Izetbegović reveals content of International Court of Justice letter

The International Court of Justice in The Hague sent a letter to three separate addresses of the three members of the Presidency of Bosnia and Herzegovina, which has attracted considerable attention from the local public.

One piece of information is that the Tribunal is requesting a statement from the members of the Presidency of Bosnia and Herzegovina, Mladen Ivanić, Dragan Čović and Bakir Izetbegović, regarding the application for revision of the judgment in the case of Bosnia and Herzegovina's lawsuit against Serbia for genocide.

The member of the Presidency of Bosnia and Herzegovina from the Bosniak people received the letter in the afternoon, and in a comment for Slobodna Bosna, he revealed its content, Patria reports.

"I have just read that letter. The letter requests clarification regarding the legitimacy of agent Softić according to the Decision of the Presidency of Bosnia and Herzegovina of October 4, 2002. The reason for requesting clarification is that confusion was created by private letters from Mr. Mladen Ivanić and Mr. Igor Crnatko, which they sent to the Court on July 13, 2016 and February 3, 2017, in which they attempt to challenge the legitimacy of agent Softić.

The fact that no one in Bosnia and Herzegovina can dispute, not even Mr. Ivanić, is that by the Decision of the Presidency of Bosnia and Herzegovina of October 4, 2002, Mr. Softić was appointed and authorized as the agent of Bosnia and Herzegovina before the International Court of Justice for all legal actions and proceedings related to the BiH lawsuit, which actions and proceedings are prescribed by the Statute and Rules of that Court. One of those actions is the initiation of the revision procedure of the Judgment of February 26, 2007," Izetbegović said for SB.

He confirmed that the decision of the Presidency of Bosnia and Herzegovina of October 4, 2002 was made in accordance with the Constitution of Bosnia and Herzegovina, and concerns the valid legal legitimacy of Sakib Softić as the agent of BiH before the International Court of Justice.

"The decision entered into force on the day it was adopted. The decision does not prescribe any limitation on the mandate of agent Softić. This decision of the Presidency of BiH has never been amended, nor has it ever been repealed. The Presidency of BiH did not relieve Softić of his duties as agent of BiH after the International Court of Justice delivered the Judgment of February 26, 2007. Therefore, the Decision of the Presidency of BiH of October 4, 2002 still represents the official position of the Presidency of BiH, which is in force, which must be respected and acted upon. This is about respecting the elementary principle of continuity of legal regulations. A once-made decision of the Presidency of BiH must be respected and acted upon as long as that decision is in force, whether some people like it or not."

Izetbegović confirmed that according to the legal order of BiH, no new decision of the Presidency of BiH is necessary in which Softić is reappointed as the agent of BiH. He also notes the fact that the International Court of Justice, based on the Decision of the Presidency of BiH of October 3, 2002, accepted Softić as the agent of BiH.

Will the Presidency comment on this letter from the International Court of Justice?

"The Presidency of BiH should state that the above-mentioned facts regarding the status and legitimacy of agent Softić are unquestionable. Colleague Ivanić does not want to put the challenge to the legitimacy of agent Softić on the agenda of the Presidency of BiH, because he knows that the Presidency of BiH would not adopt a decision on the dismissal of the agent, since decisions are made by consensus, and that by doing so, Ivanić would, in a formal sense, confirm what is an obvious fact: that Sakib Softić has legitimacy under the Decision of the Presidency of BiH of October 4, 2002."

Izetbegović assessed that Ivanić is using political assessments and positions in an attempt to challenge Softić's legitimacy.

In an interview with Slobodna Bosna, Izetbegović said: "The thesis of Mladen Ivanić that it is necessary for the Presidency of BiH to adopt a decision on initiating the revision procedure of the Judgment of February 26, 2007, and that in the absence of that decision, Mr. Softić has no legitimacy to submit an application on behalf of BiH for initiating the revision procedure of that Judgment, is legally unfounded. The Presidency of BiH has already once adopted all necessary decisions regarding the BiH lawsuit, including the Decision of October 4, 2002, by which it appointed and authorized Mr. Softić to represent BiH before the Court in this BiH lawsuit. Whether Mr. Ivanić likes that decision of the Presidency of BiH or not, it is in force, and as long as it is in force, the Presidency cannot decide on the same matter again."

Izetbegović says that the Presidency of BiH is not being asked to comment and vote on the request for revision, but rather to clarify the status of agent Softić. He himself said that he would like this to be done in accordance with the facts, and that he had previously proposed this to Mladen Ivanić, the Chairman of the Presidency of BiH.

"Agent Softić has a mandate to represent BiH before the Court, this mandate was given to him by the Presidency of BiH, and the mandate can only be taken away from him by a decision of the Presidency of BiH. So, I think the situation is crystal clear: agent Softić has a mandate from the Presidency of BiH that has never been taken away from him."

Izetbegović emphasized that he did not experience the letter from the International Court of Justice as a slap in the face for BiH, but as a confirmation of everything he had previously pointed out, that the revision is a legal matter.

"Embarrassment before the public often occurs when our past comes back to haunt us, but we have almost gotten used to it – genocide is denied, the day of the formation of paramilitaries and para-states is celebrated, convicted war criminals are rehabilitated and ceremonially welcomed, convicted war criminals responsible for genocide and the suffering of tens of thousands of people are decorated. We obviously cannot agree on the past, and we will agree on the future more easily if it is based on accepting the truth that is most precisely written precisely in the judgments of international courts."

Izetbegović also interpreted the reactions coming from the RS and Serbia, saying that in the RS the revision is a political – not a legal – issue.

"The revision is used for a showdown between two party blocs in the entity of Republika Srpska, while in Serbia it is treated more as a legal issue," he explained, adding that Serbia will also react with legal arguments.