The Canadian address and consultancy agreement between Mladen Filipović, head of the Representative Office of Republika Srpska, and lobbyist Ari Ben-Menashe, a former Mossad operative, are described as a paradiplomatic move by the authorities in Banja Luka. According to available information, the Prosecutor’s Office of Bosnia and Herzegovina will not investigate this matter. The criminal complaint filed by 11 state representatives against Filipović, Milorad Dodik, and others, on suspicion of attacking the constitutional order, was suspended by prosecutor Vedrana Jovičić.
Decision of the Prosecutor’s Office of Bosnia and Herzegovina
Nearly three months passed from the opening of the case to its suspension, about which state members of parliament have been informed. Prosecutor Vedrana Jovičić determined that there was no violent attack on the constitutional order and territorial integrity of Bosnia and Herzegovina, and therefore, no criminal offense.
The explanation states that although the consultancy agreement was concluded, in practice it cannot produce consequences that would jeopardize the constitutional order or political stability of Bosnia and Herzegovina, nor undermine legal security or the smooth functioning of Bosnia and Herzegovina’s institutions.
The prosecutor interprets the contract as having a political context and instructed the representatives to resolve the matter through a civil lawsuit.
However, for them, this case is not settled but is a test of whether the state judiciary has the capacity to respond institutionally to political projects driven by secessionist rhetoric.
Nihad Omerović, a People and Justice (NiP) representative in the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, announced an appeal.
“We will file a complaint with the state prosecutor and seek the annulment of the decision on failure to conduct an investigation, bearing in mind that the evidence is, I repeat, unambiguous that an attack on the constitutional order is in question, as well as the misuse of financial funds of the Republika Srpska entity,” Omerović said.
Content and Objectives of the Agreement
The lobbying agreement was created under the direction of the former, now convicted, president of Republika Srpska, Milorad Dodik, with the goals of strengthening the position of Republika Srpska and lifting sanctions against him and his secessionist network.
One section of the contract states:
“Independence of Republika Srpska from Bosnia and Herzegovina is our ultimate goal. We will also ensure the support of the United States Government for removing Christian Schmidt from the position of High Representative in Bosnia and Herzegovina and condemn the biased decisions of this representative.”
Journalist Goran Dakić assessed that this is a political project that repeats itself in different forms.
“I am convinced that this government, led by the president of all presidents, will sign and put on paper everything required of it just to satisfy its needs and interests. If the independence of Republika Srpska is on paper, it was placed there only because it suited someone at that moment, but let me remind you that we have been independent and autonomous tens of thousands of times so far, and that story, of course, does not hold water,” Dakić said.
The Boundary between Diplomacy and Criminal Responsibility
There is no independent Republika Srpska, but there is also no Schmidt or sanctions. The question is whether these are the results of lobbying or an international shift towards Bosnia and Herzegovina? So far, we are witnessing the implementation of everything on the ground except for an independent Republika Srpska from the set lobbying goals. Where does the legitimate diplomatic and economic lobbying of the entity end, and where does the criminal offense of an attack on the constitutional order begin, and what evidence is needed to prove it?
Lawyer and constitutional law expert Nedim Ademović emphasized that the key legal criteria are clear.
“The first basic criterion is that the party concluding the agreement must have a clear legal basis for that kind of contract. Second, the budget must contain an item for that purpose because these are public funds belonging to citizens. Third, the agreement cannot be contrary to legal regulations, above all, the Constitution of Bosnia and Herzegovina,” Ademović explained.
Lobbying and the Political Narrative
And the narrative of returning competencies, secession, or an independent Republika Srpska is backed by million-dollar contracts, diplomatic pressure, and open confrontation with state institutions. It is a strategy that has been built for years and is paid for dearly. But with whose money?
In this case, four million dollars are at stake, so the state prosecutor, due to the allegations in the complaint regarding the illegal disposal of the entity’s budget funds for this contract, forwarded the case file to the Public Prosecutor’s Office of Republika Srpska to investigate that aspect as well.
