Constitutional law expert: Dodik puts major pressure on Vucic

NEWS 06.05.202411:19 0 komentara
N1 BiH

Nedim Ademovic, a lawyer and expert in constitutional law, stated that president of Bosnia's Republika Srpska entity Milorad Dodik is putting significant pressure on president of Serbia Aleksandar Vucic to take actions that are unpopular in Serbia.

At the beginning of the interview with Novi dan, constitutional expert Nedim Ademovic addressed the issue of Bosnia's sovereignty.

“There is no question about Bosnia and Herzegovina's sovereignty. It is a sovereign state. The Constitution of Bosnia and Herzegovina states that it is an independent, sovereign state, like any other. The international community has organized oversight, much like several other countries, such as Germany, which was divided into spheres of interest. When the Constitutional Court explained sovereignty, it referred to the model of functional duality, where both domestic and international authorities manage the state. If we consider membership in the EU, the Office of the High Representative (OHR) becomes a question, but not sovereignty. We will not join the EU without resolving the issue of the OHR, but that does not mean Bosnia and Herzegovina is not a sovereign state,” Ademovic explained.

He continued by explaining what sovereignty should look like in a state.

“This is something often addressed to Serbia's President, Aleksandar Vucic. In his public appearances, he doesn't mention sovereignty in the context of Bosnia and Herzegovina. The Constitutional Court has stated that only state organs have sovereign power, while everyone else has lower authority. Even the entities don't have sovereign powers. This bothers the Government in Republika Srpska. Only the Parliamentary Assembly of Bosnia and Herzegovina has sovereign power. It can determine the direction of the state. The state organs are sovereign and have the right to govern as they see fit.”

He added:

“The situation is very clear. The Constitution of Bosnia and Herzegovina does not allow anyone, including the entities, to take any action that would undermine the Constitution. Whether we call it secession, separation, or something else, it would be immediately declared unconstitutional, triggering the involvement of the Prosecutor's Office of Bosnia and Herzegovina and all police forces. Any attempt by Dodik to enact various unconstitutional acts would have catastrophic consequences. Such an act would lead to a scenario similar to Catalonia and Spain. When Catalonia attempted to declare independence, it caused a reaction from Madrid, leading to arrests and the declaration of unconstitutionality. Similarly, the international community would intervene in Republika Srpska, with far-reaching consequences. All those involved in such an action would be prosecuted. Vučić decides on all matters, and Dodik is putting significant pressure on Vucic to take actions that are unpopular in Serbia.”

Nedim Ademovic also highlighted that peacekeeping forces maintain control in Bosnia and Herzegovina.

“A declaration of secession is a serious matter. It would activate military aspects, with peacekeeping forces deployed at key points. NATO's plan would be activated to keep everything under control. Peacekeeping forces hold control in Bosnia and Herzegovina and are fully aware of what is happening. The Constitutional Court would declare such acts unconstitutional, and the Prosecutor's Office would step in. The international community would not wait; it would immediately make decisions with military support.”

Regarding relations between Croatia and Serbia, Ademovic noted that Croatia is relatively restrained toward Bosnia.

“Croatia is much more restrained in international matters. I think it’s quite correct in its approach. Serbia, on the other hand, should also be more restrained. It should support the actions of the international community and the decisions made by the state organs. The EU would use Serbia's behavior to threaten sanctions if it interferes in Bosnia and Herzegovina's affairs,” he said.

Towards the end of the interview, Ademovic discussed the fear among citizens and the significance of the Resolution on Srebrenica.

“What the Republika Srpska entity is trying to do, in partnership with Serbia, is prevent the adoption of the resolution. Their aim is to escalate tensions regionally, in Bosnia and Herzegovina, and globally, to provoke certain incidents, and instill fear among the citizens. This might push some returnees to leave, allowing them to send a message through lobbying groups that the moment isn't right to adopt the resolution because it could lead to systemic collapse. The best approach at this point is to proceed with dignity and calm. At the same time, we should work to de-escalate the situation in Bosnia and Herzegovina,” he stated.

He added:

“As a citizen of Bosnia and Herzegovina, the resolution holds great importance for me because it represents a global expression of sympathy toward the victims, acknowledging the tragedy that occurred in Srebrenica. It pays tribute to the mothers, sisters, wives, and others who lost their lives. Additionally, it reflects a global consensus to adopt a text in the most important international institution and commit to remembering what happened and why it happened, ensuring that it never happens again. This moves us toward accountability. UN members are obligated to follow protocols, goals, and objectives, and genocide is the mass extermination of people based on their identity. This was allowed in Srebrenica. I view the resolution as a sign of hope for understanding and reconciliation among people for the future and new generations. It was a wrong policy and regime. This is an opportunity for Serbia and Republika Srpska to start healing.”

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