The International Court of Justice will, most probably in a few days, announce whether Sakib Softic filed a request for review of the judgment in the lawsuit of BiH against Serbia, as the legitimate representative of BiH.
Professor Milenko Kreca, who was a member of the Trial Chamber of the International Court of Justice for 23 years, said that the decision on the legitimacy of Softic will be made at an informal session of the court, at which will be considered the arguments of both sides.
“It is reasonable to assume that they will conclude that the conditions provided by the statute of the International Court of Justice for starting proceedings have not been met,” believes Kreca.
According to him, if the court acted in accordance with a conventional procedure, they would reject the application only on the basis that the Presidency of BiH, as a collective head of the country, did not start the application for the review.
“Although, we do not know what was written in the letter of the Bosniak member of the Presidency of BiH, Bakir Izetbegovic,” added Kreca.
He noted that it is very important what Croatian member Dragan Covic wrote in his response to the court, which requested from members of the Presidency of BiH to give their opinion on the legitimacy of Softic.
We should remind, that under the Dayton Peace Agreement, the Presidency of BiH makes decisions by consensus, but, under the Constitution, they could be made by a majority vote if there is no agreement.
Theoretically, if Covic would agree with Izetbegovic to start the revision, perhaps there is a possibility that the court recognizes such a decision as the decision of the Presidency of BiH.