Milorad Dodik’s tenure as President of Republika Srpska (RS) has been officially terminated following the Court of Bosnia and Herzegovina’s rejection of his appeal. The court upheld the Central Election Commission’s decision to revoke his mandate, a move Dodik has vehemently rejected, vowing to organize a referendum to assert his position and disregard the ruling.

Key Takeaways

  • The Court of Bosnia and Herzegovina has confirmed the termination of Milorad Dodik’s mandate as President of Republika Srpska.
  • Dodik has rejected the court’s decision and announced plans for a referendum in Republika Srpska.
  • Legal experts believe a referendum would not be legally binding and cannot overturn court rulings.
  • Dodik’s political maneuvering space is significantly narrowed, with analysts doubting the effectiveness of his planned actions.

Legal Confirmation and Dodik’s Defiance

The Court of Bosnia and Herzegovina on August 18 rejected Milorad Dodik’s appeal against the Central Election Commission’s (CEC) decision to revoke his mandate as President of Republika Srpska. This ruling officially terminates his presidency. However, Dodik has publicly stated his refusal to comply with the decision, asserting his legitimacy through popular election.

"I will not respect it. I respect the will of the people. You were arrogant, and you expect me to be submissive. I will not be. I am the President of Republika Srpska, and you can write whatever you want. I was elected by the people, I will not be replaced by a foreign government," Dodik declared on X, formerly Twitter. He also stated that there would be no election for the President of RS, regardless of the court’s decision.

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Dodik’s conviction earlier this month for refusing to implement decisions from the High Representative in BiH, Christian Schmidt, led to the initial revocation of his office. Despite multiple appeals, the Court of BiH’s decision has solidified the termination of his mandate.

Expert Analysis on Dodik’s Options

According to Neven Anđelić, an assistant professor of international relations and human rights, the court’s decision was legally predictable. "Simply, the institutions followed the law, and I could not see any different legal outcome," Anđelić told EWB. He added that while Dodik might attempt to rally political support, it is unlikely to alter the legal reality.

Legal expert Vehid Šehić emphasized that any referendum aimed at negating court decisions would be unacceptable and politically motivated. Tanja Topić, a political analyst, echoed this sentiment, stating that Dodik’s options are limited. She pointed out several issues with a potential referendum:

  • It would not be legally binding, serving merely as a public opinion poll.
  • Citizens cannot overturn a final court judgment through a referendum, creating a dangerous illusion.
  • There is currently no body to conduct such a referendum, as the Republic Electoral Commission members resigned and replacements have not been appointed.

Topić also noted that Dodik’s past inconsistent political decisions have eroded some public support, and any future referendums, including one on RS exiting BiH, would likely be annulled by the Constitutional Court of BiH, increasing his legal troubles.

Future Outlook and Tensions

Despite the legal developments, analysts do not anticipate a significant escalation of tensions. Topić suggested that Dodik and his associates might be awaiting a favorable outcome from a potential Donald Trump presidency. She also mentioned Dodik’s claims that American representatives had given a "green light" for the verdict to prevent him from meeting Trump.

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Šehić commented on the difficulty of predicting events in Bosnia and Herzegovina due to the ongoing lack of rule of law. He highlighted that while Dodik had previously accepted the jurisdiction of various BiH institutions, the current decisions, and any potential referendum, are unlikely to have legal consequences for Republika Srpska or its Serb population.

Sources