Lawyer Anto Nobilo stated that the political crisis in Bosnia and Herzegovina would not have occurred had it not been for the unnecessary criminal proceedings initiated against Republika Srpska President Milorad Dodik over an offense that Christian Schmidt fabricated solely to prosecute him.
“This entire political crisis started with Schmidt, and it could have been avoided. It was neither wise nor reasonable, and now we are where we are. In any case, we are no longer in the realm of criminal law—the problems are much bigger,” Nobilo emphasized.
He pointed out that the real issue is that one of the constituent peoples in BiH does not feel comfortable in the country, whereas all should feel equal and view BiH as their state. However, he noted, that is not the reality, and it remains a political problem.
“How this issue will be resolved, I do not know,” Nobilo said.
Repression instead of dialogue
Nobilo criticized officials from the other entity for refusing to engage in dialogue with Dodik, stating that resorting to repression to address a political crisis is a mistake.
“They should have approached the issue through negotiations, discussions, and political solutions. Moreover, Dodik remains innocent—he has not been convicted, he is still the President of Republika Srpska, and discussions should be held with him to harmonize the proposed Constitution of Srpska with the Constitution of BiH. There is still a month to find a solution and hold talks,” Nobilo said while appearing on Sarajevo’s Face TV.
In response to the journalist’s claim that there will be no negotiations and that an arrest warrant remains the only option, Nobilo noted that such an approach is the decision of the Federation of BiH authorities but is ultimately not a good one.
“If Dodik is removed, someone more radical will take his place, and the situation will escalate. I am not here to defend Dodik, but I believe that dialogue is necessary and that everything should be brought back within constitutional frameworks. Otherwise, we have two politically opposing sides, and I do not know how this will end—whether through repression, conflict, or compromise. But my stance is that political problems must be resolved through political means,” Nobilo asserted.
He emphasized that using repression to deal with major political problems is a mistake, as such an approach will accomplish nothing.
BiH’s Constitution imposed by foreigners
Speaking about the BiH Constitution, Nobilo explained that it was never passed through the proper constitutional procedure in the BiH Parliamentary Assembly with a qualified majority, but rather was imposed by foreign actors.
“Nothing went through the constitutional procedure, and that is the core issue. Declaring that the High Representative has legislative authority is not written anywhere in the Constitution. That is why I keep repeating—what matters now is whether this situation will be handled through repression and arrests or through negotiations with political opponents. That is the key issue,” Nobilo assessed.
He further explained that the current constitutional and legal situation in BiH has drifted far from the original Dayton framework.
“This is no longer Dayton. Anyone who claims otherwise is not telling the truth. The international community has imposed solutions that were not part of Dayton. They likely believed that Dayton’s BiH was an unworkable state, so they found it easier to govern by centralizing power. Over the years, they have systematically pursued the unitarization of BiH,” Nobilo pointed out.
Dayton has been abandoned
According to Nobilo, all political actors in BiH have abandoned the Dayton Agreement, and no one is adhering to it. He stated that the current political and legal framework in BiH does not reflect Dayton, as changes have been made without following the prescribed constitutional procedure.
“Dayton does not correspond to the constitutional and legal reality in BiH today. Everyone swears by Dayton, yet everyone has betrayed it. The original Dayton was drafted by American lawyers based on the U.S. model, which clearly states that all powers belong to the entities, except those explicitly assigned to BiH. That is exactly how it works in the U.S.,” Nobilo explained.
By that logic, he emphasized, Dodik is correct in arguing that the original Constitution of BiH does not mention the Court or Prosecutor’s Office of BiH.
“I agree that such institutions should exist at the state level, but they were never part of the Constitution,” Nobilo pointed out.
Natural resources and constitutional debate
Nobilo also touched on another crucial issue—the ownership of natural resources in BiH, particularly the minerals and raw materials located within the entities.
“Since the Constitution does not mention natural resources, Republika Srpska’s position is that these resources belong to Republika Srpska,” Nobilo stated.
He recalled that during the trial, Dodik repeatedly—at least 20 times—stated in his closing argument that he supports a BiH based on the Dayton Agreement.
“He swore by Dayton throughout the trial. However, once he was convicted, the situation escalated, leading to the proposal of a new Constitution for Republika Srpska. I see this proposed Constitution as an expression of maximalist goals. But now there is a one-month period for public debate, and there is still time for negotiations with Dodik. The best solution would be to harmonize that Constitution with the BiH Constitution, which is why I believe dialogue is essential,” Nobilo concluded.
Legal counsel for Dodik
When asked why he served as a legal advisor to Dodik during the trial, Nobilo explained that it was an opportunity he could not refuse, given the case’s significant political implications.
“This was an important political case from a professional standpoint, as it had major consequences for the future of BiH,” Nobilo said.
As for why he is no longer part of Dodik’s legal team, Nobilo explained that Dodik and the leadership of Srpska no longer recognize the Court of BiH and have refused to participate in further legal proceedings.
“The reason is very simple—there is no need for a lawyer anymore. There is no longer a legal case from Dodik’s perspective, as Republika Srpska has passed a law declaring that the Court and Prosecutor’s Office of BiH have no jurisdiction over its territory. They do not intend to defend themselves or participate in the process. This has now become a political and constitutional crisis where there is no role for lawyers,” Nobilo concluded.
Source: RTRS
