The Republika Srpska National Assembly (RNSA) today carried out a reckless attack on the Dayton Peace Agreement and the BiH Constitution it established. No amount of political rhetoric or misinformation can alter the fundamental fact that Article III (3) of the Dayton Constitution clearly states that the Republika Srpska must fully comply with the decisions of the institutions of Bosnia and Herzegovina, which includes final and binding rulings of the BiH Constitutional Court. The Republika Srpska cannot unilaterally nullify this obligation; nor can it legally ignore BiH Constitutional Court decisions.
As we have said before, Serbs are an integral part of a multi-ethnic BiH and have a role to play in shaping the country’s institutions and future. This is enshrined in the Dayton Peace Agreement. If Mr. Dodik prevents the RSNA from nominating two judges to the BiH Constitutional Court, then the Court will reach decisions without the benefit of two judges selected from the RS.
Mr. Dodik’s actions will have deprived residents of the Republika Srpska of a voice within a state-level institution provided for in the Dayton Peace Agreement. This is foolish and irresponsible, but it is certainly consistent with Mr. Dodik’s other efforts to deprive Republika Srpska residents of their fundamental freedoms of press, speech, and assembly. Mr. Dodik will no doubt repeat his banal and false claims that the BiH Constitutional Court and its decisions are illegitimate, anti-Serb, or anti-Republika Srpska because the Court does not include two judges from the RS. This is transparently hypocritical given his refusal to allow any nominations to go forward. In this context, if anyone’s actions are anti-Republika Srpska or anti-Serb, it is Mr. Dodik’s. The RSNA leadership shares the blame for facilitating Mr. Dodik’s unconstitutional and anti-Dayton attacks on the BiH Constitutional Court.
The United States strongly supports the territorial integrity, sovereignty, and multiethnic character of Bosnia and Herzegovina, and it will continue to hold individuals engaged in anti-Dayton behavior responsible for their action.