Bosnia and Herzegovina, which is an integral part of the state Constitution. The High Representative additionally possesses the Bonn powers, established at the Peace Implementation Council (PIC) meeting in Bonn in December 1997.

The PIC, through the development of Annex 10, empowered the High Representative to remove public officials from office who violate legally assigned obligations or the Dayton Agreement and to impose vital laws when legislative bodies of BiH fail to adopt them.

This body comprises 55 nations and organizations and was formed in London shortly after the Dayton Agreement was signed. Its Steering Board, made up of representatives from various major powers and the European Union, selects the High Representative and provides political guidance.

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