Ending the State-Building Impasse: What Can Be Learned from Previous EU Enlargements that Might Offer Solutions for Bosnia and Herzegovina. ACES Working Paper No. 10, 2007

On the basis of the success of the two previous waves of European Union enlargement to post-communist states, EU accession is the international community's solution for ending the state-building impasse in Bosnia and Herzegovina. Through a literature review of analysis of the recent EU enlargements, this paper compares those countries' experiences with the current situation in Bosnia, and raises questions about the ability of the EU to address state-building issues through the accession process. The paper concludes that the previous enlargements do not provide a model for state-building in Bosnia. Because the EU's attempts to help along the process of state building in Bosnia is a new type of policy project, the paper proposes how the enlargement process might be adapted to address the specific problems in Bosnia, particularly in terms using human rights norms to compel Bosnian leaders to adopt necessary reforms.

Paradoxes of stabilisation. Bosnia and Herzegovina from the perspective of Central Europe. OSW Report, March 2016

On 15 February 2016 Bosnia and Herzegovina applied for membership of the European Union. This was the result of the new policy strategy which the EU introduced in 2014, aimed at unblocking BiH’s integration process and encouraging local elites to accelerate the reform process. Despite a formal application to the EU, the main internal problems of BiH remain the same - local politicians focus more on the power struggle and enhancing ethnic division than on reform and this is hampering the economic development of one of the poorest countries in Europe. For these reasons this report is devoted to analysing the internal challenges to the stability, coherence and unity of the country. Special attention was also placed on examining the interest and strategies of the various international actors since they can hinder or support the reform process.

Information Guide: Bosnia and Herzegovina

A guide to information sources on Bosnia and Herzegovina, with hyperlinks to information within European Sources Online and on external websites.

Russia in Serbia – soft power and hard interests. OSW COMMENTARY No. 150, 2014-10-29

Russian President Vladimir Putin’s visit to Serbia on 16 October has demonstrated Moscow’s willingness to secure its interests in the Balkans and use Belgrade in its confrontation with the West. It seems, however, that Russia does not have much to offer to Serbia’s authorities, which are reluctant to make more concessions towards Russia. However, Moscow has already gained a strong position in Serbia, which is due to the country’s dependence on Russian natural resources and, in particular, strong support for Russian policy on the part of Serbian elites and society. The traditional pro-Russian attitudes have been strengthened as a result of a series of Russia-inspired, wide-ranging soft power initiatives which have proved so successful that a large part of society has begun to believe that Russia’s interests are consistent with Serbia’s. Russia’s increasingly active policy towards Serbia and the Serbian minorities in the neighbouring countries – Bosnia and Herzegovina, Montenegro and Kosovo – has been part of a larger plan aimed at hampering the integration of the Balkan states with the Euro-Atlantic structures and maintaining an area of instability and frozen conflicts in the EU’s near neighbourhood. Russia’s policy is also becoming increasingly effective due to the EU states’ diminishing support for Balkan countries’ European integration.

The ICC Debate and the EU-U.S. Struggle for Influence: The Case of the Balkan-6. ACES Working Paper No. 11, October 2007

The objectives of the European Union (EU) and the United States (US) for the countries of the Balkan region are generally assumed to be complementary. They both stress and condition their support and assistance on the progress that these countries make with regards to economic modernization, build-up of social institutions, and respect for international law. However, this rhetoric doesn't always match the facts on the ground. Often, instead of dealing with a cohesive set of policy recommendations, the countries in the region are faced with contradictory alternatives and zero-sum choices. The debate over the development of the International Criminal Court (ICC) was such a case. It centered on whether the countries in the region should exempt US personnel from the jurisdiction of the Court while in the country and thus rendering them immune from prosecution for any crimes committed for which the US courts were not willing or able to take any action. The final outcome was mixed. Three of the countries - Croatia, Serbia (and Montenegro), and Slovenia - decided not to give in to US pressure, while the remaining three - Albania, Bosnia and Herzegovina, and Macedonia - ignored the pleas and threats of the EU and of the various international non-governmental organizations and decided to sign Bilateral Immunity Agreements (BIAs) with the US. How can one explain such divergent outcomes? I argue that the credibility of actors involved played an important role in determining whether threats coming from the US or the EU were more credible, thus tipping the scales in favor of signing BIAs with the US. However, the issue of threat credibility serves only to narrow down the choices of actors. Further determination of the outcome necessitates a look at the nature of the security context in which these countries exist and operate.

PALESTINIAN REFUGEES-HOW CAN A DURABLE SOLUTION BE ACHIEVED? CEPS Middle East Working Paper No. 6, July 2003

From the Introduction. The refugee question is at the core of the conflict between Israel and the Palestinians. Palestinians were first displaced as a direct consequence of the 1948 war and its aftermath. Twenty years later, another wave of Palestinian refugees was created as a consequence of the war during which Israel occupied the West Bank and the Gaza Strip. The purpose of the present paper is to: • deliver a critical analysis of past approaches to deal with the refugee issue in the various attempts to resolve the conflict between Israel and the Palestinians; • discuss lessons to be learned from the settlement and its implementation mechanisms in Bosnia and Herzegovina; and • propose a direction for a long-term strategy for the international community that avoids past pitfalls and could ultimately lead both parties to an agreement.

"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of “lawfare” in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.

Bosnia, Kosovo and the EU: Is Accession Possible without Full Sovereignty?

Bosnia and Kosovo are the only two members of the EU enlargement zone that have never tried to apply for EU membership, given that both are too far from complying with the required minimum standards. But besides lacking basic capacities, these two potential candidates share another common feature: both are limited, to different degrees, in their national sovereignty. This lack of sovereignty not only limits the capacity of the potential candidates to negotiate or to enter into agreements with the EU; it also undermines their readiness to undertake serious reforms. The EU tries to dodge the political blockades that are the root cause of the problem by focusing on the technical issues; this might provide a temporary relief but cannot substitute a realistic accession perspective, which is currently absent. However, without this perspective, the EU’s ‘normative power’ in these countries will continue to erode – which bears the risk that both Kosovo and Bosnia will, in the end, try to solve existing problems through unilateral measures, such as partition. Given its lack of ability to provide alternatives, the EU has to realistically consider such outcomes and think about the possible consequences.

European Foreign and Security Policy since the Lisbon Treaty – From Common to single? ZEI Discussion Paper C226, 2014

Since the Lisbon Treaty, all organizational conditions have been created for the systematic use of the Common Foreign and Security Policy (CFSP). Military and civil structures, especially the operational headquarters and associated common structures like transport command, have been established. Until now there has been limited activity in crisis resolution, outside of Bosnia and Macedonia, and therefore little has been done in replacement of NATO. It is therefore difficult to assess the development of the common policy on conflict prevention and crisis management and it has been shown that in all cases NATO should come into play as planned from the outset.