On Thursday, lawmakers at the National Assembly of Republika Srpska (RS) in Banja Luka — an autonomous Serbian-majority region under Bosnia-Herzegovina (BiH) — proceeded with legislation that establishes a separate judicial system; hence, effectively pulling out of BiH’s state judicial institution. The move has drawn criticism from the West, particularly the United States (US) who has accused the Bosnian Serb leader Milorad Dodik of threatening the stability and territorial integrity of BiH and violating the US-brokered Dayton Peace Agreement of 1995, which ended the Bosnian war.
The draft law plans to establish a separate High Judicial and Prosecutorial Council (HJPC) that will be responsible for electing judges and prosecutors as well as determining their scope of power and jurisdiction. Currently, this job is performed by the BiH’s HJPC which was formed in 2004. The draft law was passed with an approval of 43 votes out of the 63 that were cast in the 83-capacity parliament, setting into motion a 60-day public discussion period when legal experts and other institutions will deliberate over the law.
RS lawmakers hailed the passage of the law claiming that they are “taking back” rights that were unconstitutionally taken from them in the past. Opposition members of the Parliament abstained from the vote, which even raised doubts over the parallel functioning of the HJPC along with BiH’s. Some accused Dodik of using the law as a campaign for the upcoming elections in October.
The Serb parliament is dominated by nationalist leader Dodik’s SNSD party that has passed laws separating RS’s armed forces and tax system from BiH in the past. Dodik is the Serb leader of BiH’s tripartite presidency that shares power between the country’s two other ethnic groups, Bosniaks and Croats.
The Peace Implementation Council (PIC) condemned the court’s actions saying that the creation of a separate HJPC is “unconstitutional” and added that it violates the rights of BiH citizens, particularly the ones that live in RS. PIC is an international platform comprising 55 member states and other international organisations such as the International Monetary Fund, the Council of Europe and the International Committee of the Red Cross. It was created as a diplomatic link between the West and BiH to ensure peace in the region following a brutal period of war in the 1990s, wherein 100,000 died and two million people were displaced.
The European Union (EU) spokesman Peter Stano said in case the situation in RS further deteriorates, the EU is ready to impose sanctions and review its assistance in the region. The US embassy in Sarajevo said Dodik’s move “will allow criminals to prosper and corruption to flourish.” In early January, the US slapped Dodik with sanctions over corruption and destabilisation charges.