Retired German bureaucrat Christian Schmidt is illegitimately assuming the role of High Representative in Bosnia and Herzegovina and enacting laws at his own discretion, contrary to the Constitution of Bosnia and Herzegovina agreed in Dayton and in complete disregard for the rule of law, according to an annex to the 35th report of the Government of Republika Srpska submitted to the United Nations Security Council.
The Government of Republika Srpska states that Schmidt’s claim to hold the position of High Representative is, in general understanding, unfounded.
- Unlike all previous High Representatives, his appointment was not approved by the United Nations Security Council as required by the Dayton Peace Agreement. Instead, Schmidt claims to have been appointed by an informal group of countries calling themselves the Steering Board of the Peace Implementation Council (PIC) – the document states.
It is pointed out that the Dayton Agreement, as the sole legal basis for the existence of the High Representative, grants no authority to the PIC or its Steering Board to appoint such a position.
- On the contrary, the agreement does not even mention or foresee the PIC, which, as confirmed by the European Court of Human Rights, is merely an “informal group of states”. The PIC has no statute, no rules of procedure, no legal personality, and no authority – the annex states.
Schmidt accused of sympathizing with those responsible for WWII crimes
The document assesses that appointing a German as High Representative would itself be offensive to the citizens of Bosnia and Herzegovina, given that Germany and its allies committed genocide against Serbs, Jews, and Roma during the Second World War.
- However, the selection of Christian Schmidt, given the sympathies he has expressed, was scandalous. Schmidt has faced criticism even in the German press for his attitude toward victims of Nazism. He is a loyal member of the “Kameradenkreis der Gebirgstruppe”, an organization that often honors Nazi “heroes” from World War II – the document states.
The Government recalls that in 2007 Schmidt attended an event alongside Nazi war criminal Josef Scheungraber and other Wehrmacht veterans, dedicated to fallen members of mountain troops, including units responsible for massacres in Yugoslavia during the war.
It is also stated that, as a parliamentary state secretary in the Ministry of Defense, Schmidt made efforts in the 2000s to rehabilitate Werner Mölders, a Nazi fighter pilot closely associated with Hermann Göring and decorated as a “hero of National Socialism”.
- That a person like Schmidt, with such offensive views and connections, could even be considered for any diplomatic position is astonishing in itself, and appointing him to a mission in a country devastated by the very German forces he glorifies is a complete disgrace – the Government states.
It further claims that the administration of former U.S. President Joseph Biden allowing then-Chancellor Angela Merkel to select such a controversial figure represents a major diplomatic failure.
Unelected foreigner violating constitutional order and international law
The annex emphasizes that the Dayton Agreement limits the High Representative’s role to reporting, coordinating international efforts, and mediating.
No provision of the agreement, nor any other legal source, grants the High Representative the authority to impose laws. The Constitution of Bosnia and Herzegovina explicitly requires that all laws be adopted by both chambers of the Parliamentary Assembly.
- An unelected foreigner imposing laws grossly violates these constitutional provisions and flagrantly breaches international law guaranteeing citizens the right to democratic governance – the document states.
The Government notes that High Representatives, with support from certain powerful foreign capitals, have nevertheless assumed the authority to impose laws, as no one was willing or able to stop them, thereby seriously undermining the constitutional order.
While the Dayton framework carefully established mechanisms to ensure that none of the three constituent peoples — Bosniaks, Croats, and Serbs — could dominate the others, some High Representatives have used self-assumed powers to disrupt that balance and centralize control through institutions in Sarajevo.
- Schmidt stands out for his reckless and repressive use of such powers. He has enacted dozens of “laws” simply by publishing them on the OHR website, triggering successive political crises. He consistently shows disregard for democratically elected officials, particularly those from Republika Srpska – the annex states.
It recalls that last year Schmidt attempted to block the functioning of a major ruling party in Republika Srpska by denying it access to public funds through an administrative decision.
His most controversial move, however, is described as the introduction in July 2023 of a criminal offense he himself created, threatening prison sentences for anyone who fails to comply with his decisions as if they were adopted through legislative procedure.
- The explicit goal of that decree was to remove then-President of Republika Srpska Milorad Dodik from office through a politicized judiciary, which was ultimately achieved – the annex claims.
Schmidt has also repeatedly threatened to bypass the judiciary entirely and impose extrajudicial sanctions, including dismissals and bans from public office.
It is further noted that his actions are effectively immune from accountability before any domestic or international body, and that he maintains a decision prohibiting any legal proceedings that would challenge decisions of the High Representative.
“Destructive conduct”
According to the Government, Schmidt’s mandate is marked by disregard for ethical standards. The UN standards of conduct for international civil servants prohibit interference in political affairs or actions aimed at undermining governments.
- Schmidt clearly disregards such standards. It is a disgrace for the international diplomatic community that his unlawful, unethical, and destructive conduct in Bosnia and Herzegovina has not been stopped once and for all – the annex states.
The document concludes that Schmidt’s actions have reinforced Republika Srpska’s position that Bosnia and Herzegovina must be governed by its democratic institutions in accordance with the Dayton Agreement.
- For Bosnia and Herzegovina to have a stable future, it must be governed by its own citizens. Republika Srpska calls on all who value democracy and the rule of law to demand an end to foreign colonial governance and to insist that the country be governed by elected representatives in line with its Constitution – the annex concludes.
Source: RTRS
