Jamie Woodbridge, Lorraine Mullally, and Sibylle Bauer
Publication Date:
03-2002
Content Type:
Policy Brief
Institution:
International Security Information Service
Abstract:
The General Affairs Council meeting on 18-19 February announced the EU's readiness to deploy an EU police mission (EUPM) to Bosnia and Herzegovina (BiH) to take over from the UN International Police Task Force (IPTF) in January 2003. Tasked with establishing sustainable policing structures this first EU-led operation will be an important milestone in the operationalisation of the EU's European Security and Defence Policy (ESDP).
I try to evaluate the role that major International Organization (IOs) have played in the process of democratization in post-war Bosnia and Herzegovina (BiH). By using the case study of BiH, I try to show that it is vital to create democratic institutions in the state and cultivate democratic politics in society simultaneously, for the process of democratization to succeed. I also explore the evolution of IO mandates in BiH to assess whether IOs have learned from past experiences to make their future programs/projects m o re effective.
Topic:
Conflict Resolution, Democratization, and Non-Governmental Organization
Despite more than six years of increasingly intrusive reforms carried out at the behest of the UN Mission in Bosnia Herzegovina (UNMIBH), the local police cannot yet be counted upon to enforce the law. Too often – like their opposite numbers in the judiciary – nationally partial, under-qualified, underpaid, and sometimes corrupt police officers uphold the law selectively, within a dysfunctional system still controlled by politicised and nationalised interior ministries.
In July 2000, the Constitutional Court of Bosnia Herzegovina made an historic ruling requiring the two entities, the Federation of BiH and Republika Srpska (RS), to amend their constitutions to ensure the full equality of the country's three “constituent peoples” throughout its territory.
The law does not yet rule in Bosnia Herzegovina. What prevail instead are nationally defined politics, inconsistency in the application of law, corrupt and incompetent courts, a fragmented judicial space, half-baked or half-implemented reforms, and sheer negligence. Bosnia is, in short, a land where respect for and confidence in the law and its defenders is weak.
NATO-led troops have played a vital part in securing the peace in Bosnia and Herzegovina (Bosnia) since their arrival in December 1995. Although authorised by the Dayton Peace Agreement to assist civilian implementation, the military is not obliged to do so. Yet, by evolving in response to developments, the mission has contributed - albeit belatedly and inconsistently - to international civilian efforts to construct a viable state. This shift was reflected in the change of the mission's name in 1996 from Implementation Force (IFOR) to Stabilisation Force (SFOR).
The current attempts by the leadership of the Croat Democratic Union (HDZ) of Bosnia and Herzegovina to secede from the legal and constitutional structures of the state are the most serious challenge yet to the post-war order established by the 1995 Dayton Peace Accords.
Reunification of Mostar is key to the reintegration of separatist Herzegovinian Bosnian Croats into Bosnia. After years of fruitless post-Dayton efforts to wean the Bosnian Croats from Zagreb and reorient them toward a constructive role in Bosnia, the international community at long last has the capability to achieve this goal. The success of the democratic forces in Croatia in the January-February elections there has brought reliable partners to power with whom the international community can work in Bosnia. Policy initiatives in Herzegovina will not require new resources and, if achieved, can lead to a reduction in the international profile in Bosnia. Failure to act on these opportunities will cripple the Bosnian peace effort and weaken the new government in Croatia. These issues present serious policy challenges.
Topic:
Conflict Resolution, Ethnic Conflict, and Politics
Thousands of people try to find their way daily through an immensely complicated labyrinth established by the three separate and very often conflicting legal systems in Bosnia and Herzegovina (BiH). Evidence presented in this report, the third in the ICG legal project series, proves that unexplained time delays, dubious application of law and blatant ethnic discrimination contribute greatly to the ad hoc nature of Bosnian justice.