The director of the Center for Socio-Political Research of Republika Srpska, Dušan Pavlović, emphasized that by refusing to declare itself incompetent and by continuing the trial against the president of Republika Srpska, Milorad Dodik, and the director of the Official Gazette, Miloš Lukić, the Court of Bosnia and Herzegovina has caused legal and political damage to the Dayton Agreement and Republika Srpska. Because of this, Pavlović asserts that Srpska has no choice but to undertake concrete measures of self-defense.
Pavlović stated that Republika Srpska has both a legal and political obligation to act immediately in order to protect its status, the constitutional rights of the Serb people, and the international order established by the Dayton Peace Agreement.
Below is the full text of Pavlović’s article for SRNA, titled “Should Republika Srpska wait for the verdict of the Court of Bosnia and Herzegovina?”
The Court of Bosnia and Herzegovina missed its last procedural opportunity to declare itself incompetent and dismiss the case against the president of Republika Srpska and the director of the Official Gazette of Republika Srpska.
By doing so, the Court has confirmed that it is continuing with precedent-setting practices that endanger the constitutional order of Republika Srpska and, consequently, the Dayton Peace Agreement.
Republika Srpska has so far acted with restraint in an effort to maintain stability in Bosnia and Herzegovina and the region. However, the continuation of this trial and the inevitable verdict—regardless of its outcome—force Republika Srpska to take self-defense measures.
Regardless of the verdict, the mere fact that the Court of Bosnia and Herzegovina is proceeding with the case represents a blatant violation of the Dayton Agreement and an attempt to centralize the legal system of Bosnia and Herzegovina, which has the following consequences:
- A legal precedent subordinating Srpska’s Constitution to Bosnian laws – Even if these laws were legitimate, this ruling would directly contradict Annex IV of the Dayton Agreement (the Constitution of Bosnia and Herzegovina), which clearly states that the entities are the bearers of original competencies.
- Stripping Republika Srpska’s institutions of sovereignty – If officials of Republika Srpska can be prosecuted for carrying out their constitutional duties, then Srpska’s institutions no longer have real autonomy in decision-making.
- Complete judicial control over Republika Srpska by the Bosnian judiciary – Following this ruling, any decision made by the National Assembly of Republika Srpska could be suspended and annulled through judicial means, meaning that the Serb people in Bosnia and Herzegovina would lose real political power and their constitutional position.
Since the Court of Bosnia and Herzegovina has continued this process and, in doing so, effectively challenged the constitutional autonomy of Republika Srpska as a signatory to the Dayton Agreement, Srpska’s institutions must take immediate action to protect their status within the Dayton framework and the rights of the Serb people.
The National Assembly of Republika Srpska, the government, the Ministry of Justice, and the Constitutional Court of Republika Srpska are now obligated to take all necessary steps to protect the constitutional rights of the Serb people, all citizens of Srpska, the entity itself, and the Dayton Agreement.
In this context, it is necessary to inform all relevant international actors about the critical threats to the Dayton Agreement and the stability it has ensured.
It is also becoming increasingly evident that a partial withdrawal from joint institutions at the level of Bosnia and Herzegovina, as well as the possibility of holding a referendum, must be considered.
Republika Srpska has a legitimate international legal basis and obligation for such measures. This is supported by various UN documents, the Vienna Convention on the Law of Treaties, the Dayton Peace Agreement itself (Annex IV), and other international legal acts and practices.
By refusing to declare itself incompetent and by continuing the trial against the president of Republika Srpska and the director of the Official Gazette of Republika Srpska, the Court of Bosnia and Herzegovina has inflicted legal and political damage on the Dayton Agreement, Republika Srpska, and the Serb constitutional people in Bosnia and Herzegovina.
Republika Srpska has no choice but to take concrete measures of self-defense.
Republika Srpska has a legal and political obligation to act immediately to protect its status, the constitutional rights of the Serb people, and the international order established by the Dayton Peace Agreement.
Source: RTRS
