For the survival of the state of Bosnia and Herzegovina, a 'coup d'état' is necessary

Written by: Sifet Kukuruz

At last night's session of the National Assembly of the Republika Srpska, a "coup d'état" did not occur, but rather an attack on the constitutional order of the state of Bosnia and Herzegovina. The coup d'état is yet to come and to happen; it implies a strike by the state of Bosnia and Herzegovina against those who attacked it. Without a coup d'état, Bosnia and Herzegovina cannot survive.

According to the Criminal Code of Bosnia and Herzegovina, an attack on the constitutional order is committed by anyone who, through the use of force or threat of force, or in any other unlawful manner, attempts to change the constitutional order of Bosnia and Herzegovina or overthrow its highest institutions.

Such an attempt occurred last night when the National Assembly of the Republika Srpska, in an unlawful manner, attempted to change the constitutional order of Bosnia and Herzegovina.

However, it is necessary to emphasize that part of the responsibility for the attack on the constitutional order lies with state institutions, because if the state institutions of Bosnia and Herzegovina had not treated Milorad Dodik as the police and court treated Mrs. Sabaheta Džindo, the attack on the constitutional order of Bosnia and Herzegovina last night certainly would not have happened.

Just as society cannot protect itself from a person with a developed instinctual deviation for theft by merely taking away the stolen item each time and releasing them, so too can the state of Bosnia and Herzegovina not protect itself from anti-constitutional activity merely by annulling unconstitutional laws. Therefore, the solution is not and cannot be to simply annul, for the umpteenth time, the unconstitutional laws adopted by the National Assembly of the Republika Srpska at the dictation of Milorad Dodik.

The true solution is to stop the unconstitutional practice and sanction those who act unconstitutionally. Annulling an unconstitutional law while leaving those who, with direct intent, attempted to unlawfully change the constitutional order of Bosnia and Herzegovina through such a law without sanctions is a wrong approach.

Just as a person with a developed instinctual disorder for theft should be placed in prison or an institution for rehabilitation from theft, so too should the state of Bosnia and Herzegovina have by now placed Milorad Dodik in an institution for rehabilitation from anti-constitutional activity, and that is a state prison. There can be no doubt that a person with a developed instinctual deviation for theft will certainly steal again after being released, just as Milorad Dodik will certainly pass a new unconstitutional law after every annulled unconstitutional law.

All officials in state institutions who abuse their position or authority and refuse to issue an order or instruction to the competent authorities for prosecuting those who act unconstitutionally should also bear responsibility and be prosecuted. The problem of the state of Bosnia and Herzegovina is that state institutions are the least state-like.

If Bosnia and Herzegovina, through its state bodies, does not carry out a "coup d'état" against the forces that have been unlawfully attempting to change the constitutional order of Bosnia and Herzegovina or overthrow its highest institutions for an extended period, then the danger that the state of Bosnia and Herzegovina will collapse from within rather than be destroyed from without is more than real.