ON THE EVE OF THE DAYTON PEACE AGREEMENT ANNIVERSARY: WAS IT SUSPENDED?
ON THE EVE OF THE DAYTON PEACE AGREEMENT ANNIVERSARY: WAS IT SUSPENDED?

Summary/Abstract: This paper critically examines the legal and political implications of the legislative actions taken by the High Representative (HR) in Bosnia and Herzegovina (BiH) and the subsequent institutional responses of the Republic of Srpska. The analysis focuses on whether these actions constitute a suspension of Annex 10 of the Dayton Peace Agreement (DPA) and assesses the legal basis for the HR’s authority. Through a detailed examination of relevant international legal frameworks, including the Vienna Convention on the Law of Treaties (VCLT), the paper explores the transfer and oversight of powers from the United Nations Security Council (UNSC) to the HR. It argues that the absence of UNSC endorsement of Mr. Hans Christian Friedrich Schmidt’s appointment undermines the legitimacy of his actions under international law. Furthermore, the study examines the legal countermeasures taken by the Republic of Srpska, particularly the 2023 Law excluding HR’s decisions from its official publications, as a de facto partial suspension of Annex 10. The paper also evaluates whether the HR’s actions constitute a material breach of the DPA, thereby justifying the Republic of Srpska’s response under VCLT provisions. It highlights the erosion of effective UNSC oversight over the HR and the evolving role of domestic institutions within BiH constitutional framework. This analysis contributes to ongoing debates regarding international intervention, the rule of law, and the limitations of external governance in post-conflict societies, offering valuable insights for scholars, policymakers, and legal practitioners concerned with the future of the Dayton Peace Agreement and international oversight mechanisms.

• Details
• Contents