The Office of the High Representative in Bosnia and Herzegovina (OHR) prohibited the implementation of conclusions adopted at the end of 2024 by the National Assembly of BiH’s Republika Srpska (RS) entity, which sought to block any decision-making at the state level of Bosnia and Herzegovina due to the ongoing trial against entity president Milorad Dodik. Dodik is being prosecuted before the Court of Bosnia and Herzegovina for disregarding the decisions of High Representative Christian Schmidt.
“It is hereby declared that the Conclusions of the Republika Srpska National Assembly No. 02/1-021-1562/24, No. 02/1-021-1563/24 and No. 02/1-021-1564/24 adopted at its 16th Special Session held on 24 and 25 December 2024 violate Republika Srpska’s obligations and commitments under Annex 4 and Annex 10 to the General Framework Agreement for Peace in Bosnia and Herzegovina”, the OHR decision states.
“This Order is issued pursuant to the international mandate of the High Representative and is not issued by way of substitution for any domestic authority. It shall have precedence over any inconsistent provisions of the Constitution of Republika Srpska, any law, regulation or act, existing or future. This Order shall be directly applicable and no further act is required to ensure its legal effect”, it says.
The move was welcomed by the United Stated Embassy in the country, which said that Schmidt’s decision was made to “defend the Dayton Peace Agreement and protect BiH’s state-level judicial and rule of law institutions”.
The special session of the National Assembly of the Republika Srpska (RS) where the conclusions were adopted was suddenly convened by its president, Nenad Stevandic, who, like Dodik and almost all of his close associates, is under U.S. sanctions.
The session was convened amidst debates about whether and under what conditions Dodik could participate in the continuation of his trial ahead of the hearing scheduled for December 30, following an operation he underwent in Belgrade earlier that month last year for esophageal obstruction.
The conclusions adopted were:
1. Erosion of the Legal Order in BiH
The National Assembly of Republika Srpska adopts the information regarding the erosion of the legal order in BiH through violations of the Dayton Agreement by illegal actions of High Representatives in BiH, anti-Dayton activities of the Constitutional Court of BiH, and the Court and Prosecutor's Office of BiH.
2. Commitment to Territorial Integrity and Sovereignty
RSNA remains committed to respecting the territory and ‘divided sovereignty’ between the entities and BiH as defined by the General Framework Agreement for Peace in BiH, particularly Annex II.
3. Legal System and Security
RSNA notes that the legal system and legal security of all citizens of Republika Srpska and BiH have been severely undermined by unlawful decisions made by all past High Representatives, including Christian Schmidt, who ‘was not appointed as the High Representative in accordance with Annex X of the Dayton Agreement.’
4. Rejection of Legislative Authority by Foreign Representatives
The Assembly emphasizes that High Representatives ‘do not have the mandate to exercise constitutional or legislative authority’ by imposing personal solutions as binding decisions.
5. Alignment with European Legal Standards
RSNA states that the European Union's legal system does not accept the possibility of unelected foreigners enacting laws instead of democratically elected institutions. It requires representatives from Republika Srpska in state institutions to suspend decisions related to European integration until the process aligns with democratic principles and the rule of law.
6. Annulment of Unconstitutional Acts
The Assembly demands the annulment of acts resulting from unconstitutional actions by foreign individuals who lack the constitutional authority to propose or enact laws.
7. Judiciary and Sovereignty
RSNA asserts that judicial institutions at the BiH level, including the Court, Prosecutor's Office, and the High Judicial and Prosecutorial Council, are ‘unconstitutional categories’ imposed by the High Representative.
8. Politically Motivated Legal Proceedings
The Assembly condemns ‘politically motivated’ proceedings against Republika Srpska representatives based on decisions ‘unlawfully imposed’ by Christian Schmidt, stating they acted within their constitutional and legal powers.
9. Call for Humane Legal Standards
RSNA warns that European legal standards prohibit inhumane and degrading court proceedings against individuals in poor health, as currently practiced by the Court of BiH.
10. Suspension of Decision-Making
The Assembly calls on RS representatives in state institutions to suspend decision-making at the BiH level, except in cases involving the transfer of competencies or endangering Republika Srpska's position, until fair legal standards are ensured.
11. Protection of Sovereignty
RSNA condemns the interference of the Prosecutor’s Office of BiH in the Assembly's work, asserting that only the Constitutional Court of Republika Srpska can review its decisions.
12. Criminal Code Amendments
The Assembly requests the RS Government to urgently propose amendments to the Criminal Code of Republika Srpska, criminalizing non-compliance with RS institutional decisions.
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