scholarly journals The Republic of Srpska between Scylla and Charybdis

2005 ◽  
pp. 125-156
Author(s):  
Milijan Popovic
Keyword(s):  
Bosnia And Herzegovina ◽  
International Community ◽  
Constitutional Court ◽  
Peace Agreement ◽  
Police Reform ◽  
Legal Nature ◽  
Yugoslav Republic ◽  
Dayton Peace Agreement ◽  
The Republic ◽  
National Defence

The Republic of Srpska was created during the civil war in the territory of the former Yugoslav republic of Bosnia and Herzegovina in 1992-1995. Within the general framework of the agreement to establich peace in Bosnia and Herzegovina (the Dayton Peace Agreement), in Novembar 1995 it was recognized as an entity within Bosnia and Herzegovina. According to the Dayton Constitution, by its legal nature The Republic of Srpska was a confederative unit (with some elements of a federal unit) within Bosnia and Herzegovina as a confederation (with the some elements of a federation). During the last ten years, both Bosnia and Herzegovina and The Republic of Srpska underwent deep transformations. An indication of these deep transformations was the decision of the president of the Arbitration Tribunal to establish the District of Brcko as the third entity sui generis (in addition to The Republic of Srpska and The Federation of Bosnia and Herzegovina). Two basic levers in the anti-Dayton transformational processes which occurred in Bosnia and Herzegovina and its entities were The Constitutional Court of Bosnia and Herzegovina, as well as The High Representative of the international community for Bosnia and Herzegovina. The Constitutional Court of Bosnia and Herzegovina passed a series of anti-Dayton decisions; by its consequences the most far-reaching decision was related to the issue U 50/2000 which declared the constitutionality of the Bosniacs, the Croats and the Serbs in the entities. On the basis of that decision, in 2000 a set of amendments to The Constitution of The Republic of Srpska was passed which deeply changed the legal nature of The Republic of Srpska. It was transformed from a confederative into to a federal unit. The anti-Dayton activity of The High Representative of the international community is even more pronounced. He became the main constitutional and legislative factor of Bosnia and Herzegovina and its entities. Under his pressure, in 2003 new amendments to The Constitution of The Republic of Srpska were passed which further diminished the authorities in The Republic of Srpska, specially in the field of national defence and public security. The High Representative himself brought and declared dozens of laws for Bosnia and Herzegovina with which he transformed Bosnia and Herzegovina from the union of states into a federation. With the police reform he announced, he is preparing to regionalize Bosnia and Herzegovina, not taking into account the entity borders, and thus to pave the way for the final abolition of entities including The Republic of Srpska.

Bosnia and Herzegovina: Unifying Armed Forces in a Divided State

2020 ◽  
Author(s):  
Danijela Dudley
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Armed Forces ◽  
International Community ◽  
The European Union ◽  
Peace Agreement ◽  
Civil Military Relations ◽  
Institutional Structures ◽  
Dayton Peace Agreement ◽  
Military Relations

Bosnia and Herzegovina emerged as an independent state in 1995 after a bloody civil war that accompanied the dissolution of the Socialist Federal Republic of Yugoslavia. The new state faced the task of democratizing its political system and constructing its civil–military relations in the context of postconflict reconstruction and reconciliation, while working within the challenging parameters established by the Dayton Peace Agreement. In order to maintain a unified state of Bosnia and Herzegovina but at the same time create conditions in which Bosniaks, Croats, and Serbs could coexist, the international community, which directed the terms of the Dayton Peace Agreement, divided the state internally into two entities and allocated public offices equally among the three ethnic groups, creating thus a convoluted power-sharing structure which continues to dominate the country’s political developments. In addition, the terms of the peace agreement established an extensive presence of the international community to oversee and to a large extent dictate the country’s postwar reforms and implementation of various aspects of the peace agreement. As a result of the context in which it reached statehood, the terms of the peace agreement, and regional circumstances, Bosnia and Herzegovina’s civil–military relations since independence have been shaped by three factors: sustained ethnic divisions among the three constituent peoples; continued, and sometimes forceful, presence of the international community; and the country’s desire for international integration, particularly potential membership in the European Union and NATO. For almost a decade after the war, Bosnia and Herzegovina lacked state-level defense institutions. In fact, the Dayton Peace Agreement allowed the three ethnic groups to maintain their wartime armed forces, leading to the maintenance of three separate militaries, each commanded and controlled by the corresponding ethnic group. Only after a decade of separate existence were the armed forces united and central institutions for their control established. This unification, however, would not have been possible without the international community’s actions and incentives. The continued presence of the Office of the High Representative, coupled with the country’s desire to satisfy the conditions of membership in the European Union and NATO, have led to the establishment of formal institutional structures for democratic civil–military relations and the unification of its ethnic-based armed forces into one military force. At the same time, while the armed forces have been unified and formal institutional structures for civilian control over the armed forces established, Bosnia and Herzegovina’s civil–military relations have yet to be classified as democratic because the formal powers of the civilian leadership have yet to be fully realized.

scholarly journals Political and military circumstances in Tuzla-Podrinje canton in the year of the Dayton peace

2021 ◽  
Vol 4 (6) ◽  
pp. 184-205
Author(s):  
Izet Hadžić ◽  
◽  
Ahmed Hadžić
Keyword(s):  
Bosnia And Herzegovina ◽  
Demographic Data ◽  
International Community ◽  
Food Prices ◽  
Peace Agreement ◽  
Complex Situation ◽  
Active Monitoring ◽  
The Republic ◽  
The Government ◽  
The Military

At the beginning of the paper we explain the territorial differences between the Washington and Dayton Peace Solutions, which especially refers to the Tuzla-Podrinje Canton and focuses only on the Tuzla region and its specifics in relation to other regions in Bosnia and Herzegovina. We then present the basic elements of the Washington Agreement, the meetings that preceded it, the content of the agreement, the principles of the Vienna Agreement important for the organization of the canton, as well as active monitoring and consideration of the agreement by the Tuzla District Assembly and its views on international community plans. We also monitor the implementation and importance of the implementation of the Washington Agreement in the Tuzla region and the creation of the Tuzla-Podrinje Canton, explain the name of the canton and use demographic data based on the 1991 census to indicate that Podrinje is a Bosniak-majority region. Then we give an overview of how the implementation of the Washington Agreement reflected on the normalization of food prices, the situation in the canton and the strengthening of the combat power of the Army of the Republic of Bosnia and Herzegovina, ie the II Corps of the Army of B&H. The paper describes the jurisdiction of the President of the Canton, the Government of the Canton, national representation by agreement of SDA and HDZ, the composition of the government, the reasons for non-participation of Serbs in implementation and talks with the Serb Civic Council to participate in organizing ministries. We especially present the activities of the President and the Government of the Canton on supporting the Army of the Republic of Bosnia and Herzegovina, II Corps and strengthening defense, budget funds for these purposes: action: „We are all B&H Army“, support for displaced persons and improving living conditions in protected areas of Srebrenica and Žepa We also describe the activities of the authorities during the fall of the protected zones of Srebrenica and Žepa, for the care of the displaced population, as well as the requests to the institutions of the international community to stop and prevent genocide against the Bosniaks of Srebrenica. We especially emphasize the activity of the Tuzla-Podrinje Canton Ministry of the Interior in preserving public order and peace. We are especially dealing with the military situation in the Tuzla-Podrinje Canton, presenting significant military successes through the liberation of Lisača on the Kalesija front, Vis near Gračanica, Vijenac near Lukavac, Greda on Majevica, as well as the crushing of enemy offensives „Spreča-95“ and others. In this paper, we argue the support of Russian diplomacy to the aggressor and link Russia's diplomatic activities through the contact group and other accomplices of the conspiracy group towards the state of Bosnia and Herzegovina. In a complex situation such as that in Bosnia and Herzegovina, when a Serbian aggressor with the support of insurgent Serbs in Bosnia and Herzegovina commits genocide, a joint criminal enterprise with the support of the Croatian state led by Tuđman and Croats mainly from Herzegovina win over Fikret Abdić to organize a quisling creation „autonomous region of Western Bosnia“ and opening a conflict with the Army of the Republic of Bosnia and Herzegovina. The support of the Tuzla District Assembly to the Presidency of Bosnia and Herzegovina and the Government of Bosnia and Herzegovina in their efforts to stop the war and find a peaceful solution was significant. Also, the authorities of the District of Tuzla vigorously condemned the divisions on the national principle as well as the division of the territory of the District of Tuzla. In this paper, we have processed the proposals of the Assembly of the District of Tuzla to the Presidency of Bosnia and Herzegovina according to individual peace solutions. The inadmissibility of the Dayton Peace Solution for the Tuzla-Podrinje Canton authorities and the SDA Cantonal Committee was specifically addressed as well as the reasons and request to President Alija Izetbegović and the negotiating team of Bosnia and Herzegovina to leave the Dayton negotiations, and then the request to Izetbegović to clarify the reasons for accepting such an unjust peace agreement.

When the Total is Less than the Sum of the Parts

2019 ◽  
pp. 22-42
Author(s):  
Marie-Joëlle Zahar
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Constitutional Court ◽  
Constitutional Change ◽  
Peace Agreement ◽  
European Court ◽  
State Capture ◽  
Dayton Peace Agreement ◽  
International Engagement ◽  
The Impact

This chapter examines the impact of territorial restructuring in Bosnia and Herzegovina (BiH) and the context in which it took place. It first considers the context that accompanied the breakup of the Socialist Federal Republic of Yugoslavia before discussing the period of constitutional engagement in the BiH. In particular, it highlights two major issues: the process (or lack thereof) of constitutional change and the centrality of territory. It then explores the role played by international engagement in the implementation of the Dayton Peace Agreement (which made the territorial reorganization of BiH possible), the activism of BiH’s Constitutional Court, and the influence of the European Court of Human Rights. Finally, it analyzes two important lessons from Bosnia with respect to how territorial cleavages ought to be handled in constitutional processes: state capture and citizen loyalties.

From Yugoslavia to Bosnia: Accommodating National Identity in National and International Law

1999 ◽  
Vol 6 (1-2) ◽  
pp. 1-63
Author(s):  
Keyword(s):  
Human Rights ◽  
National Identity ◽  
International Law ◽  
Bosnia And Herzegovina ◽  
Peace Agreement ◽  
Historical Process ◽  
Detailed Consideration ◽  
Legal Responses ◽  
Dayton Peace Agreement ◽  
Dayton Agreement

AbstractThis article examines the constitutional and international law aspects of accommodating national identity in the historical process from Yugoslavia to Bosnia. Broad strategies to deal with crises are outlined. Detailed consideration is given to the whole range of international legal responses to the conflict in Yugoslavia, which were deployed in the pursuit of accommodating national identity. The Dayton Peace Agreement of November 1995, which included a Constitution of Bosnia and Herzegovina and an Agreement on Human Rights, is analyzed. Particular attention is given to the 'internationalizing' of the Constitution of Bosnia in terms of its making, its terms and its implementation. The article contains an assessment of the implementation and of the significance of the Dayton Agreement three years on. The concluding sections provide an overall assessment of the international responses and consider future strategies for accommodating national identity.

scholarly journals Modern Political History of Bosnia and Herzegovina

2021 ◽  
pp. 20-39
Author(s):  
Ešref Kenan Rašidagić
Keyword(s):  
Bosnia And Herzegovina ◽  
Social Life ◽  
Central Government ◽  
Political History ◽  
International Community ◽  
The Political ◽  
Peace Agreement ◽  
History Of ◽  
Post War ◽  
Political Economic

Since Bosnia and Herzegovina’s declaration of independence in 1995, its path has been a rocky one. Unwillingness by the international community to stand by the central government and stand in the way of the neighboring states of Serbia and Croatia’s territorial pretensions, produced a succession of ceasefire agreements, culminating in the final, Dayton Peace Agreement. Each of these agreements espoused the ethnic principle as the guiding philosophy for the organization of the state. The post-war period demonstrates that despite the passage of time, the principle of organization of multi-ethnic state along ethnic lines presents a stumbling block to the functioning of the political, economic and social life in the country. The political history of post-independence Bosnia and Herzegovina (B&H) therefore reads as a history of protracted political paralysis, with no hope of rectifying the problems without another forceful intervention of the international community.

scholarly journals THE LEGAL NATURE OF THE POSITIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF AZERBAYJAN

