Western Collusion in Undermining the Rule of Law in Bosnia and Herzegovina: An Overview
Western Collusion in Undermining the Rule of Law in Bosnia and Herzegovina: An Overview

Author(s): Bodo Weber
Subject(s): Constitutional Law, Criminal Law, Civil Law, Administrative Law
Published by: DPC Democratization Policy Council e.V.
Keywords: legal development in Bosnia and Hercegowina;
Summary/Abstract: Three legal cases/political scandals during 2018-19 grabbed the attention of the domestic public and the international community in Bosnia and Herzegovina (BiH). The first two concerned the unresolved deaths of two young men, Dženan Memić in Sarajevo and David Dragičević in Banja Luka. The improper investigative conduct of the police and judiciary regarding their deaths raised suspicions of cover-ups and political interference. The third concerned corruption allegations against Milan Tegeltija, then president of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC), the BiH judiciary’s self-managing body. The three cases marked the nadir of a steady decline of the rule of law institutions in BiH over the last decade and a half, and stand in stark contrast to 2005 when BiH was a frontrunner among Western Balkan countries aspiring to European Union (EU) membership. Rule of law achievements until then had been the result of substantial and systematic judicial and (to a lesser degree) police reform carried out during the immediate post-war period under the leadership of the international community. This paper serves as an introduction to a policy paper/note series entitled “The Decline of the Rule of Law in Bosnia and Herzegovina and the Role and Responsibility of the International Community” that constitutes a central component of a project launched in 2019 by the Democratization Policy Council (DPC) with the support of the Heinrich Böll Foundation office in Bosnia and Herzegovina. It is aimed at initiating a dialogue among Western diplomats and officials on the international community’s co-responsibility for the decline of the rule of law in BiH – with each subsequent paper covering one of the key episodes stated above – focused on how the damage done can be repaired, and how international actors can contribute to a re-strengthening of the rule of law institutions in BiH.

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