BiH - Constitutional Court - Kecmanović
11/06/2025
11:40

BELGRADE, NOVEMBER 6 /SRNA/ – Professor Emeritus Nenad Kecmanović told SRNA that he honestly did not expect the Constitutional Court of BiH to show even a little honour regarding President Milorad Dodik's appeal, emphasizing that by internationalizing this case, the rulings of this court, as well as the Court of BiH and the Hague Tribunal, will be far more exposed to critical analysis by the legal profession in Europe and across the globe.
"Numerous verdicts of the Hague Tribunal will be ridiculed, which is why they are the most serious ones, those related to Srebrenica, protected /in BiH/ by legal prohibitions against critical re-examination. But the global political climate is changing, and everything will eventually come to light. Many judges’ names will go down in the history of professional dishonour," Kecmanović stressed.
Kecmanović pointed out that three foreign judges still sit on the Constitutional Court of BiH, who, together with two Bosniak judges, form a decisive majority.
He noted that these foreign judges are not particularly distinguished legal experts with high credentials or positions in their home countries, yet in Sarajevo they are paid much more than they would be at home, so he asked how long these internationals will remain in BiH.
"The Dayton Peace Agreement did not envisage 30 years, but it seems it will be forever," said Kecmanović.
As for how the Constitutional Court of BiH functions, he pointed out that it was best described by a former foreign judge of that court, Austrian professor Josef Marko, who admitted there was a tacit agreement with the High Representative that the Court would always confirm the substance of his laws.
Commenting on the situation in BiH ahead of the 30th anniversary of the Dayton Peace Agreement, Kecmanović said that the shock Sarajevo and Brussels suffered caused by the lifting of U.S. sanctions against the leadership of Republika Srpska, and the slap delivered by Russian Ambassador Vasily Nebenzya at the UN Security Council meeting, when he denied Christian Schmidt even the chance to defend himself, had triggered an attempt at consolidation by the other side.
"Schmidt said, `I am German, and only Germany can dismiss me!` And he will indeed be dismissed by /German Chancellor Friedrich/ Merz, though with bitterness. Schmidt may be German, but Merz is American. The U.S. and Russian presidents /Donald Trump and Vladimir Putin/ will easily agree that Europeans have no place at the main table where decisions are made on Ukraine," Kecmanović said.
The incomplete Constitutional Court of BiH on November 4 rejected the appeal filed by the legal team of President Milorad Dodik, which sought to declare unconstitutional the decisions of the first-instance panel and the appellate division of the Court of BiH, which had found Dodik guilty of "disrespecting High Representative's decisions".
Goran Bubić, President Dodik's attorney, stated that by rejecting the defence team’s appeal, the incomplete Constitutional Court of BiH confirmed that the Constitution of BiH as the highest legal act is not being applied, but rather political decisions of a self-appointed foreigner, announcing that proceedings will be initiated before the European Court of Human Rights in Strasbourg.