The Minister of Defense of Bosnia and Herzegovina, Zukan Helez, stated that he has refused to grant approval for the overflight of a military aircraft or helicopter from neighbouring Serbia across the territory of BiH, according to the flight plan submitted by the Serbian Embassy in the country for January 8 and 9, 2025.
Helez stated on Facebook that he informed the Office of the High Representative (OHR), the NATO Headquarters in Sarajevo, EUFOR, and the EU Delegation to BiH about his response to this request.
“This overflight of the Republic of Serbia's helicopter and the visit by the Serbian Ministry of Defense delegation clearly suggests the intention to attend events related to the celebration of January 9, which the Constitutional Court of Bosnia and Herzegovina declared unconstitutional as the Day of Republika Srpska in its 2015 and 2019 rulings”, Minister Helez stated.
He added that disregarding the decisions of the Constitutional Court undermines the rule of law in all democratic states and, in Bosnia and Herzegovina, potentially constitutes a criminal offense.
Helez emphasized that all signatories and witnesses to the Dayton Peace Agreement guaranteed compliance with its provisions, including Annex 4, which establishes jurisdiction, organizational structure, and the finality and binding nature of Constitutional Court decisions.
He also stressed that failure to comply with final and binding decisions of the Constitutional Court ultimately implies a breach of the General Framework Agreement for Peace in Bosnia and Herzegovina, which could have unforeseen consequences for peace and stability.
“I would like to point out that by ratifying the ‘Declaration of the All-Serb Assembly,’ which states: ‘The All-Serb Assembly expects Republika Srpska to continue marking January 9 as the Day of Republika Srpska and its patron saint’s day,’ Serbia disputes the Constitutional Court's decisions. I believe this planned visit could have political and security implications.
Furthermore, the ‘Declaration of the All-Serb Assembly’ in its part stating: ‘The All-Serb Assembly supports Serbia's policy of military neutrality concerning all existing military alliances, and Republika Srpska, in agreement with such political commitments, will fight to preserve military neutrality in Bosnia and Herzegovina,’ directly violates Article 84 of the Defense Law of Bosnia and Herzegovina and represents interference in the internal and external sovereignty of BiH,” Helez noted.
“By granting approval on behalf of the Ministry of Defense of Bosnia and Herzegovina, I, as the Minister of Defense and an official within the BiH institution, would fail to respect the final and binding decision of the BiH Constitutional Court and ultimately be complicit in obstructing the enforcement and implementation of the court's decision. This would constitute a violation of Article 239 of the BiH Criminal Code, which prescribes penalties for preventing or otherwise obstructing the implementation, enforcement, or execution of Constitutional Court decisions”, he added.
“I call on the authorities of the Republic of Serbia to respect the parliamentary, judicial, and other decisions of Bosnia and Herzegovina’s institutions and bodies and, in accordance with the Dayton Peace Agreement, to respect the constitutional order of BiH,” Helez concluded.
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