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The Resolution on the Srebrenica Genocide and Dayton Peace Agreement: In Which Direction Is It Heading?

100%
Dakić D.
Studia Europejskie-Studies in European Affairs
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2024
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vol. 28
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issue 3
233-247
EN
This study explores the legal consequences and importance of the United Nations General Assembly (UNGA) Resolution (hereinafter: the Resolution) regarding the Srebrenica Genocide, which was adopted in light of the atrocities that occurred in 1995. The main aim is to assess the Resolution’s ability to initiate a supervening impossibility of performance (ius cogens superveniens) concerning the Dayton Peace Agreement. Utilising a qualitative approach, the research analyses the text of the resolution, the voting process, and the pertinent legal frameworks as well as the relevant scholarship. The findings highlight that although UNGA resolutions lack binding authority, they can significantly aid in the evolution of Customary International Law (CIL). The aforementioned Resolution’s focus on accountability and genocide prevention emphasises its contribution to the development of international legal standards and its interpretative role. The investigation reveals that the Resolution contains elements that could be interpreted as binding, hinting at its intended nature. However, the binding nature of the Resolution, in terms of its components and interpretative role, cannot void nor terminate the Dayton Peace Agreement. For such an outcome to occur, the Resolution would have to establish a peremptory norm of general international law through general principles of international law or Customary International Law. In this context, the research clarifies that the Resolution possesses the legitimacy to support the formation of Customary International Law. Nevertheless, this does not suggest that the potential of Customary International Law automatically overrides the grounds of ius cogens superveniens for invalidating the Dayton Peace Agreement. Instead, the Resolution’s reliance on the binding sources of international law, which include peremptory norms along with the judicial interpretation that applies these norms, plays a vital role in this scenario. At the same time, any potential conflict between those principles and the Dayton Peace Agreement, despite being classified as peremptory principles, appears to be overly broad at this juncture.
2
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Bosnia and Herzegovina – From Peace Implementation to Crisis Creation, Legal and Political Problems, Processes and Perspectives

75%
Savić M.
Studia Europejskie-Studies in European Affairs
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2024
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vol. 28
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issue 3
195-213
EN
In this paper, the author deals not only and primarily with legal issues, but also with political problems, processes, and perspectives that characterise Bosnia and Herzegovina. One can notice a number of conflicting opinions regarding the understanding and interpretation of the legal nature, international law status, division of jurisdiction, state organisation, and the position of the federal units (hereinafter: Entities) in Bosnia and Herzegovina. Additionally, there are also opposing concepts regarding the methods of institutional responsibilities (jurisdictions), the scope of reforms, and the future of Bosnia and Herzegovina in general. It must not be forgotten that the creation of this internationally-recognised state took place in turbulent social, political, and legal circumstances with the conclusion of the Dayton Peace Agreement. This analysis primarily includes the framework established by this agreement, with special emphasis on its Annex 4 (the Constitution of Bosnia and Herzegovina). In this sense, the author examines how the process of peace implementation later turned into a crisis generator that is extant. Also, this issue is analysed with certain indications from the author that could be useful to overcome these impediments, but also to create a positive joint perspective.
3
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Bośniacko-hercegowińska etnonacjonalna polityka w kontekście ustroju i przyszłości państwa

63%
Zekić M.
Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
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2014
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issue 5(31/1)
523-538
EN
The underlying aim of the article is to contribute to the understanding the relation between ethnic claims and policies which determine social relations in Bosnia and Herzegovina, and the debate on the current constitutional crisis in this country. The present ethno‑political regime heavily depends on the perpetual crisis as the primary source of political articulation and action. Though the Dayton Accords ended war and established peace in Bosnia and Herzegovina, the agreement did not create a functional central government, lacking the capacity to undertake the reforms needed to meet the terms of accession to the European Union. The peace treaty designed future state structures around the very ethnic‑based power struggles that shaped the conflict. As a result, ethnic‑based politics continued to dominate political space. These politics, combined with high levels of international oversight have distorted the state building process, and reduced democratization efforts. Today, Bosnia’s future is still uncertain. Political squabbles have seriously detracted from Bosnia’s ability to engage in reforms needed to boost its economy and move closer to the EU. Conflicting ambitions of national party leaders is an important factor in this failure. Representatives of an ethnic group can veto any decision that they feel does not accord with their interests. This means in effect that all major decisions have to be made by consensus among the main ethnic parties, which is often very difficult since they have fundamentally different views on Bosnia’s future. Although Bosnia and Herzegovina is currently not in danger of being dismembered, awareness that the country cannot survive without multi‑ethnic collaboration should remain one of the guiding principles for Bosnia’s ruling ethnically‑based political parties.
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