The National Assembly of Republika Srpska (RS) has passed legislation barring key judicial and investigative institutions of Bosnia and Herzegovina (BiH) from operating within the entity.
The decision, taken during a special session on February 27, directly challenges the constitutional framework of BiH and threatens to escalate tensions between RS and the state government.
The adopted legislation, titled the Law on Non-Application of Laws and Prohibition of Operations of Unconstitutional Institutions of BiH, prohibits the work of the Court of BiH, the Prosecutor’s Office of BiH, the State Investigation and Protection Agency (SIPA), and the High Judicial and Prosecutorial Council (HJPC) within RS. The move represents a unilateral withdrawal of state-level jurisdiction from a part of BiH’s territory, in contradiction to the country’s constitution.
According to the constitutional framework of BiH, the Court of BiH, the Prosecutor’s Office, and SIPA were established by laws passed in the Parliamentary Assembly of BiH and confirmed by the House of Peoples. Any changes to their mandate or jurisdiction would require state-level parliamentary approval. Despite this, RS authorities argue that, under the BiH Constitution, any powers not explicitly assigned to state institutions belong to the entities.
The legislation was passed with 49 votes in favour, three against, and 52 deputies present out of 83. The session followed a verdict delivered by the Court of BiH against RS President Milorad Dodik, who was sentenced to one year in prison and barred from holding office for six years. Dodik and his government had previously warned of “radical decisions” should the court find him guilty.
Legal and Political Implications
RS officials, including Minister of Administration and Local Self-Government Senka Jujić, defended the laws, claiming they are necessary to reaffirm entity sovereignty. Minister of Justice Miloš Bukejlović further argued that the amendments were designed to strengthen institutional order and accountability within RS.
However, legal experts and opposition parties warn that the legislation constitutes a direct violation of the Dayton Peace Agreement and BiH’s constitutional framework. Opposition deputy Ognjen Bodiroga (SDS) condemned the move as an unconstitutional power grab, stating that any changes to jurisdiction must be made through mutual agreement between both BiH entities.
Meanwhile, RS has also introduced amendments to its Criminal Code, establishing penalties for failing to implement RS institutional decisions. Individuals holding public office in RS or at the BiH level could face imprisonment of six months to five years for non-compliance. This measure is widely perceived as an effort to deter BiH officials from upholding state-level legal rulings within RS territory.
New RS Judicial Council and Foreign Influence Legislation
In addition to restricting BiH judicial institutions, RS lawmakers have approved the establishment of a separate High Judicial and Prosecutorial Council (HJPC) for RS, responsible for appointing judges, prosecutors, and other judicial officials. This move effectively isolates the RS judiciary from BiH’s state-level judicial system, further deepening the institutional divide.
Furthermore, the Assembly has adopted a Law on the Special Register and Transparency of Non-Profit Organisations, introducing strict reporting requirements for NGOs receiving foreign funding. This legislation has drawn comparisons to similar “foreign agent” laws enacted in other countries, raising concerns over potential restrictions on civil society and press freedoms.
Dodik’s Strategic Positioning
Milorad Dodik has framed these legislative moves as steps toward reinforcing RS autonomy, while rejecting allegations that they amount to secession. He has emphasised that RS has been preparing for this course of action for years, particularly by strengthening its police capacities. Dodik has also warned that individuals continuing to work for BiH’s judicial institutions within RS territory will face legal consequences.
He has further hinted at additional legislative measures in the coming weeks, though without specifying details. This raises concerns over further legal and institutional fragmentation within BiH.
Reactions and Potential Consequences
International and domestic reactions to these developments are expected to be significant. BiH state institutions are likely to challenge the RS laws in the Constitutional Court of BiH, while the international community, including the Office of the High Representative (OHR), may consider punitive measures.
The legislation signals a deepening political crisis in BiH, potentially undermining the country’s European integration prospects.