2020 ◽  
Vol 7 (7(76)) ◽  
pp. 49-53
Author(s):  
Kenul Huseynova
Keyword(s):  
Constitutional Court ◽  
Legal Nature ◽  
Legal Position ◽  
The Republic ◽  
Characteristic Features

This article investigates the characteristic features of the judicial precedent and legal positions of the Constitutional Court. We consider such concepts as «judicial precedent» and «legal position of the Constitutional Court of the Republic of Azerbayjan” and arrive to a conclusion that they are not identical. We single out legal positions of the Constitutional Court and analyze their consistency with the concept of judicial precedent.

scholarly journals (Dis)Advantages af Decentralization Models Driven by Non-Economic Reasons: The Case of Bosnia and Herzegovina

2018 ◽  
Vol 13 (1) ◽  
pp. 81-92
Author(s):  
Aida Soko
Keyword(s):  
Empirical Evidence ◽  
Bosnia And Herzegovina ◽  
Peace Agreement ◽  
Average Efficiency ◽  
Efficiency Estimation ◽  
Dayton Peace Agreement ◽  
Overall Efficiency ◽  
The Impact ◽  
Budget Revenue

Abstract This paper uses a DEA-VRS methodology for the estimation of municipal efficiency to provide empirical evidence of the impact of decentralization in BiH under the Dayton Peace Agreement (DPA) on overall municipal efficiency. In particular, the paper focuses on the analysis of the overall efficiency of 33 new municipalities established under DPA. The findings suggest that the average municipal efficiency in BiH is rather low, and only 23 or 16% of municipalities in BiH are efficient. The average efficiency achieved is around 0.71. This means that with the same level of inputs (budget revenue) outputs may be increased by almost 30%, on average. The results of DEA-VRS efficiency estimation suggest that new municipalities have lower average efficiency (0.60) in comparison to “older” municipalities (0.74). In our sample, only six percent of newly created municipalities are efficient, 12% exhibit some level of efficiency, while the remaining 82% are inefficient, with significant share (39%) of very inefficient municipalities

Letting Nature Swallow the Past: Politics, Memory, and Abandoned Monuments in Postwar Bosnia and Herzegovina

2019 ◽  
Vol 47 (2) ◽  
pp. 248-263
Author(s):  
Beth K. Dougherty
Keyword(s):  
Cultural Heritage ◽  
Bosnia And Herzegovina ◽  
Ethnic Cleansing ◽  
Peace Agreement ◽  
The Past ◽  
National Monuments ◽  
Dayton Peace Agreement

AbstractDuring the 1992–1995 war in Bosnia and Herzegovina, the built physical landscape and places of cultural heritage were deliberately targeted and destroyed as part of the strategy of ethnic cleansing. The 1995 Dayton Peace Agreement recognized the potential for cultural heritage to contribute to postwar reconciliation and rebuilding; Annex 8 established a commission to preserve national monuments. This paper examines the politics of cultural heritage in post-Dayton Bosnia and the ways in which it has been (ab)used to propagate a narrow, exclusivist identity. It focuses on the struggles to control the Commission to Preserve National Monuments as well as the fates of two monuments in particular—Vraca Memorial Park and the Partisans’ Memorial Cemetery—whose abandonment signifies the wider struggles over memory and identity in Bosnia and Herzegovina.

The Protection of Human Rights Through the Dayton/Paris Peace Agreement on Bosnia

1996 ◽  
Vol 90 (2) ◽  
pp. 301-316 ◽  
Author(s):  
Paul C. Szasz
Keyword(s):  
Air Force ◽  
Bosnia And Herzegovina ◽  
General Framework ◽  
The European Union ◽  
Peace Agreement ◽  
Framework Agreement ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Air Force Base ◽  
Republika Srpska

The Bosnia Proximity Peace Talks at the Wright-Patterson Air Force Base near Dayton, Ohio, took place from November 1 to 21, 1995, and ended with the initialing of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFA) and several of the annexed or related instruments by representatives of the principal states parties to the conflict in Bosnia: the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. The initialing was witnessed by representatives of the European Union and the five states members of the Contact Group on Bosnia. In addition, all of the twelve instruments annexed to the GFA were also initialed or otherwise endorsed on behalf of the Federation of Bosnia and Herzegovina and the Republika Srpska. The GFA and these instruments were formally signed in Paris on December 14, and thereby immediately entered into force.

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