Legal dispute over ARBiH symbols in Republika Srpska

The Constitutional Court of Republika Srpska issued a split ruling concerning the protection of Bosniak vital national interests. The court determined that the Law on Cemeteries and Funeral Activities violates these interests because a specific formulation regarding the ‘feelings of the Serbian people’ undermines equality among constituent peoples. However, the court rejected claims that amendments to the Criminal Code violate Bosniak interests, ruling that the criminalization of symbols and flags associated with the Army of the Republic of Bosnia and Herzegovina (ARBiH) does not fall under constitutional guarantees for vital national interests.

Following this decision, Denis Bećirović, Chairman of the Presidency of Bosnia and Herzegovina, submitted a request to the Constitutional Court of Bosnia and Herzegovina to assess the constitutionality of those Criminal Code amendments. Bećirović argued that the ban on ARBiH symbols constitutes an attack on the constitutional order and the Dayton Peace Agreement, asserting that Republika Srpska lacks the authority to regulate symbols of state organs.