President Milorad Dodik of Republika Srpska, who was found guilty by the Court of Bosnia and Herzegovina for violating the decisions of the High Representative and is under suspicion for assaulting the constitutional order, has departed from the country, traveling first to Serbia and then to Israel. This departure has sparked various legal and political concerns, including the possibility of an international arrest warrant being issued.

Dodik was seen in Batajnica, Serbia, on Monday (March 24) commemorating the anniversary of the NATO bombing, before heading to Israel for a conference focused on combating anti-Semitism. Reports indicate that the BiH Border Police did not intervene as he exited the country, despite a central arrest warrant being active, highlighting significant deficiencies in the operations of the relevant authorities.

According to the Sarajevo newspaper “Oslobođenje”, a central arrest warrant has been issued for Dodik, along with RS National Assembly President Nenad Stevandić and RS Prime Minister Radovan Višković, following their failure to respond to the BiH Prosecutor’s Office summons regarding their suspected involvement in assaults on the constitutional order of BiH.

Ambassador to DW: “Clear procedures for Interpol arrest warrant”

The Law on International Legal Assistance in Criminal Matters stipulates that when a central arrest warrant is issued for an individual who leaves the country, judicial authorities are empowered to request an international (Interpol) arrest warrant. This warrant is issued by the Court of BiH based on a request from the Prosecutor’s Office and subsequently delivered to Interpol, which will determine further actions. This process may take between one and three days, raising concerns about whether judicial bodies will act promptly to prevent Dodik’s potential return without being arrested.

Dr. Damir Arnaut, a legal expert and Bosnia and Herzegovina’s ambassador to Germany, explained to DW that Interpol’s process is quite straightforward. “When the Interpol General Secretariat receives a request for a so-called red warrant from the National Central Bureau (NCB) in Sarajevo, they verify its compliance with the Statute and Rules of Interpol. If approved, they issue the warrant,” stated Arnaut.

Are the competent institutions in BiH late?

He emphasizes that requests from Bosnia and Herzegovina “almost universally” satisfy these conditions. “However, as stated by Interpol, ‘the duration of the procedure largely depends on the requesting state.’ I’m uncertain whether the BiH Prosecutor’s Office and NCB Sarajevo have initiated these processes yet, but given that reports about Dodik’s travel plans were circulating, and that Stevandić had crossed the BiH border twice previously, it would be surprising if they didn’t have all necessary documentation ready for submission to Interpol,” Arnaut added.

Lawyer Vasvija Vidović also remarked that the international arrest warrant should have been issued as soon as judicial authorities became aware of Dodik’s intention to leave BiH. “The international arrest warrant is communicated to Interpol and remains active even if the individual returns to the country,” Vidović elaborated to the Sarajevo newspaper “Dnevni Avaz”.

Investigation into Dodik’s border crossing

Meanwhile, the BiH Border Police has commenced an internal inquiry into how Dodik managed to cross the BiH-Serbia border. This investigation is being conducted under the directive of Border Police Director Mirko Kuprešaković, with relevant agencies and the BiH Prosecutor’s Office informed.

Media reports suggest that police failed to perform vehicle checks, raising concerns of systemic obstruction within law enforcement. Unofficial sources indicate that five unmarked vehicles traversed the Rača border crossing in a continuous loop, utilizing the VIP lane. Allegations suggest that the border barrier was raised, and that authorities lacked information about the convoy, which reportedly included President Milorad Dodik.

Media assertions from Serbia indicate that they have no records of the convoy, further fueling suspicions within BiH about possible evasion of regulations.

Divided reactions

Political reactions to Dodik’s departure are mixed. Željka Cvijanović, Chairperson of the Presidency of Bosnia and Herzegovina and a member of Dodik’s Alliance of Independent Social Democrats (SNSD), criticized media and political reactions from the Federation of Bosnia and Herzegovina, referring to them as “hysteria from political Sarajevo.” Conversely, some federal media outlets label Dodik a “fugitive.”

In contrast, the Party of Democratic Action (SDA) asserts that both Dodik and Stevandic crossing the border “despite arrest warrants” highlights serious institutional failures. They are calling for the Border Police and the Prosecutor’s Office of BiH to hold those accountable and replace “Dodik’s accomplices” with professionals committed to upholding the law.

Legal experts caution that a failure to enforce the arrest warrant could further erode the credibility of BiH’s judicial institutions and set a dangerous precedent for similar cases of evasion of justice. It remains uncertain whether the Court of BiH will petition for an international arrest warrant or how Interpol will respond. The procedures following Dodik’s potential return to the country and whether authorities will be willing to detain him according to legal protocols also remain to be clarified.

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