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In the exerciseof the powers
vested in the High Representative by Article V of Annex 10 (Agreement on
Civilian Implementation of the Peace Settlement) to the General Framework
Agreement for Peace in Bosnia and Herzegovina, according to which the High
Representative is the final authority in theatre regarding interpretation of the
said Agreement on the Civilian Implementation of the Peace Settlement; and
considering in particular Article II.1. (d) of the last said Agreement,
according to the terms of which the High Representative shall “Facilitate, as
the High Representative judges necessary, the resolution of any difficulties
arising in connection with civilian implementation”;
Recallingparagraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre regarding interpretation of the Agreement on the
Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph (c) thereof)
“measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities”;
The High Representative hereby issues the following
DECISION
1. The decisions of the Republika Srpska National Assembly taken at the
Session on 26 July 2002 to appoint two judges to the Constitutional Court of
Bosnia and Herzegovina, namely Prof. Dr. Miodrag Simovic and Prof. Dr. Radomir
Lukic, which decisions were later published in the Official Gazette of Republika
Srpska (47/02 of 5 August 2002), were taken in breach of the procedures required
to be followed pursuant to the Decision of the High Representative of Bosnia and
Herzegovina taken on 11 January 2001 (Official Gazette of Bosnia and Herzegovina
2/01, Official Gazette of Republika Srpska 4/01, Official Gazette of the
Federation of Bosnia and Herzegovina 3/01).
2. The said appointment decisions (published in the Official Gazette of
Republika Srpska (47/02 of 5 August 2002) as hereinbefore referred to) are null
and void and without any legal effect whatsoever. Fresh appointment procedures
should be initiated and pursued forthwith.
3. This present Decision of the High Representative is taken pursuant
to his powers under Article V of Annex 10 (Agreement on Civilian Implementation
of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia
and Herzegovina (as later interpreted) according to which the High
Representative is the final authority in theatre regarding interpretation of the
said Agreement on the Civilian Implementation of the Peace Settlement.
4. This present Decision is taken pursuant to the international mandate
of the High Representative as aforesaid and shall not be justiciable before any
court in Bosnia and Herzegovina or otherwise.
Sarajevo, 16 September 2002
Paddy Ashdown
High Representative
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