The Prosecutor’s Office of Bosnia and Herzegovina (BiH) announced on Thursday that it is conducting an investigation into an attack on the constitutional order, a day after the President of Republika Srpska, Milorad Dodik, signed a decree enacting a law that bans the BiH Court, BiH Prosecutor’s Office, the High Judicial and Prosecutorial Council of BiH, and the State Investigation and Protection Agency (SIPA) from operating in the entity.
“The Prosecutor’s Office of BiH has been conducting investigative actions since December 2024 due to reasonable suspicion that the criminal offense of attacking the constitutional order, as defined in Article 156 of the BiH Criminal Code, has been committed,” the judicial institution stated.
Under the BiH Criminal Code, the minimum sentence for this offense is five years in prison, along with a ban on political activity.
Although the BiH Prosecutor’s Office did not name individuals, Dodik claimed on the social media platform X that he had received a summons from the BiH Prosecutor’s Office for questioning as a suspect in an attack on the constitutional order. He promised that he would not comply.
However, under BiH’s Criminal Procedure Code, the competent court, or in urgent cases the prosecutor, can issue an order for apprehension, which is carried out by judicial police.
Dodik’s General Secretary, Jelena Pajić Baštinac, clarified that the laws banning the activities of state judicial and police institutions in Republika Srpska will come into effect on Friday, March 7.
The United States is resolute in advancing our interests in Bosnia and Herzegovina. For 30 years, our commitment to the Dayton Peace Agreement and a stable and secure Bosnia and Herzegovina has been unwavering.
— US Embassy Sarajevo (@USEmbassySJJ) March 6, 2025
We are deeply concerned by last night's signing of the…
U.S. Embassy Reacts
The U.S. Embassy in BiH reacted to Dodik’s moves, stating that they represent a deliberate provocation against BiH’s constitutional order.
“This constitutes a direct threat to the stability and security of BiH and the strategic goals of the United States,” the Embassy stated in a post on X.
The statement also emphasized that the U.S. has been unwaveringly committed to the Dayton Peace Agreement and a secure BiH for 30 years. The Embassy advised leaders behind what it called unconstitutional and anti-Dayton laws to refrain from further escalation and inflammatory rhetoric.
According to Fonet, the European External Action Service (EEAS) also responded, stating that the acts adopted by the Republika Srpska Assembly threaten BiH’s constitutional and legal order, the functionality of state institutions, and fundamental freedoms of citizens.
Furthermore, they stressed that Republika Srpska “must respect the Constitution of BiH” as well as its laws, jurisdictions, and institutional decisions, “which include the Constitutional Court, the High Judicial and Prosecutorial Council, the BiH Court, the BiH Prosecutor’s Office, and the State Investigation and Protection Agency.”
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U.S. Mission to the OSCE Responds
The U.S. Mission to the Organization for Security and Cooperation in Europe (OSCE) also reacted during a session of the OSCE Permanent Council in Vienna, naming Milorad Dodik and the leadership of Republika Srpska as individuals undermining the Dayton Peace Agreement.
“The United States remains committed to the sovereignty and territorial integrity of BiH. Preserving stability in BiH is crucial to preventing conflict and ensuring security in BiH and the region,” the U.S. delegation stated, as reported by the Sarajevo-based portal Klix.ba.
They reiterated their “strong support for the Dayton principles of BiH,” reaffirming that BiH is “a democratic, independent, and sovereign state consisting of two entities and the Brčko District.”
The delegation firmly rejected any actions that undermine BiH’s security and stability, particularly pointing to the rhetoric of Republika Srpska President Milorad Dodik and decisions that weaken state institutions and threaten BiH’s security and stability.
The U.S. delegation warned that the decisions of the Republika Srpska National Assembly, which recently passed anti-Dayton laws later enacted by Dodik, “undermine the Dayton Peace Agreement and the judicial system of BiH.”
“The Constitutional Court of BiH is a crucial state institution, and we expect all citizens and local institutions to respect its decisions. The laws passed by Republika Srpska authorities challenge the authority of state institutions and attempt to prevent them from operating in the entity’s territory. These laws are a threat to security and stability in BiH and the region,” they emphasized.
The U.S. Mission to the OSCE expressed full support for the Office of the High Representative (OHR) in BiH, underscoring that OHR has “unquestionable legitimacy under the Dayton Peace Agreement.”
They also backed the use of the High Representative’s “Bonn powers” when necessary to protect the Dayton Agreement.
“The U.S. remains committed to working with our international partners to uphold the Dayton Peace Agreement and support BiH on its democratic and Euro-Atlantic path,” the U.S. delegation to the OSCE concluded.
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Source: Glas Amerika, N1; Foto: Tanjug