Fragility and the Rule of Law in Bosnia and Herzegovina

Amid growing economic pressures, changing weather patterns, technological development, inequality and political extremism, governments around the world are under increasing pressure to uphold the rule of law while remaining inclusive and accountable. Nearly three decades after the Bosnian War (1992-1995), fragility and the rule of law in Bosnia and Herzegovina remain closely linked. While the country has made significant progress in rebuilding institutions, political divisions and corruption continue to hinder development.
From Conflict To Institutional Fragility
The Bosnian War (1992-1995) claimed more than 100,000 lives and displaced millions before ending with the Dayton Peace Agreement. While the agreement secured peace, it also established a highly decentralized political system designed to balance power among the country’s three main ethnic groups: Bosniaks, Serbs and Croats.
Today, Bosnia and Herzegovina consists of two autonomous entities, the Federation of Bosnia and Herzegovina and Republika Srpska, and the self-governing Brčko District. This highly decentralized system creates overlapping responsibilities that delay policymaking, reforms and public service delivery.
Although this constitutional framework has helped preserve peace since the end of the war, it has also contributed to ongoing institutional fragility. Political divisions, corruption and legislative deadlock still hinder effective governance and weaken public confidence in state institutions.
The European Commission’s 2019 Expert Report on Rule of Law Issues concluded that a lack of commitment to the rule of law remains a fundamental challenge, requiring substantial legislative and institutional reforms to meet European Union standards.
These governance challenges are reflected in the World Justice Project’s 2024 Rule of Law Index, where Bosnia and Herzegovina ranks 70th out of 143 countries globally. While the country was one of the few to improve its overall score, concerns remain over delays in the civil justice system, government interference and the broader impact of political polarization on judicial independence and accountability.
Why the Rule of Law Matters for Development
A strong rule of law is fundamental to sustainable development. Independent courts, transparent institutions and accountable governments help create stable societies where public services function effectively and citizens’ rights are protected. Conversely, corruption and weak governance can divert public resources away from priorities such as healthcare and education, limiting opportunities for communities to thrive.
Addressing fragility and strengthening the rule of law in Bosnia and Herzegovina remain essential to improving living standards and supporting long-term development. According to the World Bank, Bosnia’s fragmented governance has slowed the reforms needed to attract foreign investment, create jobs and advance European Union accession, limiting economic growth and institutional modernization. For many Bosnians, stronger institutions are about more than governance as they help ensure fair access to public services, employment opportunities and legal protections, particularly for those facing economic hardship.
At the same time, the United Nations has expressed concern over the deteriorating environment for human rights defenders, warning that legal uncertainty and political tensions can discourage civic participation and deepen social divisions. By strengthening judicial independence, improving government transparency and protecting fundamental freedoms, Bosnia can create a more stable environment that supports the wellbeing of citizens and lays the foundation for prosperity and democratic governance.
Strengthening public institutions is therefore not only a matter of good governance but also an important step toward reducing poverty and inequality. More effective and accountable institutions can improve access to services and create economic opportunities for communities across Bosnia and Herzegovina.
International Support and the Path Forward
Despite persistent challenges, Bosnia and Herzegovina has taken important steps toward strengthening the rule of law with support from international partners. The United Nations Development Programme (UNDP) is helping modernize public administration through digital public services, open-data initiatives and improved public finance management, while also enhancing citizen participation in local decision-making.
The Organization for Security and Co-operation in Europe (OSCE) also supports judicial independence through trial monitoring, legal assistance and reforms that improve transparency and accountability. These initiatives aim to increase public confidence in the justice system.
Although significant challenges remain, continued domestic reform and international cooperation offer an opportunity to strengthen public trust, improve access to justice and reduce barriers that prevent vulnerable communities from benefiting fully from economic and social development.
As Bosnia and Herzegovina continues to strengthen its institutions, addressing fragility and reinforcing the rule of law will be essential to ensuring lasting peace, economic opportunity and inclusive development.
– Maisie Russell
Maisie is based in Surrey, UK and focuses on Business and Politics for The Borgen Project.
Photo: Unsplash
