Bosnia and Herzegovina (BiH) has faced significant challenges in establishing and maintaining the rule of law since the end of the 1992-1995 conflict. Recent developments have raised concerns about potential backsliding in this critical area. This text examines the current state of the rule of law in BiH, highlighting key issues, recent political developments, and efforts aimed at reform.
Judicial Independence and Political Interference
The judiciary in BiH is formally independent but remains susceptible to political pressure and interference. The complex judicial system, operating at multiple administrative levels—state, entity, and cantonal—contributes to inefficiencies and blurred jurisdictions. Political actors have exerted influence over judicial appointments and decisions, undermining public trust in the system. For instance, the High Judicial and Prosecutorial Council (HJPC), responsible for appointing judges, has been plagued by scandals and is widely perceived as corrupt (Freedom House, 2024).
In 2023, the National Assembly of Republika Srpska (RS) adopted legislation withdrawing from the jurisdiction of the Constitutional Court of BiH, a move invalidated by the High Representative but still published in the entity’s official gazette. Such actions exemplify the challenges faced in upholding judicial decisions and maintaining the rule of law across the country (Freedom House, 2024).
Corruption and Anti-Corruption Measures
Corruption remains a pervasive issue in BiH, affecting various sectors and undermining governance. In 2023, BiH ranked 75th out of 142 countries in the World Justice Project’s Rule of Law Index, its worst position since 2015. The country scored particularly low in areas measuring the absence of corruption and the availability of fundamental rights (Sarajevo Times, 2024).
Efforts to combat corruption have seen some progress. In June 2024, the Council of Ministers adopted the Strategy for the Fight against Corruption 2024-2028 and the accompanying Action Plan for Implementation. This strategy aims to strengthen the capacity of law enforcement agencies, judicial bodies, and other institutions involved in tackling corruption. The OSCE Mission to BiH welcomed this development, emphasizing the importance of implementing the outlined measures to strengthen the rule of law (OSCE, 2024).
Political Developments and Challenges
Political instability has further complicated the rule of law in BiH. Milorad Dodik, the president of the RS entity, has been a central figure in recent controversies. In February 2025, Dodik was sentenced to a year in prison and banned from politics for six years for defying rulings by the international envoy to BiH. Despite the verdict, Dodik continued to pursue separatist policies, including plans to establish a border police force for the RS region (Reuters, 2025).
In April 2025, Interpol declined a request from BiH’s state court to issue a Red Notice for Dodik, citing the political nature of the charges. This decision underscores the complexities of addressing political challenges within the framework of international law enforcement (Reuters, 2025).
Freedom of Expression and Media
Freedom of expression and media independence have faced setbacks, particularly in the RS entity. In July 2023, the RS authorities passed a law criminalizing defamation, reversing previous progress and raising concerns about freedom of speech. Journalists have reported increased threats and attacks, contributing to a climate of fear and self-censorship (Freedom House, 2024).
International Assessments and Recommendations
International bodies have expressed concern over the state of the rule of law in BiH. The European Commission’s 2024 report highlighted issues such as political interference in the judiciary, limited progress in fighting corruption, and challenges in ensuring fundamental rights. The report emphasized the need for constitutional and electoral reforms to align with European standards (European Western Balkans, 2024).
Similarly, the Council of Europe’s Group of States against Corruption (GRECO) called for strengthened efforts to prevent corruption among top executive functions and law enforcement agencies. The report highlighted a legal vacuum in corruption prevention policies and recommended the adoption of operational action plans based on risk assessments (Council of Europe, 2024).
Conclusion
The current situation of the rule of law in Bosnia and Herzegovina presents a complex picture. While there have been some positive developments, such as the adoption of anti-corruption strategies, significant challenges remain. Political interference in the judiciary, pervasive corruption, and restrictions on freedom of expression indicate a troubling trend. Addressing these issues requires concerted efforts from domestic institutions, supported by the international community, to ensure that BiH moves forward in strengthening the rule of law rather than regressing.
References
- Council of Europe. (2024). GRECO Publication of 5th Round Evaluation Report on Bosnia and Herzegovina. Retrieved from https://www.coe.int
- European Western Balkans. (2024). Key Findings of the 2024 European Commission Report on Bosnia and Herzegovina. Retrieved from https://europeanwesternbalkans.com
- Freedom House. (2024). Bosnia and Herzegovina: Freedom in the World 2024. Retrieved from https://freedomhouse.org
- (2024). OSCE Welcomes Adoption of Anti-Corruption Strategy in BiH. Retrieved from https://www.osce.org
- (2025). Interpol Declines Bosnian Red Notice Request for Serb Leader Dodik. Retrieved from https://www.reuters.com
- (2025). Serb Separatists Push for Own Border Police in Bosnian Region. Retrieved from https://www.reuters.com
- Sarajevo Times. (2024). Bosnia and Herzegovina is 75th in the World According to the Rule of Law Index. Retrieved from https://sarajevotimes.com
