Britain has condemned an “illegal and reckless” move by Bosnia’s autonomous Serb Republic to suspend rulings by Bosnia’s constitutional court amid deepening political divisions.
The region’s separatist and pro-Russian president, Milorad Dodik, initiated the change after the court decided to convene sessions and make decisions without Serb judges while vacancies remain unfilled.
Serb Republic’s national assembly (Republika Srpska) voted to ignore any decisions and acts of the constitutional court in its territory, and to boycott talks on reforms needed for Bosnia’s integration into the European Union
Julian Reilly, UK ambassador to Bosnia and Herzegovina, described it as “an unwise move which will only benefit those playing political games at the expense of peoples’ lives.”
After the 1990s war, Bosnia was split into two autonomous regions: the Serb Republic, and the Federation shared by Bosniaks and Croats, which are linked via a weak central government.
The 1995 Dayton peace agreement that ended the war established the constitutional court with exclusive jurisdiction to decide any dispute that arises between the entities, between the state and the entities or between state institutions.
Three of the nine court members are appointed by the president of the European Court of Human Rights and six by regional parliaments.
The Republika Srbska assembly, which appoints two Serb judges to the court, has failed to nominate a new candidate to fill a vacancy, while Dodik and his allies have called on the remaining Serb judge to withdraw from the court, which they say has acted against Serb interests.
“This is a biased, inquisition court,” said Dodik, who has long called for the secession of his region from Bosnia.
Mr Reilly said the RS assembly has “endorsed an illegal and reckless move which has no legal standing in Bosnia and Herzegovina,” adding: “The Dayton Peace Agreement and the constitution make very clear the primacy of the constitution and of the constitutional court. The ruling RS coalition cannot unilaterally rewrite the fundamental basis of the country.
“A well-functioning Bosnia and Hercegovina requires the engagement and input of all groups across the country.”
Nedim Ademovic, a constitutional law expert, said the move is the “deepest crisis since the Dayton peace deal.”
