ABSTRACT

This chapter attempts to American-style, multi-ethnic democracy in the Bosnia-Herzegovinian rump of the formerly multi-ethnic dictatorship of Yugoslavia, American negotiators brokered a complex series of formal undertakings known collectively as the Dayton Accord. The parties to the Dayton Accord agreed "to cooperate in the investigation and prosecution of war crimes and other violations of international humanitarian law" not only in the traditional ways that law is applied, but as "otherwise authorized by the United Nations Security Council". The Accord presumes that a legal authority resides in the United Nations Security Council to act in cases of internal conflict. It assumes further that enforcement of the international laws of war by the community of nations is consistent with the current international legal order of separate states. Both bases for supposing the Dayton Accord to be legally binding are dubious. The parties to the annexes quoted are the Republic of Bosnia-Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska.