Legal expert from Banja Luka: Answer to Bosnian crisis is in Criminal Code

"One way out of the crisis is the emergency session of the Constitutional Court of Bosnia and Herzegovina and, for now, only a temporary measure that has suspended what was passed by the National Assembly of Republika Srpska (RSNA). I am certain that the final decision of the Constitutional Court of BiH in these three cases will confirm that these laws are unconstitutional, which they indeed are, and will permanently annul them," Blagojevic explained.

Regarding the enforcement of Constitutional Court decisions, he pointed to Bosnia and Herzegovina's Criminal Code, which was passed in 2003 with the support of representatives from Republika Srpska in the Parliamentary Assembly of BiH. This law includes the criminal offense of "Failure to Implement Constitutional Court Decisions."

"Applied to the current situation, this means that failure to comply with the temporary measure adopted by the Constitutional Court on Friday also constitutes the criminal offense of failing to implement its decisions. The same applies when a final and substantive ruling is not enforced," he continued.

In practice, he explained, this means that if any official or responsible person in Republika Srpska were to enforce laws banning the jurisdiction of SIPA, the BiH Prosecutor’s Office, or the BiH Court in RS territory after the Constitutional Court's decision, that individual would be committing the crime of failing to implement Constitutional Court rulings.

When asked about the penalties for this offense under BiH law, Blagojevic said he could not provide an exact figure but noted that the BiH Criminal Code prescribes several years of imprisonment for such violations.

"If an order were issued in Republika Srpska, for example, instructing SIPA employees to leave their positions, such an order would not only be unconstitutional and unlawful, but it would also be legally null and void upon issuance. It would carry no legal consequences, nor would those employees be obliged to comply. This is even more evident since the Constitutional Court of BiH has already issued a temporary measure suspending all these laws, which means they cannot be enforced or serve as the basis for any such orders," Blagojevic explained.

He also expressed hope that the situation would not escalate into physical conflict.

"Such an event would constitute the criminal offense of 'Attack on the Constitutional Order of BiH' because this crime is primarily committed through the use of force or threats of force to alter the country’s constitutional framework. I sincerely hope no one will embark on such an adventure and that reason will prevail," Blagojevic concluded.